Date: 2015-07-21
Speaker: JACKSON LEE (democrat)
Chamber: H

Mr. Speaker. I make mention that we passed the No FEAR Act with a number of Members. As we have noted a number of whistleblowers who were actually Persons of the Year on Time Magazine. I join my colleagues in supporting the present underlying legislation and ask all Members to support this legislation. Mr. Speaker. I rise today as an original cosponsor and strong support of H.R. 1557. the "Federal Employee Antidiscrimination Act of 2015." I support this legislation because it ensures agencies effectively implement their Equal Employment Opportunity (EEO) programs and that federal employees are never prevented from disclosing discriminatory or wasteful actions to Congress. the Office of Special Counsel. or Inspectors General. Let me express my thanks to Ranking Member CUMMINGS for introducing this critical legislation that is essential to ensuring that our federal workplaces are free from discrimination. and that any barriers impeding fairness in personnel decisions are identified and eliminated. We have a history of addressing workplace equality and that is why I sponsored similar legislation when the No Fear Act was first introduced to Congress in 2002. The No Fear Act set the precedent for imposing additional duties upon Federal agency employers intended to reinvigorate their longstanding obligation to provide a work environment free of discrimination and retaliation. If you would allow me I would like to put a face on this problem. On October 2. 2000. the House Science Committee held a hearing entitled "Intolerance at EPAHarming People. Harming Science?" Dr. Marsha ColemanAdebayo. an EPA whistleblower. won a $600.000 jury decision against EPA for race and sex discrimination under title VII of the Civil Rights Act of 1964. During that hearing. thenchairman of the Science Committee Congressman SENSENBRENNER illuminated the dangerous precedent set by the EPA. stating. "While EPA has a clear policy on dealing with employees that discriminate. harass and retaliate against other EPA employees. no one apparently involved in the ColemanAdebayo or Nolan cases have yet to be disciplined by EPA." Mr. Speaker no employee should fear voicing their concerns in reference to a safer more work conducive environment. We often look at individuals or groups who step forward as whistleblowers. This term has been used with a negative connotation to describe insubordinate employees. but history has shown us that whistleblowers are often heroes that have shed light on employers illegal practices and as a result made the workplace better for future employees. Mark Felt. the FBI agent known as deep throat during the Watergate Scandal of the 1970s. Frank Serpico. New York police officer who confronted his department for the rampant corruption the leadership let take place. Jeffrey Wigand. a tobacco executive who admitted that tobacco companies knew they were putting addictive chemicals into their cigarettes. And Sherron Watkins. an executive of the Enron corporation who was vital in exposing the financial lies and frauds of the company. All these individuals stood up against wellestablished corporations and agencies even when others doubted their claims. We must protect these types of acts in Federal offices and successfully implement the Equal Employment Opportunity Programs (EEO). Mr. Speaker. in a sense every Member of Congress is a whistleblower for the people in that uncovering and correcting problems in the agencies that administer the laws is an essential part of our oversight responsibilities. According to the 2014 Federal Employee Viewpoint Survey. only 60 percent of federal employees agreed that they could quote. "disclose a suspected violation of any law. rule or regulation without fear of reprisal." We must do better and ensure employees have confidence that they can report an act of discrimination without suffering retaliation. Employees need to know that EEO reports will be thoroughly. fairly. and timely investigated and adjudicated. H.R. 1557 would require that EEO programs operate independently of an agencys human resources or general counsel offices. This bill requires the head of the program report directly to the head of an agency and the act would prohibit the use of nondisclosure agreements that restrict an employee from disclosing to Congress. the Office of Special Counsel. or instance of waste. fraud or abuse. As a senior member of the Committees on Homeland Security and the Judiciary. and as Ranking Member of the Judiciary Subcommittee on Crime. Terrorism. Homeland Security. and Investigations. I understand the importance of safe and discrimination free workplaces. In conclusion. let me express my appreciation again to Ranking Member CUMMINGS for introducing this legislation and Chairman CHAFFETZ for shepherding this bill to the floor. By strengthening existing requirements to ensure federal EEO programs meet high standards. we are implementing the best practices available to combat workplace discrimination.