Broadened Whistleblower Protections Sought

Legislation (S-494) introduced in the Senate and backed by many of the members there most active in civil service issues would expand the types of disclosures that are protected from retaliation under federal whistleblower law. The measure would overturn precedent from the U.S. Court of Appeals for the Federal Circuit, that have restricted when an employee has a “reasonable belief” that he or she is making a disclosure that warrants protection. It also would provide for an independent determination as to whether a whistleblower suffered retaliation through the revoking of a security clearance, and allow the Office of Special Counsel—the agency that investigates and prosecutes some retaliation cases against agency management—the authority to intervene in federal courts on behalf of whistleblowers. The bill is backed by leaders of the Senate Homeland Security and Governmental Affairs Committee, which last year passed a largely similar bill.