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THE PUZZLE OF WHISTLEBLOWER PROTECTION
LEGISLATION: ASSEMBLING THE PIECEMEAL
CONNOR BERKEBILE*
I. INTRODUCTION
Corruption continues to exist in all aspects of society in the United States.'
Corruption harms society politically, economically, socially, and
environmentally.2 However, there exists a tool for combatting this corruption.
Three recent scientific studies concluded that whistleblowers, which will be
specifically defined later, are the most effective method for combatting
corruption.3 Indeed, there seems to be a modem trend toward more
whistleblowing, and the culture of the United States seems to view
whistleblowers in a more positive light. However, the legislative framework
under which whistleblowers operate must be examined.
Section II of this note provides all of the relevant historical and background
information. It examines the growing number of whistleblower reports and the
shift in societal views in favor of reporting. The section also creates a definition
for the term whistleblower for the purposes of this Note and the legislative
recommendation in Section V. It then proceeds to examine the levels of
corruption in the United States and the value of whistleblowers in the face of that
corruption. Finally, the section examines the federal whistleblower legislation
scheme currently in place in the United States, honing in on the protections
offered and the patchwork nature of the coverage. Section III of this note shifts
the focus to both foreign and international whistleblower legislation. Specifically,
the whistleblower protection law of Bosnia and Herzegovina is examined in
detail. Section IV of this Note analyzes the current federal whistleblower
legislation in the United States, pointing out its deficiencies and deciding whether
whistleblowers can operate effectively. The section also practices the comparative
law method, analyzing the differences between the United States and Bosnia and
Herzegovina. Section V of this note discusses the need for a more comprehensive
and unified whistleblower protection legislation, similar to that of Bosnia and
Herzegovina. The section argues for the passage of this legislation, the
establishment of a single federal agency designed to handle whistleblower reports
* J.D. Candidate, 2018, Indiana University Robert H. McKinney School of Law; B.S.,
Indiana University, 2014. The author would like to thank everyone who lent a hand in developing
this Note. The author also acknowledges the excellent work of the Centre for Democracy and Rule
of Law, which served as an inspiration for the topic.
1. Corruption Perceptions Index 2015, TRANSPARENCY INT'L, http://www.transparency.
org/cpi2015 (last visited Oct. 11, 2016) [https://perma.cc/R5GU-HY9R].
2. What is corruption?, TRANSPARENCY INT'L, http://www.transparency.org/what-is-
corruption/#costs-of-corruption (last visited Oct. 11, 2016) [https://perma.cc/VT8M-K7SV].
3. Proven Effectiveness of Whistleblowers, NAT'L WHISTLEBLOWERS CTR.,
http://1ib.ohchr.org/HRBodies/UPR/Documents/session9/US/NWCNationalWhistleblowersCe
nter Annex2.pdf [https://perma.cc/RLL6-B96L] (last visited Oct. 11, 2016).
http://doi.org/10.18060/7909.0054](ViewImageLocal?handle=hein.journals/iicl28&div=1&collection=&method=preview&ext=.png&size=3)
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