On the Issues
WHISTLEBLOWER PROTECTION ![]() Whistleblowers play a crucial role in ensuring that Congress and the public are aware of serious cases of waste, fraud and mismanagement in government. Over the past few years, courageous individuals have stepped forward to blow the whistle on significant lapses in our efforts to protect the United States against potential terrorist attacks. Most notably, FBI Agent Coleen Rowley alerted Congress to serious institutional problems at the FBI and their impact on the agency's ability to effectively investigate and prevent terrorism. Also, Michigan Border Patrol Agents Mark Hall and Bob Lindemann risked their careers when they alerted Congress to policies that were compromising security on our borders. These individuals are the latest in a long line of federal employees who have taken great personal risks in blowing the whistle on government waste, fraud and mismanagement. If any federal employee reasonably believes that a fraud or mismanagement is occurring and has the courage and sense of responsibility to come forward, it is our duty to ensure that they are protected from reprisal. 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 some notable instances, national security as well. Congress has long recognized the obligation to protect whistleblowers from reprisal. Congress passed the original Whistleblower Protection Act in 1989 and strengthened the law in 1994. However, recent holdings by the United States Court of Appeals for the Federal Circuit (which has exclusive jurisdiction over whistleblower claims) have misinterpreted the intent of Congress, with the result that new legislation is sorely needed. Senator Levin has joined Senator Daniel Akaka, D-Hawaii, and others in introducing S. 274, the Federal Employee Protection of Disclosures Act, to correct the Federal Circuit's repeated misinterpretations of the whistleblower law. S. 274 would also strengthen the Office of Special Counsel (the agency responsible for protecting whistleblowers from reprisal) and create protections for federal employees whose security clearances are revoked or against whom an investigation is initiated simply because they blew the whistle. The Senate included similar language in the 2006 Defense Authorization bill, but it was not included in the final bill signed by the President. Senator Levin will continue to work to ensure passage of this vital legislation. The Office of Special Counsel (OSC) is the independent federal agency whose job it is to protect federal employee whistleblowers from retaliation. If you are a whistleblower and are seeking more information, visit the OSC website. |
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LEGISLATION
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COMMITTEES
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TASK FORCES
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