WPEA under the Spotlight: Savings Clause

WPEA under the Spotlight is a new running feature that will explore the provisions of the Whistleblower Protection Enhancement Act, currently being debated in Congress. This entry covers the savings clause section of Senate Committee Report No. 112-155, which accompanies S. 743RS.

Section by Section Analysis

Section 301—Savings Clause

This section provides a savings clause stating that the legislation shall not be construed to imply any limitation on any protections afforded by any other provisions of law to employees and applicants.

Section 302—Effective Date

This section states the Act would take effect 30 days after the date of enactment. The Committee expects and intends that the Act’s provisions shall be applied in OSC, MSPB, and judicial proceedings initiated by or on behalf of a whistleblower and pending on or after that effective date. Such application is expected and appropriate because the legislation generally corrects erroneous decisions by the MSPB and the courts; removes and compensates for burdens that were wrongfully imposed on individual whistleblowers exercising their rights in the public interest; and improves the rules of administrative and judicial procedure and jurisdiction applicable to the vindication of whistleblowers’ rights.

Note: Without additional language in the bill itself, the Savings Clause may not achieve Congress’ intent to apply it retroactively. See this for more information.