Washington, D.C. -- The Senate Committee on Homeland Security and Governmental Affairs favorably reported two measures championed by U.S. Senator Daniel K. Akaka (D-Hawaii) during a committee business meeting today. The Federal Employee Protection of Disclosures Act (S. 494), which was sponsored by Senators Akaka and Susan Collins (R-Maine), and the Homeland Security Grant Enhancement Act (S. 21), cosponsored by Senator Akaka, were adopted by voice vote.

The Federal Employee Protection of Disclosures Act would make necessary amendments to the Whistleblower Protection Act (WPA) and other changes to strengthen the rights and protections of federal employees who come forward to disclose government waste, fraud, and abuse.

Prompted by judicial decisions which have corrupted the intent of Congress to prevent whistleblower retaliation, S. 494 would codify congressional intent, ensure an open and transparent process for the adjudication of employee whistleblower retaliation cases, strengthen the disciplinary authority of the Office of Special Counsel (OSC), the agency responsible for protecting whistleblowers from reprisal, and ensure that Congress gets the information necessary to conduct its oversight and investigatory functions.

Senator Akaka said, "I am pleased that the Committee has once again given its full support for whistleblowers by passing legislation to strengthen their rights and protections. However, strengthening whistleblower protections is more than just an employee protection issue -- it promotes good government. If federal employees fear reprisal for blowing the whistle, then we not only fail to protect the whistleblower, but we fail to protect taxpayers and, in recent notable instances, national security. This bipartisan legislation approved today strengthens employee whistleblower protections, strengthens national security, and ensures that Congress receives information needed for its oversight functions."

In particular, the legislation would:

- suspend the Federal Circuit Court of Appeals' monopoly on the review of whistleblower retaliation cases and permit multi-circuit review for a period of five years;

- require agencies to educate employees of their whistleblower rights and how to make disclosures of classified information;

- clarify that "any" disclosure of waste, fraud, or abuse may be protected, but not disagreements over legitimate policy decisions;

- establish an objective test for determining whether an employee has made a protected disclosure of waste, fraud, or abuse;

- protect whistleblowers whose security clearance revocation is the basis of retaliation;

- provide the Office of Special Counsel with the independent right to file 'friend of the court' briefs, or amicus briefs, with federal courts; and

- codify and strengthen the anti-gag provision that has been part of every Transportation-Treasury Appropriations bill since 1988.

Senators Grassley, Levin, Leahy, Voinovich, Lieberman, Coleman, Durbin, Dayton, Pryor, Johnson, Lautenberg, Carper, and Chafee are also cosponsors of the bill.

The Homeland Security Grant Enhancement Act, as amended by the Committee, combines the State Homeland Security Grant Program, the Law Enforcement Terrorism Prevention Program, and the Urban Area Security Initiative together into a single program and guarantees that each state will receive at least .55 percent of the homeland security grant funding. Senator Akaka is an original cosponsor of S. 21, which was introduced by Senator Collins.

"All states have unique homeland security needs and require federal assistance to improve preparedness and emergency response capabilities," noted Senator Akaka. "As an island state, Hawaii must be self-sufficient when disaster strikes. We do not have neighbors capable of offering immediate assistance. I am proud that the Homeland Security Grant Enhancement Act will ensure that Hawaii continues to receive the necessary funding to prevent and prepare for a terrorist attack." While offering support for S. 21, Senator Akaka also expressed concern that the bill does not adequately address the inability of Indian tribes to access homeland security funding. Senator Akaka argued that tribes should be able to apply directly to the Department of Homeland Security for funding since they are not receiving it through the states.

Senator Akaka said, "I am concerned that Indian tribes are not adequately represented in this bill. Some of the nation's most porous borders lie on tribal land because we have not given tribal governments the resources to fight illegal immigration."

"Even though the population and vulnerabilities of tribal land are incorporated in state homeland security plans and grant applications, most states do not allocate a corresponding level of funding to the tribes. We must remedy this oversight," he said.

While language was added at markup at Senator Akaka's request to clarify that states should allocate funding to tribes, Senator Akaka expressed his hope that additional changes could be made to the bill prior to a floor vote.

Senator Akaka is a senior member of the Senate Indian Affairs Committee.