Bill would help eliminate waste, fraud and abuse within the federal government
Washington, D.C. - "The Whistleblower Protection Enhancement Act (H.R. 1317)," a bipartisan bill which seeks to restore protections for federal employees who report illegalities, gross mismanagement and waste, and dangers to the public health and safety, unanimously passed the House Government Reform Committee today.
"Being a whistleblower takes courage," Congressman Todd Platts (PA-19) said. "Reporting waste, fraud and abuse within the federal government should not result in harassment, a damaged career, or the loss of income or employment altogether. It is important for potential whistleblowers to feel that, if they come forward, they are truly protected by federal law."
Platts successfully offered an amendment to the bill which determines how claims are heard and adjudicated. Namely, if the Office of Special Counsel (OSC) does not take action within 180 days in response to a whistleblower complaint filed with them, a federal employee could choose to have his or her claim decided in federal district court. This would include a right to a jury trial. Currently, the only recourse for most federal whistleblowers is the Merit Systems Protection Board (MSPB). A right to a jury trial, however, is afforded to corporate whistleblowers and employees of the Department of Energy. Extending this right to other federal employees would be "a landmark good government breakthrough," according to the Government Accountability Project.
This legislation is the House companion to a bill already introduced in the United States Senate (S. 494) by Senators Daniel Akaka (D-HI) and Charles Grassley (R-IA) which was approved unanimously by the Senate Committee on Governmental Affairs on May 25, 2005.
H.R. 1317 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 Federal Circuit has stated in various cases that:
. An employee is not protected by the WPA if he or she directs criticism to the wrong-doer instead of to a higher authority.
. An employee is not protected by the WPA if the information disclosed was done so in the course of his or her duties.
. An employee is not protected by the WPA if the information disclosed is already known.
"The Whistleblower Enhancement Act" would make 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."
"I look forward to working with Senators Akaka and Grassley, and my colleagues in the House on this important issue," said Congressman Platts. "I would also like to thank those courageous citizens who have exposed waste, fraud, and abuse in the federal government by becoming whistleblowers."
Congressman Platts is hopeful that passage out of Committee today will lead to passage by the full House of Representatives and ultimately an agreement with the Senate to enhance protections for federal whistleblowers before the end of the 109th Congress.
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