Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and insert extraneous material on the bill before us today. Mr. Chair, I yield myself such time as I may consume. I…
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and insert extraneous material on the bill before us today.
Mr. Chair, I yield myself such time as I may consume.
I rise in strong support of H.R. 2988, the Whistleblower Protection Improvement Act of 2021. In May 2021, I introduced the Whistleblower Protection Improvement Act, along with Representative Nancy Mace, ranking member of the Civil Rights and Civil Liberties Subcommittee.
Federal whistleblowers serve a critical role by shedding a light on government corruption, waste, fraud, and abuse and wrongdoing, often through reporting such actions to Congress. Their disclosures protect taxpayers' dollars, improve Federal programs, and even save lives. Unfortunately, the Oversight Committee has seen too many examples of employers retaliating against whistleblowers. In one instance, the TSA, the Transportation Security Administration, that provides security at airports, moved an airport employee hundreds of miles away to a new duty station when they revealed security flaws at the TSA at the airports.
In another troubling example, a White House supervisor moved files beyond the reach of a disabled employee after the employee disclosed violations of security clearance procedures.
A GAO report earlier this year also revealed that employees at four scientific research agencies did not report instances of political interference in scientific decisionmaking out of fear of retaliation and uncertainty of how to best voice their concerns.
As these examples make clear, whistleblowers often make disclosures at great personal risk. That is why protections for whistleblowers have long received bipartisan support in this Congress. I thank my colleagues, including Representative Mace, for continuing that tradition today.
The Whistleblower Protection Improvement Act would enact long-overdue reforms to protect whistleblowers from retaliation to the greatest extent possible, and to provide meaningful remedies if whistleblowers still encounter retaliation.
The bill would prohibit agencies from launching retaliatory investigations against employees who blow the whistle and would limit the public disclosure of a whistleblower's identity.
The bill would also provide Federal whistleblowers with faster legal recourse for retaliation claims and would allow them to have their claims tried before a jury in a Federal District Court. Access to jury trials has long been a priority of whistleblower advocates.
The last major reform to whistleblower protection was in 2012. I am proud to continue this important bipartisan effort to protect whistleblowers today.
The bill we are considering also clarifies that whistleblowers who prevail are entitled to recover attorney's fees and to receive the necessary relief to make them whole.
Finally, the bill would make clear that no Federal employee, including the President or the Vice President of the U.S., may interfere or retaliate against a whistleblower for disclosing information to Congress.
The Whistleblower Protection Improvement Act has received public support from more than 100 stakeholder organizations, including the Government Accountability Project, the National Taxpayers Union, the Project on Government Oversight, the Taxpayer Protection Alliance, and Whistleblowers of America.
Mr. Chair, I include in the Record a letter of support from 100 different organizations.
July 14. 2022.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Dear Speaker Pelosi: During the last month, our nation has
been fixated on evidence about threats to our democracy
exposed in the January 6 Select Committee hearings. The
undersigned organizations commend your leadership creating
the January 6 Committee for exposing the truth. The
undersigned organizations now seek your leadership protecting
those who provide the evidence.
The Committee on Oversight and Reform has marked up HR
6762. the Whistleblower Protection Improvement Act (WPIA).
The legislation deserves floor time for a House vote so that
we can highlight its passage on July 30. 2022, National
Whistleblower Appreciation Day. The House has voted for this
reform in the Protect Our Democracy Act. but Senate action
requires standalone legislation.
The WPIA would be the fifth generation of pioneering
whistleblower rights first passed in 1978. These rights have
been excellent global pacesetters that Congress unanimously
has reaffirmed three time since 1978, the last in the
Whistleblower Protection Enhancement Act of 2012. The two
Achilles heels, however, have been loopholes and lack of
credible due process enforcement.
Those problems only have become worse since 2012. For
example, the administrative Merit Systems Protection Board
has a monopoly on enforcement. but its vulnerability to
political pressure blocked confirmations and led to an empty
Board with a 3,500 case back log. Lacking judicial
independence, its Administrative Judges who conduct hearings
rule against whistleblowers in over 95% of initial merits
decisions.
The WPIA addresses both the loopholes and due process gaps
by providing parity for federal civil service employee
whistleblower rights with those enacted by Congress 16 times
in each or 17 private sector whistleblower law enacted since
2002. To illustrate it would--
Permit jury trials if there is no timely administrative
decision. This would take the politics out of
whistleblowerjustice for federal employees the nation's only
major labor group denied a day in court to challenge
violation of their free speech rights despite making the
disclosures most significant for voters.
Permit lawsuits when retaliatory investigations are opened.
Investigations are a kneejerk first reaction to find any dirt
on whistleblowers that will distract from government fraud,
waste and abuse. As long as a probe is open, it has a broad
chilling effect even if later dropped. This key provision
would establish parity with all other whistleblower laws,
even the Military Whistleblower Protection Act.
Establish realistic legal burdens to obtain temporary
relief. Temporary relief is almost never available under
current law and is essential when cases commonly drag out
over five years. By that time, even winning may be too late
for those who have lost their homes, gone bankrupt frequently
lost their families and had their professional deputations
irrevocably ruined.
Close loopholes that erase the law's benefits. Currently,
Public Health Service (PHS) whistleblowers are excluded from
the Whistleblower Protection Act and limited to military
remedies, as are employees of the National Oceanic and
Atmospheric Agency (NOAA). However, these are the
professionals from whom we need the truth about public health
threats like the pandemic and environmental threats like
climate change. Loopholes in remedies mean that
whistleblowers still can ``lose by winning.'' The WPIA fills
these and similar gaps.
This legislation is a political opportunity supported by
86% of likely voters in a Marist Poll survey just before the
last election, and more than 265 organizations across the
issue and political spectrum have already expressed support
for its passage. It extends the same rights to federal
employees defending the public that Congress repeatedly has
provided to corporate employees defending the shareholders.
We need your leadership, so that those who defend the public
can defend themselves.
Sincerely,
20/20 Vision DC, Academics Stang Against Poverty,
Accountability Lab, Affiliation of Christian Engineers,
African Centre for Media & Information Literacy, Alliance to
Counter Crime Online, American Association for Justice,
American-Arab Anti-Discrimination Committee (ADC), Animals
Are Sentient Beings Inc, Arab American Institute, Bekker
Compliance Consulting Partners, LLC, Blueprint for Free
Speech, Broward for Progress, Center for Auto Safety, Center
for Progressive Reform, Center for Science in the Public
Interest (CSPI), Citizens for Responsibility and Ethics in
Washington (CREW) Citizens' Environmental Coalition, Clean
Elections Texas, Climate Science Legal Defense Fund.
Columbia Legal Services, Community Science Institute, Inc.,
Concerned Citizens for Nuclear Safety, Consumer Action, Cook
Inletkeeper, Corruption kills, Council for a Livable
World, Demand Progress, DemCast USA, Dr. Yolanda Whyte
Pediatrics, Equal Justice Society, Federally Employed
Women, Fight for the Future, Food & Water Watch, Forest
Service Employees for Environmental Ethics, Government
Accountability Project, Government Information Watch,
Harrington Investments, Inc., Human Environmental and
Leadership Prevalent Center (HELP Center), Indivisible
Santa Fe.
Information Trust, International Association of
Whistleblowers (IAW), International Fund for Animal Welfare,
Iowa Institute for Public Accountability, Jacobs Institute of
Women's Health, Law Enforcement Action Partnership (LEAP),
League of Conservation Voters, Liberty Shared, Mainers for
Accountable Leadership, Mehri & Skalet PLLC, Michiganders for
Fair & Transparent Elections, Muslim American Law Enforcement
Association, National Air Disaster Foundation, National
Coalition Against Censorship, National Employment Law
Project, National Organization for Women, National
Whistleblower Center, NETWORK Lobby for Catholic Social
Justice, No Violence.org, Open
MIC (Open Media and Information Companies Initiative).
Open The Government, Oregonizers, Pax Christi USA, People's
Parity Project, Project Censored and Media Freedom
Foundation, Project On Government Oversight (POGO), Protect
All Children's Environment, Protect Democracy, Public
Citizen, Public Employees for Environmental Responsibility
(PEER), Public Justice Center, Restore The Fourth, Robert F.
Kennedy Human Rights, Rock the Vote, RootsAction.org, Rural
Coalition, Secure Elections Network, Shriver Center on
Poverty Law, Society of Professional Journalists, Strategies
For Justice, BWMP LLC.
Taxpayers Protection Alliance, The Center for International
Policy, The Coalition For Change Inc. (C4C), The Digital
Democracy Project, The Ecotopian Society, The Freedom BLOC,
The James Madison Project, The Revolving Door Project, The
Rutherford Institute, The Signals Network, The Vindman Group,
The Workers Circle, Transparency International--U.S. Office,
Truckers Justice Center, Tully Center for Free Speech,
Syracuse University.
Union of Concerned Scientists, Washington Coalition for
Open Government, Washington Lawyers' Committee for Civil
Rights and Urban Affairs, Washington Office on Latin America
(WOLA), WESPAC Foundation, Inc., Whistleblower Network News,
Whistleblowers of America, WhistleblowersUK, Wind of the
Spirit Immigrant Resource Center, Women's International
League for Peace and Freedom US, Women's Action for New
Directions (WAND), Workplace Fairness, X-Lab.
Mr. Chair, I strongly urge my colleagues on both sides of the aisle to support this bill and to support the heroes and heroines who disclose wrongdoing and corruption in our government, leading to reforms to make our government stronger and better able to serve the American people.
Mr. Chair, I reserve the balance of my time.
Mr. Chair, I yield 2 minutes to the gentleman from Virginia (Mr. Connolly), the distinguished chairman of the Subcommittee on Government Operations.
Mr. Chair, I yield 2 minutes to the gentlewoman from the District of Columbia (Ms. Norton), the distinguished chairwoman of the Committee on Transportation and Infrastructure's Subcommittee on Highways and Transit.
Mr. Chair, there are no more speakers, and I am prepared to close if my colleagues on the Republican side are ready to close, as well.
Mr. Chair, I reserve the balance of my time.
Mr. Chair, I yield myself the balance of my time.
Mr. Chair, this bill does not prohibit agencies from investigating actual misconduct. It merely prohibits launching an investigation as retaliation for blowing the whistle.
When an agency becomes aware of a disclosure of waste, fraud, and abuse, the concern of the agency should be addressing those issues rather than retaliating against the employee who discloses the problems.
This change fills a critical role created by the 2020 appeals court decision that held that current whistleblower laws only prohibit a retaliatory investigation if the investigation ultimately resulted in a significant change in the employee's working conditions. This decision ignored the effect that a retaliatory investigation has on a whistleblower when an investigation is going on. So, I disagree with the gentleman's statement, and I am now prepared to close.
Mr. Chair, I want to stress the urgency and importance of this legislation and talk about how important it is to protect our whistleblowers.
They play a critical role in exposing wrongdoing within the government, sometimes at great personal risk. They need to be able to alert agency leaders and Congress without fear of retaliation.
Passing H.R. 2988 would help give whistleblowers the protection they deserve. The key reforms in the bill would prohibit agencies from launching retaliatory investigations and extend whistleblowers the right to a jury trial, which they have long sought, and permit whistleblowers to receive attorney fees if they win their lawsuits.
This bill establishes new protections for whistleblowers who have a crucial role in shedding light on government corruption and wrongdoing.
This bill is also strongly supported by well over 100 stakeholder organizations. Just today, the National Taxpayers Union announced its inclusion of this bill as one of its ``No Brainers'' list for bills that Congress should pass. Only a few bills receive this kind of recognition. This is landmark legislation, both for freedom of speech and for government accountability.
I thank my colleagues on both sides of the aisle who have cosponsored this important legislation and spoken in support of it. Mr. Chair, I strongly urge my colleagues to vote in favor of this bill.
Mr. Chair, I yield back the balance of my time.
Mr. Chair, pursuant to House Resolution 1339, I offer amendments en bloc.
Mr. Chair, I rise to offer amendments en bloc.
The amendment offered by Congresswoman Katie Porter would require inspectors general to report in their semiannual reports the number of times their office was not able to resolve a whistleblower retaliation complaint within 8 months of receiving that complaint. This requirement ensures that inspectors general are promptly investigating whistleblower retaliation complaints.
The next amendment, offered by Congressman Jake Auchincloss, would require the Government Accountability Office to examine and report on whistleblower protection actions, including the timeliness with which the Merit Systems Protection Board issues rulings on whistleblower complaints, how often individuals choose a jury trial, and recommendations to improve the claim review process.
This requirement evaluates whether the whistleblower review process is effective and identifies areas for improvement.
The amendment offered by Congresswoman Sheila Jackson Lee would require inspectors general to maintain a mechanism to receive anonymous whistleblower reports. In certain instances, this offers the protection and comfort a whistleblower needs to report government abuses and corruption.
The next amendment, offered by Congresswoman Abigail Spanberger, would enable whistleblowers, outside the intelligence community, to appeal adverse security clearance actions to the Merit Systems Protection Board.
Mr. Chair, I urge my colleagues to adopt this commonsense package of amendments, and I reserve the balance of my time.
Mr. Chair, I yield 2 minutes to the gentlewoman from Texas (Ms. Jackson Lee), the distinguished chairwoman of the Committee on the Judiciary Subcommittee on Crime, Terrorism and Homeland Security.
Mr. Chair, I yield 2 minutes to the gentleman from Massachusetts (Mr. Auchincloss), the vice chair of the Committee on Transportation and Infrastructure Subcommittee on Coast Guard and Maritime Transportation.
Mr. Chair, I am prepared to close, and I reserve the balance of my time.
Mr. Chair, I yield myself the balance of my time.
The underlying bill is both landmark legislation for freedom of speech and for government accountability. I strongly urge my colleagues to vote in favor of this landmark legislation, and I yield back the balance of my time.
Mr. Chair, I move that the committee now rise.
I withdraw my motion.
Mr. Chair, I demand a recorded vote.
Mr. Chair, I move that the Committee do now rise.