Introduction in the Senate

• On Feb. 3, 2009, Democratic Sen. Daniel Akaka, along with 12 cosponsors, introduced the Whistleblower Protection Enhancement Act of 2009. The bill, which sought to “clarify the disclosures of information protected from prohibited personnel practices…and for other purposes,” was approved by committee on July 29, 2009, and placed on the Senate Legislative Calendar on Dec. 3, 2009.
  
  

Introduction in the House

• On March 12, 2009, the House of Representatives introduced its version of the Whistleblower Protection Enhancement Act of 2009, H.R. 1507. Sponsored by Democratic Rep. Christopher Van Hollen and 14 cosponsors, the House immediately referred the legislation to the House Committee of Homeland Security and the Committee on Oversight and Government Reform.
  
  

Purpose of the Act

• Title 5 of the U.S. Code sets the rules for government organization and government employees. Both the House and Senate version of the act seek to amend Title 5 by defining more succinctly the concept of “disclosure” and its applicability relating to whistleblower protections. Other aspects of the bill include: protections for employees of the Transportation Security Administration, establishment of the Intelligence Community Whistleblower Protection Board, a revised standard of proof requirement when claiming adverse retaliation, and changes to several elements of the disciplinary procedure, such as the addition of jury trials.
  
  

Hurdles to Passage

• Since 1994, many attempts to pass an updated House version of the Whistleblower Enhancement Protection Act have failed. The act died in committee in 1994, 1997 and in 2003, although reported by committee, never received a vote. In 2007, Democratic Rep. Henry Waxman saw his version of the bill overwhelmingly pass the House; however, it was never placed on the Senate calendar.
  
  

Watchdog Reactions

• Government watchdogs and various advocacy groups see the bill as a blessing and a curse. The Project for Government Oversight (POGO) supports the bill as advantageous in tackling some of the loopholes in the current code, while also advocating for additional protections as the bill goes through committee. Conversely, the National Whistleblowers Center (NWC) considers the amendments as presenting clear conflicts of interest within the national security community and claims that the act, if passed, will set back “whistleblower rights 30 years.”