Last night I discussed a variety of whistleblower issues currently in the news:

Over the weekend, I attended a TRUTHCON event presented by the Bradley Manning Support Network and the Georgetown Chapter of the National Lawyers Guild. (Go here to support Bradley Manning now). In the coming weeks Manning's attorneys are set to argue Manning's motion to dismiss the charges based on a failure to provide Manning with a speedy trial and a motion to dismiss the charges based on unlawful pre-trial punishment, specifically allegations of Manning's torture.

Last week the House of Representatives passed the Whistleblower Protection Enhancement Act (WPEA) (S. 743) by unanimous consent. The bill represents a rare bi-partisan effort to strengthen whistleblower protection rights for millions of federal workers that is a decade in the making.

WaPo reported:

The Whistleblower Protection Enhancement Act, which has been bouncing around Congress for a decade, took an important step toward becoming law with House approval Friday.

While the WPEA is an important first step that closes many loopholes in the protections for federal whistleblowers, there is still a gaping hole in protection for intelligence employees that the Obama administration needs to fix:

[Tom] Devine [of the Government Accountability Project] noted that the Obama administration promised to take executive action on national security whistleblower rights, if Congress didn’t: "Because this bill excludes intelligence community workers, now is the time for the President to honor his promise and provide an effective, responsible channel for reporting waste, fraud and abuse."

The Senate is expected to act on the bill in November. The WPEA protections include:

1.) Expanded Protection for Disclosures of Government Wrongdoing

• Closes judicially-created loopholes that had removed protection for the most common whistleblowing scenarios and left only token rights (e.g. only providing rights when whistleblowers are the first to report misconduct, and only if it is unconnected to their job duties). (Sec. 101, 102)
• Clarifies that whistleblowers are protected for challenging the consequences of government policy decisions. (Sec. 101, 102)

GAP Applauds Passage, Senate Expected to Follow Suit

GAP hailed today's passage of S. 743, the Whistleblower Protection Enhancement Act (WPEA), by the House of Representatives by unanimous consent. The legislation would provide millions of federal workers with the rights they need to safely report government corruption and wrongdoing. The bill reflects a strong bipartisan consensus, and now goes to the Senate for approval upon their return in November. The text of the bill can be read here.

GAP Legal Director Tom Devine commented:

The good news is that the whistleblower rights in this bill are the strongest in history for federal workers. Congress is on the verge of restoring credible free speech rights for government employees who want to expose corruption and defend taxpayers. The bad news is that our work is not done. Demands by a few key Republicans removed provisions for jury trials that Congress has provided for nearly all corporate whistleblowers, and national security reforms to prevent classified leaks through protection for those who act responsibly within government’s institutional checks and balances. The bottom line is that the House consensus sweeping reform is a major, bipartisan victory for good government.

Devine singled out retiring Senator Daniel Akaka (D-Hawaii) as the pioneer in the thirteen year legislative campaign to pass the WPEA, stating "Senator Akaka is running and winning a marathon victory for whistleblowers."

Other key champions have included House Republicans Darrell Issa (Ca.) and retiring member Todd Platts (Pa.) – who has sponsored the House bill for over a decade – as well as House Democrats Chris Van Hollen (Md.) and Elijah Cummings (Md.). Senators Charles Grassley (R-Iowa), Susan Collins (R-Maine) and Joseph Lieberman (I-Ct.) have been Senator Akaka’s partners.

We've got exciting news about potential passage of essential legislation that would give federal whistleblowers the rights they need. The big development: Our whistleblower champions in Congress are pushing to pass the Whistleblower Protection Enhancement Act (S. 743) before they leave town!

Our coalition has learned that the House and Senate cosponsors of the bills have come to agreement, and will offer the strongest version of the Whistleblower Protection Enhancement Act (WPEA) they think they can pass this week.

We must keep this momentum going. If you have already signed our petition, thank you for acting to support whistleblowers. If you have not – please, please sign the petition today! This is crunch time, and voicing your support takes less than a minute!

Click here to sign the petition!

While Congress was on summer recess, over 160 organizations that represent more than 40 million taxpayers rallied behind federal whistleblower reform, along with numerous whistleblowers and prominent taxpayer and conservative organizations.

The window of time for passing this good government bill is extremely short. Members of Congress will only be here a few more days before they break until after the elections. We urgently need you to write your representatives today and tell them that they must pass critical whistleblower and taxpayer protections before they leave Washington.

Click here to sign the petition!

Now is the time. Your voice is desperately needed to help restore protections for federal whistleblowers! Please sign our petition and tell your representatives to pass the Whistleblower Protection Enhancement Act (WPEA) before they adjourn from Washington to go campaigning!

Over the past two decades, federal employee whistleblower rights have fallen victim to hostile judicial activism. The current, toothless protections are the best reason for conscientious workers to turn a blind eye to all sorts of government wrongdoing – even threats to public health and safety.

Click here to sign the petition!

The state of current protections is simply unacceptable. Under current law, a federal employee is not protected if s/he:

• is not the first person who discloses given misconduct
• makes a disclosure to a co-worker
• makes a disclosure to a supervisor
• discloses the consequences of a policy decision, or
• blows the whistle while carrying out job duties

The WPEA (S. 743, H.R. 3289) would, at a minimum, overturn these loopholes. 

From now until the November election, members of Congress only have a handful of working session days before they break until after the elections. We urgently need you to write your representatives today and tell them that they must pass critical whistleblower and taxpayer protections before they leave Washington.

Click here to sign the petition!

To kickoff the 2012 Whistleblower Summit: Civil and Human Rights Conference, Senator Charles Grassley (R-IA) delivered words of appreciation to our nation’s unsung heroes, whistleblowers. Addressing whistleblowers who traveled across the country to attend the summit, Senator Grassley remarked, “These courageous whistleblowers have risked their careers, livelihood and personal well being. I thank all whistleblowers and those who support their cause…Today’s event highlights the uphill struggle that whistleblowers overcome.”

It is an uphill struggle with often no end in sight for federal employees. The gatekeepers of taxpayer dollars and last lines of defense against public health and safety abuses, federal workers remain uniquely vulnerable to retaliation when they report government abuses. Over the past decade, Congress has passed over 10 laws that provide best practice whistleblower rights for employees in the private sector. However, under the defunct Whistleblower Protection Act (WPA) federal employees are afforded second class rights.

Under current law, federal employees are not eligible for whistleblower protections if they:

• are not the first person who discloses given misconduct
• make a disclosure to a co-worker;
• make a disclosure to a supervisor;
• disclose the consequences of a policy decision;
• blow the whistle while carrying out job duties.

Whistleblower Protection Enhancement Act passed by Unanimous Consent

(Washington, DC) – The Government Accountability Project (GAP) hailed last night's 'Unanimous Consent' approval by the US Senate of S. 743, the Whistleblower Protection Enhancement Act (WPEA). The legislation provides millions of federal workers with the rights they need to safely report corruption from inside the federal bureaucracy.

GAP Legal Director Tom Devine commented, "This is the fourth time the Senate has unanimously approved similar legislation to restore protections for federal whistleblowers. The spotlight now shifts to the House of Representatives, where action is long overdue. Despite unanimous approval last November, the House Committee on Oversight and Government Reform has not yet reported the bill to the full House."

Over the past 12 years, GAP has been at the forefront of advocating for passage of the WPEA, heading a coalition of hundreds of groups demanding these protections. Last Congress, the legislation – after passing both the Senate and House by Unanimous Consent in some form – was killed by an anonymous Senator's "secret hold" in the remaining hours of the session. Working with NPR's On The Media on a campaign to identify the responsible party, GAP was informed that House Republican leadership was responsible for the hold.

Commented Devine: "This reform would have been law in December 2010, except that then-incoming House leaders asked Senate allies to place an anonymous hold blocking final enactment … on grounds that they would produce a better reform. It is past time to prove it. The House won the last election on a pledge to reduce government waste, fraud and abuse. That commitment has rung hollow, as there has been no action to protect those who risk their professional lives to stand against federal wrongdoing. What are they waiting for?"