Whistleblower Enhancement Protection Act
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The Whistleblower Enhancement Protection Act of 2009 was introduced earlier this year as part of the federal government’s plan to increase accountability and promote the public’s confidence in government spending and financial practices. The act was originally introduced in 2008, and was successfully passed in the House that year. However, the bill was unable to be reconciled prior to the adjournment of the 110th Congress.
The Enhancement Act is aimed at protecting federal employees from retaliatory practices as a result of reporting Government waste and fraud. Co-sponsors of the bill include Senators Akaka, Lieberman, Voinovich, and Kennedy among others. In an introductory statement for the bill, Senator Akaka stated that:
The need for strengthened whistleblower protections is clear. In this time of economic crisis, we cannot wait to act on measures to make sure the government uses tax dollars efficiently and effectively.
Since Federal Employees are often in the best position to discover and witness government wrong doings its imperative that federal employees feel protected against retaliatory practices for whistleblowing. As stated by Senator Akaka in an open floor debate provided in the Congressional Record:
Only when Federal employees are confident that they will not face retaliation will they feel comfortable coming forward to disclose information that can be used to improve government operations, our national security, and the health of our citizens.
Protection for federal employees under the initial Whistleblower Protection Act has been diluted in part due to judicial decisions made in the Federal Circuit. Congress has stated that the judiciary has misconstrued the statute and as a result, its full protective measures for whistleblowers have deteriorated.
The Whistleblower Enhancement Protection Act includes provisions that prohibit the enforcement of non-disclosure policies and would bar the investigating of a federal employee in retaliation for disclosure.
Many are hopeful that the act will serve as a means to reduce government waste and promote accountability within the federal government.