110th Congress Rept. 110-42
HOUSE OF REPRESENTATIVES
1st Session Part 2
======================================================================
WHISTLEBLOWER PROTECTION ENHANCEMENT ACT OF 2007
_______
March 12, 2007.--Ordered to be printed
_______
Mr. Waxman, from the Committee on Oversight and Government Reform,
submitted the following
SUPPLEMENTAL REPORT
together with
ADDITIONAL VIEWS
[To accompany H.R. 985]
Legislative History
In the section labeled ``Legislative History'', amend the
last sentence to read as follows:
``The Committee held a markup to consider H.R. 985 on
February 14, 2007, and ordered the bill to be reported, as
amended, by a rollcall vote of 28-0.''
Statement of General Performance Goals and Objectives
Amend the Statement of General Performance Goals and
Objectives section to read as follows:
``In accordance with clause 3(c)(4) of Rule XIII of
the Rules of the House of Representatives, the
Committee's performance goals and objectives are
reflected in the descriptive portions of this report
including extending whistleblower protections to
federal employees who work on national security issues;
strengthening whistleblower rights for federal
contractors; ensuring that employees of the
Transportation Security Agency (TSA), in particular its
baggage screeners, have whistleblower rights; providing
explicit protections for federal employees who report
instances where federal research is suppressed or
distorted for political reasons; overrides several
court and administrative decisions that undermined
existing whistleblower protections; and providing
whistleblowers access to federal district courts if the
Merit Systems Protection Board (MSPB) or the Inspector
General (IG) does not take action on their claims
within 180 days.''
Earmark Identification
Amend the language in the Earmark Identification section to
read as follows:
``H.R. 985 does not contain any congressional
earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of
rule XXI.''
Additional Views
ADDITIONAL VIEWS OF REPRESENTATIVE TOM DAVIS
During the 109th Congress, the Committee approved
legislation sponsored by Rep. Todd Platts (R-PA) to modernize,
clarify, and expand the federal employee whistleblower
protection laws. This legislation served as the basis for the
whistleblower legislation introduced by Chairman Waxman as H.R.
985 during the 110th Congress.
Although H.R. 985 was reported by the Committee
unanimously, I would like to take this opportunity to express
my concern about two specific provisions in the bill.
First, language was included by amendment during Committee
consideration that would allow for all circuits review of
federal employee whistleblower complaints. This was not
included in the bipartisan legislation approved by the
Committee last year and it was not included in the version of
H.R. 985 that was introduced, legislation that I cosponsored.
My concern is that, with this new language allowing federal
employees to appeal district court decisions to all circuits
rather than the Federal Circuit Court of Appeals, we will lose
any semblance of order regarding the consideration of federal
employee whistleblower claims by the courts. For example, by
allowing all appellate courts to hear appeals, a disclosure by
a Border Patrol agent in Texas could be protected by a
different set of standards than the disclosure of a Border
Patrol agent in Maine. As such, the potential for disparity is
worse than the disease this legislation is attempting to cure.
Second, language was included during Committee
consideration that would grant whistleblower protections to
those conducting federally funded research. My concern is that
this amendment would turn legitimate scientific disagreement
into a litigated personnel issue. Besides the fact that this
measure would likely serve to chill legitimate scientific
debate, I am not convinced that it belongs in a bill designed
to protect Federal workers who expose waste, fraud or abuse.
Tom Davis.
.
