The legislation seeks to clarify congressional intent regarding the scope of protection provided to whistleblowers; provide for an independent determination as to whether a whistleblower was retaliated against by revoking his or her security clearance; establish a pilot program to suspend the Federal Circuit Court of Appeals' monopoly on federal employee whistleblower cases for a period of five years; and provide the Office of Special Counsel, which is charged with representing the interests of federal whistleblowers, the authority to file amicus briefs with federal courts in support of whistleblowers.
"Providing meaningful protection to whistleblowers fosters an environment that promotes the disclosure of government wrongdoing and mismanagement that may adversely affect the American public," Senator Akaka said. "If federal employees fear reprisal for blowing the whistle, we fail to protect the whistleblower, taxpayers, and, in recent notable instances, national security and our public health. A free society should not fear the truth."
"Congress has consistently supported the principle that federal employees should not be subject to prior restraint or punishment from disclosing wrongdoing. This should give federal workers the piece of mind that if they speak out, they will be protected," said Senator Collins. "Full whistleblower protections will also help ensure that Congress and our Committee have access to the information necessary to conduct proper oversight."
Senators Akaka and Collins cited recent examples of several high profile whistleblowers and the positive impact they have had on national security and public health. They expressed concern over the very public struggles these individuals endured after alerting the public to waste, fraud, abuse, and security and health violations and the impact it could have on others coming forward.
In introducing the Federal Employee Protection of Disclosures Act, Senator Akaka and Chairman Collins were joined by Ranking Member Joseph Lieberman (D-CT) of the Senate Homeland Security and Governmental Affairs Committee, which has jurisdiction over the Whistleblower Protection Act, and Senators Carl Levin (D-MI) and Senator Charles Grassley (R-IA), who sponsored the 1989 Whistleblower Protection Act.
Similar whistleblower protection legislation, which was also introduced by Senators Akaka and Collins, was passed unanimously last year by the Homeland Security and Governmental Affairs Committee.
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