Whistleblower Protection Act of 1989
Public Law 101-12 · S. 20 · 101st Congress · began in the Senate
Signed by George H. W. Bush (R) on Apr 10, 1989 · Government Operations and Politics
Sponsor: Sen. Carl Levin (D-MI)
Cosponsors (32): Sen. Chuck Grassley, Sen. David Pryor,
Passage votesYeaNay
- HouseVoice vote
- SenateRecorded vote: 97 yea, 0 nay97–0
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
Whistleblower Protection Act of 1989 - Separates the Office of Special Counsel from the Merit Systems Protection Board. Empowers the Special Counsel to represent and act as legal counsel on behalf of employees alleging prohibited personnel practices, especially whistleblowers. Revises current law with respect to the Special Counsel to reflect its advocate status.
Authorizes the Board to grant protective orders to protect a witness or other individual from harassment either during a proceeding before the Board or during a Special Counsel investigation. Requires the Board, when it considers alternative places for conducting hearings or proceedings, to select the place closest to the location of the individual involved, unless the total administrative costs to the Government in conducting such hearings or proceedings would be less elsewhere.
Authorizes the Special Counsel to file a petition with the Board against an official for: (1) engaging in prohibited personnel practices; (2) violating a law within the jurisdiction of the Special Counsel; or (3) failing to comply with an order of the Board. Sets forth procedures for disciplining such officials.
Authorizes the Special Counsel to apply to the Board to enforce a court subpoena.
Prohibits the Special Counsel from intervening in cases without the employee's consent.
Prohibits the Special Counsel from providing information concerning any person making an allegation of a prohibited personnel practice without the consent of such person, except when necessary because of imminent danger to public health or safety or of imminent criminal act.
Prescribes procedures for the Special Counsel when disclosures are made by persons other than an employee, former employee, applicant for employment, or employee who obtained information in connection with official duties.
Requires the Special Counsel to report annually to the Congress on its activities.
Establishes requirements for the Special Counsel to make public certain information, including noncriminal matters.
Authorizes employees who have been adversely affected by a prohibited personnel practice to bring an action before the Board (instead of or in addition to taking such action to the Special Counsel).
Requires whistleblowers to show that their disclosure was a contributing factor in adverse actions against them in order to prove reprisal.
Authorizes Federal agencies to give preference in granting transfers to whistleblowers.
Provides interim relief for certain appellants to the Board.
Authorizes appropriations for the Merit Systems Protection Board for FY 1989 through 1994 and for the Office of Special Counsel for FY 1989 through 1992.
Who voted for it
Every senator of the 101st Congress on the ideology compass. Highlighted: the 97 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.
97 yea0 nay3 present or did not vote
Democrats who voted yea(54)
- Sen. Howard MetzenbaumD-OH
Sen. Ted KennedyD-MA- Sen. Quentin BurdickD-ND
- Sen. Brock AdamsD-WA
Sen. Barbara MikulskiD-MD- Sen. Paul SimonD-IL
- Sen. Alan CranstonD-CA
- Sen. James SasserD-TN
- Sen. Paul SarbanesD-MD
Sen. Patrick LeahyD-VT
Sen. Tom HarkinD-IA
Sen. Kent ConradD-ND- Sen. Tom DaschleD-SD
- Sen. Donald RiegleD-MI
- Sen. Dale BumpersD-AR
Sen. Robert ByrdD-WV- Sen. Daniel MoynihanD-NY
Sen. John KerryD-MA- Sen. Bill BradleyD-NJ
- Sen. David PryorD-AR
Sen. Frank LautenbergD-NJ- Sen. Timothy WirthD-CO
Sen. Jay RockefellerD-WV- Sen. Claiborne PellD-RI
- Sen. Spark MatsunagaD-HI
- Sen. George MitchellD-ME
Sen. Carl LevinD-MI
Sen. Herb KohlD-WI
Sen. Christopher DoddD-CT- Sen. Albert GoreD-TN
- Sen. Robert KerreyD-NE
Sen. Joseph BidenD-DE
Sen. Jeff BingamanD-NM
Sen. Daniel InouyeD-HI
Sen. Joseph LiebermanD-CT- Sen. Wendell FordD-KY
- Sen. John GlennD-OH
- Sen. Wyche FowlerD-GA
- Sen. Richard BryanD-NV
Sen. Max BaucusD-MT
Sen. Harry ReidD-NV- Sen. Dennis DeConciniD-AZ
- Sen. Fritz HollingsD-SC
- Sen. John JohnstonD-LA
- Sen. Lloyd BentsenD-TX
- Sen. John BreauxD-LA
- Sen. James ExonD-NE
- Sen. Bob GrahamD-FL
- Sen. Samuel NunnD-GA
- Sen. Charles RobbD-VA
- Sen. Alan DixonD-IL
- Sen. David BorenD-OK
Sen. Richard ShelbyD-AL- Sen. Howell HeflinD-AL
Republicans who voted yea(43)
- Sen. Jim JeffordsR-VT
- Sen. Mark HatfieldR-OR
- Sen. William CohenR-ME
- Sen. Robert PackwoodR-OR
- Sen. Henry HeinzR-PA
Sen. Arlen SpecterR-PA- Sen. David DurenbergerR-MN
- Sen. John ChafeeR-RI
- Sen. Alfonse D’AmatoR-NY
Sen. Ted StevensR-AK
Sen. Pete DomeniciR-NM
Sen. John WarnerR-VA- Sen. John DanforthR-MO
- Sen. Nancy KassebaumR-KS
- Sen. Larry PresslerR-SD
- Sen. Warren RudmanR-NH
- Sen. Robert KastenR-WI
- Sen. Pete WilsonR-CA
- Sen. Slade GortonR-WA
Sen. Thad CochranR-MS
Sen. John McCainR-AZ- Sen. Frank MurkowskiR-AK
- Sen. Alan SimpsonR-WY
Sen. Orrin HatchR-UT- Sen. William RothR-DE
Sen. Richard LugarR-IN
Sen. Kit BondR-MO
Sen. Mitch McConnellR-KY- Sen. Robert DoleR-KS
Sen. Chuck GrassleyR-IA- Sen. Conrad BurnsR-MT
- Sen. Strom ThurmondR-SC
Sen. Daniel CoatsR-IN
Sen. Trent LottR-MS- Sen. Phil GrammR-TX
- Sen. Connie MackR-FL
- Sen. Don NicklesR-OK
- Sen. James McClureR-ID
- Sen. Gordon HumphreyR-NH
- Sen. William ArmstrongR-CO
- Sen. Steven SymmsR-ID
- Sen. Malcolm WallopR-WY
- Sen. Jesse HelmsR-NC
Data notes
The Senate’s recorded vote on the final version of the law (roll call 24 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.
Committees
The record shows no committee referral for this bill.
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 11 actions.
- Apr 10, 1989Became lawBecame law · Became Public Law No: 101-12.
- Became lawBecame law · Signed by President.
- Apr 3, 1989PresidentPresident · Presented to President.
- Mar 21, 1989FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · On motion to suspend the rules and pass the bill Agreed to by voice vote.
- FloorFloor · On ordering a second Agreed to without objection.
- FloorFloor · Mr. Horton demanded a second on the motion to suspend the rules.
- FloorFloor · Mr. Sikorski moved to suspend the rules and pass the bill.
- Mar 16, 1989FloorFloor · Passed Senate with an amendment by Yea-Nay Vote. 97-0. Record Vote No: 24.Senate roll call 24
- FloorFloor · Measure laid before Senate by unanimous consent.
- Jan 25, 1989IntroducedIntroduced · Introduced in the Senate
Data notes
Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.
Official record
The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.