[Congressional Record (Bound Edition), Volume 153 (2007), Part 21]
[Extensions of Remarks]
[Page 29143]
[From the U.S. Government Publishing Office, www.gpo.gov]




      THE PRIVATE SECTOR WHISTLEBLOWER PROTECTION STREAMLINING ACT

                                 ______
                                 

                          HON. LYNN C. WOOLSEY

                             of california

                    in the house of representatives

                       Thursday, November 1, 2007

  Ms. WOOLSEY. Madam Speaker, employees who expose illegal practices 
benefit us all. But when they blow the whistle, they are often 
retaliated against. They are demoted, lose their jobs, and are 
blacklisted. Congress has established broad protections for Federal 
government employees and contractors who speak out. But when it comes 
to the private sector, there are large gaps in coverage.
  Last spring, the Subcommittee on Workforce Protections, which I 
chair, held a hearing on private sector whistleblowers. What we heard 
at the hearing made it clear that these brave employees who put their 
jobs and lives on the line by coming forward to report violations of 
the law need more protection.
  The Private Sector Whistleblower Streamlining Act of 2007 is designed 
to fill the gaps for private sector whistleblowers. First, it 
establishes whistleblower protections for workers who report violations 
of Federal law related to health and health care, environmental 
protection, food and drug safety, consumer protection, transportation 
safety, working conditions and benefits, energy, homeland and community 
security, building and construction-related requirements and financial 
transactions.
  Second, it provides for reinstatement, compensatory damages, and in 
egregious cases, punitive damages for workers who have been retaliated 
against. In addition, the bill requires that the same well-tested 
principles used in determining whether or not a complaint is valid for 
Federal employees and contractors (and some private sector employees) 
who blow the whistle is used for private sector workers.
  Third, the Act establishes a new office within the Department of 
Labor, which will be dedicated solely to administering whistleblower 
complaints. Following an investigation by this office, the Act provides 
an opportunity for hearings before a Department of Labor administrative 
law judge and final review by the Office of the Secretary. Complainants 
would also have the right to take their cases to court.
  Since the substantive whistleblower protections under OSHA and MSHA 
are well-established, the Act takes a different approach for those who 
blow the whistle on safety and health violations. Procedurally, the 
Miner Act functions at an acceptable level, but the procedures of the 
OSHA Act badly need an overhaul. So the Streamlining Act would provide 
complainants under the OSHA Act with the same hearing, final review, 
and court opportunities as for others. For practical reasons, it would 
leave the initial investigations to OSHA.
  Finally, the bill requires the National Academies to study why some 
persons or communities are reluctant to step forward and report illegal 
violations.
  We want to encourage workers to come forward and report violations of 
law. The Private Sector Whistleblower Streamlining Act of 2007 will 
make it easier for them to do so.

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