59–006 

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.’’ 


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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.’’


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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. 

Æ 


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