Date: 2010-12-22
Speaker: JACKSON LEE (democrat)
Chamber: H
State: Texas

Madam Speaker. I rise today in support of the S. 372. the "Whistleblower Protection Enhancement Act of 2010." S. 372 amends the Whistleblower Protection Act (WPA) and strengthens the rights and protections of Federal employees who come forward to disclose government waste. fraud. abuse. and mismanagement. The House has passed similar legislation on a bipartisan basis in 2007 and 2009. as an amendment to the Recovery Act. I am a staunch advocate for protecting Federal employees from retaliation when they come forward to disclose waste. fraud. abuse and mismanagement. Whistleblowers are among the most patriotic and conscientious Federal employees. They take great risks to make certain that our Federal Government is functioning properly and effectively for all taxpayers. They serve as indispensable guardians for the efficient use of taxpayer funds. This is an especially valuable service during this vital period of national economic recovery. Unhindered exposure of waste. fraud and abuse identifies expensive breakdowns in the functioning of our Federal Government while also preserving the Federal funds we require to effectively serve our citizens. In some instances. conscientious whistleblowers protect others from harm and actually save lives. So. we must protect these attentive Federal employees who expose systemic lapses and protect the integrity and proper functioning of our Federal Government. Discrimination and retaliation against Federal employees contravenes Federal law. puts the public at risk. and costs taxpayers millions of dollars. Retaliation and discrimination also breed a myriad of other costs that cannot be quantified in the toll exacted on the health. morale. and wellbeing of Federal employees who are entrusted to protect and serve our Nation. Federal managers and supervisors who engage in discriminatory conduct must be judiciously and expeditiously disciplined. S. 372. the "Whistleblower Protection Enhancement Act of 2010" enhances the protection of Federal employees. It restores Congress intent to protect an employee who makes any lawful disclosure of waste. fraud. abuse. or illegality. S. 372 addresses court decisions that have limited the protections Congress made available to Federal employees under the 1989 Whistleblower Protection Act. This legislation will improve the administration of justice. It will allow nonintelligence whistleblowers to bring their cases before a jury under certain circumstances. The current administrative system will be further strengthened by allowing a limited number of more complex whistleblower cases to be considered in Federal court by juries. The bill also will allow whistleblower appeals to be heard by the regional Federal appellate courts. This bill further expands upon the protections for Federal employees in additional necessary and meaningful ways. It extends whistleblower protections to employees at the Transportation Security Administration. It clarifies that whistleblowers may disclose evidence of censorship of scientific or technical information under the same standards that apply to disclosures of other kinds of waste. fraud. and abuse. It enhances protections for employees facing retaliation after refusing to violate the law or participating in an Inspector General investigation. This legislation will codify and strengthen rules that preempt agencies from issuing regulations or directives that interfere with whistleblower protections. I am also pleased to say. that for the first time. S. 327 will make compensatory damage awards available to whistleblowers. This is a key component in ensuring a whistleblower is made whole after suffering retaliation. This bill will also make it easier for the Office of Special Counsel to discipline agency managers who are found to retaliate against employees. It is my fervent expectation that this legislation will meaningfully advance our national integrity by deterring Federal managers from violating the civil rights and civil liberties of their fellow Federal workers. especially whistleblowers. I ask my colleagues to stand with me today and vote in favor of S. 327. The bill was ordered to be read a third time. was read the third time. and passed. and a motion to reconsider was laid on the table.