[Congressional Record (Bound Edition), Volume 158 (2012), Part 11]
[Extensions of Remarks]
[Page 14964]
[From the U.S. Government Publishing Office, www.gpo.gov]




          S. 743, THE WHISTLEBLOWER PROTECTION ENHANCEMENT ACT

                                 ______
                                 

                        HON. ELIJAH E. CUMMINGS

                              of maryland

                    in the house of representatives

                       Friday, September 28, 2012

  Mr. CUMMINGS. Mr. Speaker, I rise in strong support of the 
Whistleblower Protection Enhancement Act. This bill will significantly 
expand the protections available to government whistleblowers. 
Whistleblowers risk their careers to challenge abuses of power and the 
mismanagement of government resources. Protecting the rights of 
whistleblowers is critical for rooting out waste and fraud within the 
government.
  I applaud the leadership and commitment of all of the Members of 
Congress and the advocates who have worked on this legislation. The 
bill we are considering today was introduced by Senator Akaka. This 
bill should be a proud addition to his legacy as he closes out his long 
and distinguished career in Congress. Congressman Todd Platts and 
Congressman Chris Van Hollen also deserve credit for getting us here 
today. They have both worked to find a bipartisan path forward on this 
bill. I also want to thank Chairman Darrell Issa for working with me 
and the other Members to get this bill to the House floor.
  Here are just a few of the ways this bill strengthens current law. 
This bill will protect all lawful disclosures of waste, fraud, and 
abuse. Court decisions have narrowed the scope of protected disclosures 
in a way that the Office of Special Counsel says handcuffs it in its 
efforts to protect whistleblowers. For example, federal employees are 
currently not protected for blowing the whistle in the course of their 
job duties. This bill closes that loophole so that federal auditors and 
safety inspectors will be protected when they blow the whistle.
  This bill provides whistleblower protections to Transportation 
Security Administration employees. Current law leaves TSA employees 
unprotected. Giving Transportation Security Officers the same 
protections as other federal employees will encourage the disclosure of 
issues that may threaten the safety of our airports.
  Under this bill, whistleblowers can appeal a decision of the Merit 
Systems Protection Board to any federal court of appeals. Currently, 
all appeals go to the Federal Circuit Court of Appeals which has 
consistently misinterpreted the intent of Congress with regard to the 
Whistleblower Protection Act.
  This bill also protects government scientists for disclosures about 
agency censorship or other problems with the integrity of the 
scientific process.
  This bill does a lot of good things but I will be honest. The bill 
that we are considering today is not as strong as I hoped it would be. 
Even if this bill passes we will still have work to do. We need to 
provide meaningful rights to whistleblowers in the intelligence 
community and we need to amend the law to allow whistleblowers the 
ability to go to court and have their case heard by a jury. I know this 
bill represents a compromise based on the political realities of today. 
But the fight is not over. I will continue to fight for the protections 
that are not in this bill and hope that my colleagues on both sides of 
the aisle will join me in that fight.
  The journey of this legislation has been a long and frustrating one 
for the advocates of whistleblower protections who have been trying for 
almost a decade to get a strong bill enacted. We have been so close so 
many times only to have another roadblock get in the way. Mr. Speaker, 
I hope that today is different. I hope that this bill will have a clear 
path to the President's desk and become law. I urge every Member of 
Congress to stand up for whistleblowers, to stand up for good 
government, to pass this legislation, and then to join me tomorrow to 
continue the fight for whistleblower protections.

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