Mr. Chairman, I yield myself such time as I may consume. It is a pleasure to share this debate with Congressman Carney and to know that former Chairman Davis, now ranking member, and former Ranking Member Waxman, now chairman, have worked…
Mr. Chairman, I yield myself such time as I may consume.
It is a pleasure to share this debate with Congressman Carney and to know that former Chairman Davis, now ranking member, and former Ranking Member Waxman, now chairman, have worked so closely together. And tremendous kudos to Todd Platts for the work that he has done on this legislation. This is a bipartisan effort for a very real reason, whistleblowers need this protection.
All Federal employees are ethically bound to expose violations of law, corruption, waste, and substantial danger to public health or safety. But meeting that obligation to ``blow the whistle'' on coworkers and superiors has never ever been easy.
Breaking bureaucratic ranks to speak unpleasant and unwelcome truths takes courage and risks involving the wrath of those with the power and motive to shoot the messenger. Yet seldom in our history has the need for the whistleblower's unfiltered voice been more urgent, particularly in the realms of national security and intelligence. Extraordinary powers needed to wage war on our enemies could, if unchecked, inflict collateral damage on the very rights and freedoms we fight to protect.
The use of expansive executive authority demands equally expansive scrutiny by Congress and the public. One absolute essential source of information to sustain that oversight is whistleblowers.
But those with whom we trust the Nation's secrets are too often treated like second-class citizens when it comes to asserting their rights and responsibilities to speak truth to power. Exempted from legal protections available to most other Federal employees under the Merit System Protection Board, referred to as the MSPB, national security whistleblowers must traverse a confusing maze of inconsistent regulations and procedures that too often afford them far less process than is due.
The legislation before us today takes the important step of creating a procedure for whistleblowers handling sensitive national security information, to have their claims investigated and adjudicated on a timely basis. These claims would be investigated by the agency Inspector General, as they are now, who will keep all classified information secure, while providing a fair and independent mechanism for investigation and adjudication. Should the Inspector General, and we have an Inspector General in each of these agencies, not reach a timely decision, or the employees wish to appeal, our legislation allows the appropriate Federal Circuit Court to hear the case.
This new approach will give these employees effective protection, while at the same time ensuring sensitive and classified information stays secure.
While I believe an amendment to bring the Department of Homeland Security intelligence-related employees under the same provisions as employees of intelligence agencies such as the CIA or FBI should have been made in order, I am grateful we are finally moving legislation that will allow employees who have faced whistleblower retaliation to get on with their lives.
I also believe suspension or revocation of a security clearance has the same chilling effect as demotion or firing, but clearance actions are virtually unreviewable. Those with whom we trust the Nation's secrets should not be second-class citizens when it comes to asserting their rights and obligations to speak truth to power. Employees should never face termination or harassment for acting courageously to identify improprieties in the workplace, especially when their observations could help improve safety or eliminate waste, abuse or fraud.
Another important step this legislation takes is to expand whistleblower protections to Transportation Security Administration, TSA, screeners for the first time, and that is why the Homeland Security Committee has been given time for this debate. TSA baggage screeners currently do not have whistleblower rights, and this bill will extend to screeners the same protections that all other Department of Homeland Security employees enjoy.
With the full whistleblower protections of this bill, TSA workers could report violations of law, mismanagement, waste, abuse of authority, or dangers to public health and safety, including those regarding or relating solely to homeland or national security.
The bottom line is with more power to the executive branch must come more oversight. That is why I strongly support this legislation. I think that is why this legislation is strongly supported on both sides of the aisle.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, when you give the administration of any party the kind of powers we need to give an administration today, you have to have a strong whistleblower statute, a strong civil liberties board, and aggressive congressional oversight. There are two inconvenient truths we need to deal with, in society today. One is what Al Gore talks about: the environment, and national security issues related to the environment.
Another inconvenient truth is what the 9/11 Commission points out to us, that we are confronting deadly radical Islamist terrorism. And that requires stronger statutes to deal with it.
We had an attempt in the late eighties by the first President Bush to have a workable whistleblower statute. That statute was eroded by the Federal Court in D.C. We saw the Clinton administration try to strengthen it in 1994, and again it was weakened by the courts. This is another attempt to strengthen this statute.
We have a weakness in our whistleblower statute that we must address. And it is being addressed on a bipartisan basis.
We have a Merit System Protection Board that deals with everyone outside of the intelligence community, but it doesn't render decisions soon enough. We are requiring that decisions be rendered within 180 days. If not, a whistleblower can go to court. And we now allow whistleblowers to appeal decisions they disagree with.
But we have had a more serious problem. This is the area of concern relating to the intelligence community. Whistleblowers have had to go to their own individual Inspector Generals. The Inspector Generals follow different practices. We are now making sure those practices conform to the Merit System Protection Board practices.
The biggest challenge was when you take away someone's security clearance, it is like telling a bus driver you don't have a license to drive a bus. You make that whistleblower meaningless to the agency, and it is a huge disincentive to speak out.
We are not saying that can't be taken away in this legislation. We are saying it needs to be studied by the GAO. But what we are also doing is giving the employee the right to go to court within 180 days if a decision isn't rendered, and to have that same ability to make sure their case is heard if they disagree with the decision.
I can't say how strongly enough I support this legislation. This legislation, which passed the committee last year has been improved this year. But, again, I want to say, Mr. Platts, you deserve a tremendous amount of credit for what you have done and I congratulate my colleagues on the other side of the aisle for bringing this legislation up so quickly.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I thank my colleague for his presentation, and I yield back the balance of my time.