Opening Statement at No FEAR Press Conference

Statement

Opening Statement at No FEAR Press Conference

Rep. Albert R. Wynn Statement

No FEAR Press Conference on the Introduction of the Congressional Disclosures Protection Act of 2008

"Good morning. Thank you for joining us here today to discuss the introduction of this landmark legislation, the Congressional Disclosures Protection Act of 2008. I am very proud to be holding this press conference just one day after the very important holiday, Martin Luther King, Jr. Day. We purposefully chose this day to introduce what is also known as "the 2nd Civil Rights Law of the Century" - with the No FEAR I law of 2002 being the first.

"Though there is already a law in place intended to address the issue of retaliation against whistleblowers, unfortunately, agencies are still able to procedurally wrangle their way out of providing redress to employees complaining of retaliation - this is a problem. Whether this is a result of intentional malicious behavior, or perhaps just laziness and unwillingness to do the right thing, the harm inflicted upon these employees is often irreversible.

"While an employer can simply file paperwork away somewhere and be in compliance with the law, real people's lives are affected in very real ways while they experience harassment at work, damage done to their careers, lose their jobs, homes, or suffer from a myriad of other consequences, while their employers have the upper hand while the situation is being resolved.

"The No FEAR I Act of 2002 was a good start, but has not quite been able to serve its intended purposes. To put it simply, my bill will "add teeth" to the existing law, and truly protect our federal employees who disclose fraud, waste and abuse in the federal government. By making several important changes to our existing laws, this bill will give whistleblowers the tools that they need to defend themselves against retaliation and discrimination.

"First, under current law, whistleblowers who are victims of retaliation and discrimination are required to submit their claims for administrative review, many times resulting in long, drawn out and costly reviews that only result in unnecessary delays in resolving the dispute. In fact, many whistleblowers have found that this lengthy and costly process has been a means to defeat claims or discourage claimants from even making a claim. My bill provides a mechanism for these whistleblowers to seek immediate review in federal court; something that whistleblowers have sought and desired for a great deal of time.

"Next, in an effort to create a stronger disincentive for rogue government actors to retaliate against federal whistleblowers or agency heads to acquiesce or cover-up that conduct, my bill triples the damages that can be awarded to victims of retaliation or discrimination. As any victim of retaliation will tell you, the damage suffered to one's life and profession cannot be quantified simply by looking at the wages lost during the period of the retaliation. We need a law that will make it clear that our government rewards whistleblowing, and that any effort to silence these brave employees will be faced with punitive results. To deny a person the right to disclose to Congress information of waste, fraud and abuse is to prevent our ability to police our own government, and this cannot be tolerated on any level. And, our laws regarding the damages required to make that person whole should reflect that policy.

"Third, as many whistleblowers have informed me, the most difficult obstacle to overcome in defending themselves against retaliation and discrimination is finding a good attorney to represent them. Given the high cost associated with prosecuting a claim of retaliation against the federal government, many attorneys refuse to take these cases on contingency or require the client to pay the costs of the case before they will agree to represent. The result of this is that many potentially meritorious cases never get off the ground because the whistleblower does not have the money to pay for a good lawyer.

"This bill will do two things to help whistleblowers. First, it triples the attorneys fees that can be awarded to lawyers who receive favorable decisions in the court. By doing so, it will create a financial incentive for our best lawyers to take these cases. Second, it gives the whistleblower something that they have never had before; the ability to request the Office of Special Counsel to represent them in the prosecution of their case.

"Finally, the bill provides more transparency and accountability in the federal government by requiring agencies to disclose the amount of money they spend defending against these claims. By shedding light on the amount of money the agencies are spending in defending these claims, the public will have more knowledge about the spending patterns of each particular agency as it relates to whistleblower retaliation claims.

"I have introduced this bill for many reasons. One being that my district is home to the most federal employees in the country. But more importantly, I support this legislation because it is simply the right thing to do. On this day after Martin Luther King Day, I'd like to urge my colleagues who are not here today, and the larger public to make a real commitment to ensure that all Americans are protected equally under the law. This was one of the central principles which MLK stood for and we owe it to his legacy to pay more than lip service to this ideal.

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