U.S. House of Representatives Adopts Series of Government Reform Bills Advanced by Platts

Whistleblower bill would eliminate waste, fraud and abuse within the federal government, while Freedom of Information Act legislation gives citizens more access to their government

Washington, D.C. – The U.S. House of Representatives adopted two bipartisan pieces of legislation Wednesday long championed by Congressman Todd Platts (PA-19).  “The Whistleblower Protection Enhancement Act” (H.R. 985), which seeks to restore protections for federal employees who report illegalities, gross mismanagement and waste, and dangers to the public health and safety, passed the House by a vote of 331 to 94.  “The Freedom of Information Act (FOIA) Amendments for 2007” (H.R. 1309), which helps citizens obtain more timely responses from the federal government, was adopted by a vote of 308 to 117.   Platts was the lead Republican cosponsor of both bills.

 “These two pieces of legislation go a long way towards making the federal government more open and accountable to its citizens,” said Congressman Platts.  “Open and accountable government are the cornerstones of good government.”

            H.R. 985 would amend the Whistleblower Protection Act (WPA) in response to a series of decisions by the Federal Circuit Court, which have weakened the WPA.  The Federal Circuit Court has sole authority to review cases under the WPA.  “The Whistleblower Protection Enhancement Act” provides protection to federal employees who lawfully disclose waste, fraud and abuse and makes it clear that any disclosure of information is protected “without restriction to time, place, form, motive, context, or prior disclosure made to any person by an employee or applicant, including a disclosure made in the ordinary course of an employee’s duties.” 

            "Today the House of Representatives whistled the truth,” said Tom Devine, legal director of the non-profit Government Accountability Project.  “If the Senate follows suit, this will be the strongest whistleblower protection law ever enacted by our Congress, or any other nation."  

            The other piece of legislation, H.R. 1309, would amend FOIA to close loopholes in the law, help requesters obtain more timely responses, and provide FOIA officials with the tools needed to ensure that the Federal government remains open and accessible.  Specifically, the legislation would allow requesters to track their request by telephone or the internet; open the FOIA process to independent journalists, such as bloggers; establishes an Office of Government Information Services to provide informal guidance to requesters; and requires the Office of Personnel Management to examine how FOIA can be better administered at the federal agency level.

            “Thomas Jefferson once said that ‘Information is the currency of democracy.’  FOIA is an essential tool to ensure that the citizens of this nation have access to information in the way Jefferson envisioned,” said Congressman Platts. “This legislation is a continuing part of that process and will help bring FOIA into the 21^st century.”

            House passage of these two bills comes after several years of work by Platts.  Legislation he sponsored on behalf of federal whistleblowers in the 108^th and 109^th Congress’ (H.R. 3281 and H.R. 1317) were both adopted by the House Government Reform Committee, but failed to come to a vote before the full House.

            "This legislation is really Mr. Platts' baby," Devine said recently. "He was carrying the water for this bill when it was difficult for us to find any Republicans to give us the time of day."

            During the 109^th Congress, as chairman of the House Government Management, Finance, and Accountability Subcommittee, Platts held several oversight hearings on improving FOIA, led the passage of a FOIA-related bill out of that subcommittee (H.R. 867, the OPEN Government Act), and worked with the Bush Administration on an Executive Order to improve the overall transparency of the FOIA process that was signed by President Bush on December 14, 2005.

Platts offered two amendments to H.R. 985 which were adopted by voice vote.  The first amendment would create a consistent standard for `clear and convincing evidence' as the burden of proof that must be met to sustain an agency's affirmative defense that it would have taken the same personnel action independent of an employee's whistle blowing.  The second amendment clarifies that an otherwise-protected disclosure cannot be disqualified because of the forum in which it is communicated, such as in testimony in court or as part of an Inspector General investigation.

            “When elected officials from both sides of the aisle put partisanship aside to enact sound public policy, we reaffirm the ideals of public service,” Congressman Platts said.  “I remain committed to working with my Republican and Democratic colleagues alike to advance solutions for the many challenges facing our great country.