Government Accountability Project
National Office
1612 K Street, NW Suite #1100 • Washington, D.C. 20006
202.408.0034 • www.whistleblower.org

February 14, 2007

FOR IMMEDIATE RELEASE

Contact: Adam Miles, Legislative Representative
Phone: 202.408.0034 ext. 132, cell 202.276.2007
Email: adamm@whistleblower.org
Contact: Tom Devine, Legal Director
Phone: 202.408.0034 ext. 124, cell 240.888.4080
Email: whistle47@aol.com

Contact: Dylan Blaylock, Communications Director
Phone: 202.408.0034 ext. 137, cell 202.236.3733
Email: dylanb@whistleblower.org

House Committee Unanimously Approves Whistleblower Protections

(Washington, D.C.) – By a unanimous 28-0 vote today, the House Oversight and Government Reform Committee approved landmark legislation to overhaul the law protecting federal government whistleblowers. Lead sponsors for H.R. 985, the “Whistleblower Protection Enhancement Act of 2007,” include Committee Chairman Henry Waxman (D-CA), Ranking Member Tom Davis (R-VA), and Rep. Todd Platts (R-PA).

“Today the Government Reform Committee lived up to its name. Now the spotlight is on House leadership to do the same, by scheduling a floor vote without delay,” commented Government Accountability Project (GAP) Legal Director Tom Devine. GAP has been working seven years for the reform’s enactment. Devine added, “If this legislation becomes law, it will create a gold standard for public employee free speech rights, and a breakthrough for government accountability.”

GAP is a founding member of the Make it Safe Coalition, a non-partisan network of organizations whose members pursue a wide variety of missions that span defense, homeland security, medical care, natural disasters, scientific freedom, consumer hazards, and corruption in government contracting and procurement. These groups are united in the cause of protecting those in government who honor their duties to serve and warn the public.

The Oversight Committee’s legislation meets nearly every requirement for reform endorsed by the “Make it Safe Coalition.” Notably, it restores the mandate of the Whistleblower Protection Act (WPA), which has been gutted by judicial activism since 1994, when Congress unanimously strengthened it. The legislation strengthens the due process enforcement structure for WPA paper rights, granting whistleblowers the right to challenge reprisals in federal district court with their rights decided by a jury of the taxpayers they purport to defend.

Specifically, the legislation would:

Codify the legislative history for “any” protected disclosure, meaning the WPA applies to all lawful communication of misconduct. This restores “no loopholes” protection and cancels the effect of the Supreme Court’s Garcetti v. Ceballos decision on federal workers.

Provide federal employees and contractors access to jury trials in federal district court to challenge reprisals.

Extend rights to all national security whistleblowers, including those at the FBI and intelligence agencies.
Extend rights to federally-funded contractors.

Restore the unqualified, original “reasonable belief” standard established in the 1978 Civil Service Reform Act for whistleblowers to qualify for protection.

Make permanent and provide a remedy for the anti-gag statute – a rider in the Treasury Postal Appropriations bill for the past 17 years – that bans illegal agency gag orders. The anti-gag statute neutralizes hybrid secrecy categories like “classifiable,” “sensitive but unclassified,” “sensitive security information” and other new labels that lock in prior restraint secrecy status, enforced by threat of criminal prosecution for unclassified whistleblowing disclosures by national security whistleblowers.

Codify protection against retaliatory investigations, giving whistleblowers a chance to end reprisals by challenging preliminary “fact-finding” charades.

Bar the President from imposing ex post facto “intelligence employee” status to strip employees of their merit system rights after they assert them by filing a lawsuit.

End the Federal Circuit Court of Appeals monopoly on appellate review of the Whistleblower Protection Act (The Court has single-handedly gutted the WPA, leading to a 2-129 record against whistleblowers from October 1994 to October 2006), restoring all-Circuit review, as in the original 1978 Civil Service Reform Act and the Administrative Procedures Act. This provision was approved today be a voice vote amendment.
Restore independent due process review of security clearance determinations for whistleblower reprisal, unavailable since a 1985 Supreme Court decision.

Provide specific authority for whistleblowers to disclose classified information to Members of Congress on relevant oversight committees or their staff.

Provide compensatory damages for prevailing whistleblowers, establishing consistency with other remedial employment laws. This was another strengthening amendment added today.

GAP Legislative Representative Adam Miles commented, “Today’s committee vote is a unanimous bipartisan mandate in every sense. Their commitment to protecting our families and tax dollars is reflected in this bill. The new congressional leadership should respect this commitment by scheduling floor votes without delay.”

Government Accountability Project

The Government Accountability Project is the nation’s leading whistleblower protection organization. Through litigating whistleblower cases, publicizing concerns and developing legal reforms, GAP’s mission is to protect the public interest by promoting government and corporate accountability. Founded in 1977, GAP is a non-profit, non-partisan advocacy organization with offices in Washington, D.C. and Seattle, WA.

Whistleblower Qui Tam