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Senate Approves Akaka-Collins Bill to Protect Whistleblowers

Shields federal employees who expose waste, fraud, abuse, or threats to public safety

December 17, 2007

Washington, D.C. - The United States Senate today passed by unanimous consent the Federal Employee Protection of Disclosures Act, S. 274, to strengthen protections for federal employees who disclose government waste, fraud, abuse, or threats to public safety.  Introduced by Senators Daniel K. Akaka (D-HI) and Susan M. Collins (R-ME), S. 274 would address several court decisions that have weakened the Whistleblower Protection Act and provide structural reform to the process for enforcing rights under the Act.

"Today, the Senate took a historic step forward in protecting federal workers who disclose government wrongdoing and lapses in our national security, representing the most significant improvement in whistleblower protections in over ten years," Senator Akaka said.  "Recent instances of government waste, fraud, and abuse clearly demonstrate the need to promote disclosure of wrongdoing and mismanagement that may adversely affect the American public.  If federal employees fear reprisal for blowing the whistle, we not only fail to protect the whistleblower, we fail taxpayers, our national security needs, and our public health.  Encouraging whistleblowers by protecting their rights is a necessary step in making a better America."

"Congress has consistently supported the principle that federal employees should not be subject to prior restraint or punishment from disclosing wrongdoing," noted Senator Collins.  "I am pleased to see the Senate give federal workers the peace of mind that if they speak out, they will be protected. Full whistleblower protections will also help ensure that Congress and our Committee have access to the information necessary to conduct proper oversight."

The Akaka-Collins bill will:

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

S. 274 was reported by the Homeland Security and Governmental Affairs Committee on June 13, 2007.  The bill is cosponsored by Senators Charles Grassley (R-IA), Carl Levin (D-MI), Joseph Lieberman (ID-CT), Patrick Leahy (D-VT), George Voinovich (R-OH),Thomas Carper (D-DE), Richard Durbin (D-IL), Mark Pryor (D-AR), Frank Lautenberg (D-NJ), Edward Kennedy (D-MA), and Barbara Mikulski (D-MD).

CONTACT:
Jesse Broder Van Dyke (Akaka): (202) 224-6361
Jen Burita (Collins): (202) 224-2523 

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December 2007

 
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