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Senate Approves Akaka-Collins Bill to Protect Whistleblowers

June 22, 2006

Washington, D.C. - The United States Senate today passed legislation to strengthen protections for federal employees who disclose government waste, fraud, abuse, or threats to public safety.

An amendment based on S. 494, the Federal Employee Protection of Disclosures Act, was accepted under unanimous consent to the fiscal year 2007 National Defense Authorization Act. Senators Daniel K. Akaka (D-HI) and Susan M. Collins (R-ME) offered the amendment. Senators Chuck Grassley (R-IA), Richard Durbin (D-IL), Carl Levin (D-MI), and Joseph Lieberman (D-CT) were consponsors.

"Today the Senate recognizes both the importance of encouraging federal workers to come forward to disclose government wrongdoing and lapses in our national security. These men and women, who put their country before personal well-being, should not be restrained because of fear of retaliation for doing what’s right," said Senator Akaka. "The need to act now was heightened because of last month’s Supreme Court decision that limits whistleblower protection under the First Amendment. It’s unacceptable for the courts to add another deterrence to federal whistleblowing."

The Akaka-Collins bill will:

  • end the sole jurisdiction over federal whistleblowers cases of the Federal Circuit Court of Appeals by permitting multi-circuit review for five-years
  • restore congressional intent that employees are protected for "any" disclosure of waste, fraud, or abuse
  • protect whistleblowers whose security clearance revocation is based on retaliation;
  • provide the Office of Special Counsel with the independent right to file amicus briefs in federal courts
  • codify and strengthen the anti-gag provision that has been included in appropriations language since 1988

Senator Akaka said, "I extend my sincere appreciation to Chairman Collins whose support was instrumental in moving this amendment. She helped forge the consensus needed to pass this bill."

Senator Collins is the chairman of the Homeland Security and Governmental Affairs Committee on which Senator Akaka serves as the ranking member of the Subcommittee on the Oversight of Government Management, the Federal Workforce, and the District of Columbia.

"This amendment reverses the steady erosion of whistleblower protections caused by employment practices that circumvent current protections and adverse court decisions," said Senator Collins. "We must ensure that federal employees can continue to come forward and disclose instances of official or department misconduct without fear for their personal safety or the loss of their job. Absent these needed protections, cases of fraud and abuse will continue to go unnoticed as would-be informants remain quiet out of fear."

Senator Akaka praised the bipartisan coalition who cosponsored his amendment as well as his bill. He also thanked Senator Levin and Senator Grassley who sponsored the 1989 law and 1994 amendments, for their steadfast commitment to federal whistleblowers.

The Akaka-Collins bill was reported out of the Homeland Security and Governmental Affairs Committee on May 25, 2005 and is cosponsored by the amendment cosponsors as well as Senators Patrick Leahy (D-VT), George Voinovich (R-OH), Norm Coleman (R-MN), Mark Dayton (D-MN), Mark Pryor (D-AR), Tim Johnson (D-SD), Frank Lautenberg (D-NJ), Thomas Carper (D-DE), and Lincoln Chafee (R-RI).


Year: 2008 , 2007 , [2006] , 2005 , 2004 , 2003 , 2002 , 2001 , 2000 , 1999 , 1900

June 2006

 
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