Just before returning home to their districts to campaign during Congress’ annual summer recess, two House committees took up their version of legislation that would extend whistleblower protection to employees of federal contractors and federal grantees, and further wall off whistleblowers from retaliation by nestling the machinery for whistleblowing in the offices of agency inspectors general — including at the Department of Energy.
H.R. 5920, sponsored by Rep. Elijah Cummings (D-Md.) and titled “to enhance whistleblower protection for contractor and grantee employees,” was introduced last Thursday in the House Armed Services House Oversight and Government Reform committees.
The bill seeks to make permanent an expiring whistleblower protection program established in 2013 and administered by agency inspectors general, and make it clear federal contractors and grantees may use the program. Supporters of the pilot program believe it is less complicated than existing, permanent whistleblower channels, which a Government Accountability Office report published July 14 found are so arcane that employees sometimes need to hire lawyers to help file complaints. The DOE inspector general, meanwhile, has said the pilot program is easy enough to navigate without retaining legal counsel.
With Congress out until September, and a contentious U.S. presidential election looming, it is uncertain when the bill might get a vote. Like all active legislation in Congress, the whistleblower bill has only until Jan. 3 to pass. After that, a new Congress will gavel in, all pending legislation from the previous Congress will be declared void, and any lawmaker who wants changes to existing whistleblower laws will have to introduce a new measure.
The House whistleblower bill is companion legislation to a Senate bill numbered S. 795 and sponsored by Sen. Claire McCaskill (D-Mo.). The bill passed the Senate unanimously in June.
