Whistleblower, ethics measures advance in House

A House panel on Wednesday approved whistleblower and executive branch ethics bills, advancing them to the stage where they stalled in last year's Republican-controlled Congress.

The House Oversight and Government Reform Committee approved both the Whistleblower Protection Enhancement Act (H.R. 985) and the Executive Branch Reform Act (H.R. 984) following markup sessions.

Much like similar language that passed the committee last year, the whistleblower bill would extend protections to scientific, intelligence and transportation security employees and require officials to investigate the possible use of security clearance revocations as retribution for disclosing potential waste, fraud and abuse. The committee passed an amendment by Rep. Chris Van Hollen, D-Md., that would expand the courts in which whistleblower cases can be tried from those in the federal circuit to those in all circuits.

It is widely expected that such a change would result in more decisions in favor of federal employees who raise concerns.

A second amendment would expand the damages that can be awarded to a successful litigant to include compensatory damages such as attorney and expert witness fees.

The measure also requires approval by the House Armed Services Committee, which has jurisdiction over a provision that would extend the whistleblower shield to military contractors. A committee spokeswoman said the measure has not been scheduled for markup.

A comparable Senate bill, the Federal Employee Protection of Disclosures Act (S. 274), awaits consideration by the Senate Homeland Security and Governmental Affairs Committee. It was sponsored by several committee members, and is nearly identical to legislation passed during the last two sessions of Congress. A staff member said Thursday that a markup of that bill has yet to be scheduled.

The House committee on Wednesday also passed legislation that would restrict "revolving door" employee movement between agencies and industry, and require senior officials to report meetings with lobbyists and others seeking to influence government actions.

Those issues have been particularly prominent at the Defense Department. In a high-profile scandal, Darleen Druyun, a senior Air Force procurement official, secured jobs for herself and family members with Boeing Co. while negotiating agency contracts with the company. She was sentenced to nine months in prison, getting out in September 2005.

A year ago, a provision that would have partially addressed the revolving door issues by requiring that contractors identify former Pentagon officials who join their staffs was quietly removed from the Defense Authorization bill in a House-Senate conference. The Senate had passed the measure unanimously.