Bills
| 3.23.22

Should a Program Letting Whistleblowers Appeal Decisions to Circuit Courts be Permanent? (H.R. 2229)

Do you support or oppose this bill?

What is H.R. 2229?

(Updated July 15, 2018)

This bill was enacted on July 7, 2018

This bill would allow federal employees to appeal cases related to whistleblowers decided by the Merit Systems Protection Board to any U.S. Circuit Court of Appeals with jurisdiction by making an expiring pilot program permanent. The Merit Systems Protection Board is responsible for investigating allegations of prohibited personnel practices — like the firing of a whistleblower — through its Office of Special Counsel.

Argument in favor

Federal employees should have the same appeal rights in whistleblower cases no matter what part of the country they live in, so it makes sense to allow them to appeal to their circuit court of jurisdiction.

Argument opposed

Federal employees involved in whistleblower cases should have to abide by the ruling of the Merit Systems Protection Board and not be able to appeal that decision to a U.S. circuit court.

Impact

Federal employees involved in whistleblower cases decided by the MSPB; and circuit courts.

Cost of H.R. 2229

The CBO estimates that enacting this bill would have an insignificant impact on the federal budget.

Additional Info

In-Depth: Sponsoring Rep. Elijah Cummings (D-MD) introduced this bill to ensure that federal whistleblowers have the same appeal rights as those who live in areas where the circuit court participates in the pilot program regardless where they live:

“I introduced the All Circuit Review Act to ensure that whistleblowers who live outside Washington have the same rights as those who live here, and the Committee’s actions today show that when we work together in a bipartisan manner, Congress can accomplish the kind of work our constituents sent us here to do.”

This legislation passed the House Oversight and Government Reform Committee on a voice vote, and has the support of one cosponsor — Rep. Blake Farenthold (R-TX).


Media:

Summary by Eric Revell

(Photo Credit: EHStock / iStock)