Home Legislative Action Congressional Testimony Protecting the Public from Waste, Fraud and Abuse: The Whistleblower Protection Enhancement Act of 2009

Protecting the Public from Waste, Fraud and Abuse: The Whistleblower Protection Enhancement Act of 2009

5/14/2009

Committee on Oversight and Government Reform

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Chairman Towns and members of the Committee on Oversight and

Government Reform, I am proud today to express the strong support of the

National Treasury Employees Union (NTEU) for H.R. 1507, the Whistleblower

Protection Enhancement Act of 2009. I commend you, Mr, Chairman, for holding

this important hearing. NTEU is most grateful to Representative Chris Van

Hollen (D-MD) for sponsoring this legislation along with you, Mr. Chairman,

Representatives Platts, Maloney and the other co-sponsors.

NTEU has a long history of supporting comprehensive whistleblower rights

and has been working in coalition with numerous national whistleblower

advocacy groups to get the best legislation possible toward securing, maintaining

and protecting the free speech rights of federal workers. Whistleblowers perform

a vital function in highlighting instances of waste, fraud, abuse, and

mismanagement in the federal government and by government contractors.

This bill would strengthen whistleblower protections for federal employees,

including those in the national security arena and the thousands who work for the

Transportation Security Administration (TSA). While this bill is important for all

federal employees, the coverage of TSA workers is of particular importance and

need.

Making sure federal employees are protected from retaliation—and have

available to them meaningful ways to exercise those rights—are particularly

important in today’s economic climate. The best protection taxpayers have to

ensure their money is being spent appropriately is the ability and willingness of

federal employees to step forward when they see instances where that is not the

case. This legislation will help ensure that federal employees who do report

instances of fraud, waste and abuse are appropriately protected

This legislation is now needed more than ever with the Obama

administration’s focus on restoring the public’s faith in government and

transparency of government operations. These enhanced whistleblower rights

are essential for the success of the federal stimulus program passed by

Congress and signed by the President.

The measure the Committee is considering today is the first major reform

of federal whistleblower laws in 18 years and cures numerous weaknesses in

existing law by:

• creating procedures for federal employee whistleblowers to have

their cases heard in federal court and allowing all circuits of the

appellate courts to review whistleblower cases;

• closing the loopholes which have prevented national security

whistleblowers from obtaining protections; and

• legislatively overturning the Supreme Court’s Garcetti v. Ceballos

decision, which prevented government whistleblowers from

obtaining first amendment protection when they reported concerns

“internally” through their chain of command.

It is essential this legislation retain the important provision regarding TSA

employees. NTEU cannot support this bill without it. NTEU includes in our

membership thousands of TSA workers who lack many of the basic rights and

protections other federal employees enjoy. This is a critical matter not only for

them, but for the traveling public whose daily safety and security rests in their

hands. The legislation would extend whistleblower protections to employees at

the Transportation Security Administration. TSA employees currently have limited

whistleblower protections yet are charged with the frontline security of the U.S.

aviation industry. It is clear that employees with such important responsibilities

need adequate protections when reporting serious issues that may impair the

ability of the agency to live up to its mission.

Mr. Chairman, I thank the Committee for this opportunity to present our

union’s views.