Government Accountability Project reports: Legislation Added to Defense Bill Would Restore Free Speech Rights Canceled by Supreme Court for Federal Government Workers on the Job

“The Senate yesterday acted quickly to plug a government accountability loophole created less than one month ago, when the Supreme Court’s Garcetti v. Ceballos decision canceled constitutional free speech rights for government workers carrying out their job duties. Senate bill S. 494, which includes that reform amidst a general overhaul of the Whistleblower Protection Act, was agreed to by unanimous consent as an amendment to the 2007 National Defense Authorization Act, passed 96-0 last evening. For the last three Congresses, the Senate Homeland Security and Governmental Affairs Committee (HSGAC) approved similar legislation, but until yesterday Senate leaders had refused to permit a floor vote.”

Federal Employee Protection of Disclosures Act of 2005

Date Introduced: 03/02/05

Bill Number: S.494

Long Title: A bill to amend chapter 23 of title 5, United States Code, to clarify the disclosures of information protected from prohibited personnel practices, require a statement in nondisclosure policies, forms, and agreements that such policies, forms, and agreements conform with certain disclosure protections, provide certain authority for the Special Counsel, and for other purposes (added by Postal Reporter)

“The House version of the defense bill does not address whistleblower rights, although the House Government Reform Committee has passed an even broader-ranging version of the Senate reform, with two bills (HR 1317 and HR 5112) that together provide jury trials for whistleblowers and extend protection to national security employees and government contractors. The fate of S. 494 will be determined by a conference not expected until late in the session. But the Senate action makes it a foregone conclusion that federal whistleblower law will be strengthened.”

U.S. Senator Susan M. Collins Press Release

Legislation offered by Senator Susan Collins (R-ME) and Senator Daniel K. Akaka (D-HI) that would strengthen whistleblower protections for federal employees passed the U.S. Senate today.  The Federal Employee Protection of Disclosures Act was unanimously accepted as an amendment to the Fiscal Year 2007 National Defense Authorization Act, which cleared the Senate 96-0.  
 
“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 of retaliation.  Absent these needed protections, cases of fraud and abuse will continue to go unnoticed as would-be informants remain quiet out of fear.”
 
Specifically, the Akaka-Collins bill will:
• Codify and strengthen the anti-gag provision that has been included in appropriations language since 1988;
• 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.
 

Related link:

Senate Committee Acts To Restore Protection For Whistle-Blowers (Washington Post)