Sunday, March 14, 2010

Whistleblower Protection Enhancement Act of 2009 - When Does Persecution of Whistleblower Really END?

Click Here for An Overview of the Whistleblower Protection Act.

"" The Whistleblower Protection Act: An Overview Summary

This report discusses the federal statutory protections contained within the
Whistleblower Protection Act (WPA) for federal employees who engage in
whistleblowing,” that is, making a disclosure evidencing illegal or improper
government activities.

The protections of the WPA apply to most federal executive branch employees and become applicable where a “personnel action” is taken “because of” a “protected disclosure” made by a “covered employee.” Generally, whistleblower protections may be raised within four forums or proceedings: (1) employee appeals to the Merit Systems Protection Board of an agency’s adverse action against an employee, known as “Chapter 77” appeals; (2) actions instituted by
the Office of Special Counsel; (3) individually maintained rights of action before the Merit Systems Protection Board (known as an individual right of action, or IRA); and
(4) grievances brought by the employee under negotiated grievance procedures.

On March 9, 2007, the House Committee on Oversight and Government Reform reported H.R. 985 (110th Cong.) H.Rept. 110-42, the Whistleblower Protection Enhancement Act of 2007, which would amend the WPA by providing protections for certain national security, government contractor, and science-based agency whistleblowers, and by enhancing the existing whistleblower protections for all federal employees.

Whistleblower Protection Act:
An Overview
Introduction and Background
The Whistleblower Protection Act (WPA) provides statutory protections for federal employees who engage in “whistleblowing,” that is, making a disclosure evidencing illegal or improper government activities. The protections of the WPA apply to most federal executive branch employees and become applicable when a “personnel action” is taken “because of” a “protected disclosure” made by a “covered employee.” Generally, whistleblower protections may be raised within four forums or proceedings: (1) employee appeals to the Merit Systems Protection Board of an agency’s adverse action against an employee, known as “Chapter 77” appeals; (2)
actions instituted by the Office of Special Counsel; (3) individually maintained rights of action before the Merit Systems Protection Board (known as an individual right of action, or IRA); and (4) grievances brought by the employee under negotiated grievance procedures.

When Congress first enacted the Whistleblower Protection Act (WPA) in 1989, it stated that the intent of the legislation was to: strengthen and improve protection for the rights of Federal employees, to prevent reprisals, and to help eliminate wrongdoing within the Government by — (1) mandating that employees should not suffer adverse consequences as a result of
prohibited personnel practices; and (2) establishing ... that while disciplining those who commit prohibited personnel practices may be used as a means by which to help accomplish that goal, the protection of individuals who are the subject of prohibited personnel practices remains the paramount consideration.

1 The operative statutory protections of the WPA are embodied in its definition of “prohibited personnel practices”: § 2302. Prohibited personnel practices (b) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority — ... (8) take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee or applicant for employment because of — (A) any disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences — (i) a violation of any law, rule, or regulation, or (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, if such disclosure is not specifically prohibited by law and if such information ....""

Source and Ful Article
http://www.fas.org/sgp/crs/natsec/RL33918.pdf

Still Shocking to me, I am seeing so many Whistleblowers persecuted, set up and harassed... and yet this Law is Suppose to be in place as other Whistleblower Protection Laws... I just Don't See it.. All I See is the Need to Shut up Whistleblowers... and then Call America a Free Country..
NOT...