SPACE Praises Congress for New Whistleblower Law

The Government Accountability Project today applauded Congressional action from recently that closed a technical, but substantial, loophole in whistleblower law. On May 26, the Senate by consentaneous permission followed House approval and passed the Follow the Rules Act. Almost enacted last Congress, the legislation safeguards those who decline orders to breach company guidelines and guidelines.

As part of the Whistleblower Protection Act (WPA) in 1989, Congress produced 5 USC 2302(b)( 9)( D), that made it restricted workers practice to take a workers action versus a staff member for choosing not to breach the law. Paradoxically, nevertheless, the right was shrunken as negative effects of the Supreme Court’s 2016 whistleblower triumph, Department of Homeland Security v. MacLean, when the Court chose not to let company guidelines and guidelines cancel whistleblower rights that just can be limited “by law,” describing that in the WPA, “law” describes statutes gone by Congress and signed by the president.

In a subsequent case, the United States Merit Systems Protection Board (MSPB) ruled versus State Department worker Timothy Rainey for choosing not to breach Federal Acquisition Regulations (FAR) on premises that FAR is not a statute. The brand-new costs, initially presented by Rep. Sean Duffy (R.-WI) closes the loophole by including “guideline or policy” after “law.”