FOR IMMEDIATE RELEASE
Contact: Media@dcaclu.org
WASHINGTON - Citing growing concerns over court decisions that have weakened
laws designed to protect whistleblowers, the American Civil Liberties Union
today called on Congress to enact stronger protections for whistleblowers,
especially those in the national security arena. Legislation that would take
steps to correct some shortcomings in whistleblower law - but without critical
protections for national security whistleblowers - was the subject of a hearing
held by a panel of the House Government Reform Committee.
"Whistleblowers play an essential role in keeping government honest," said
Caroline Fredrickson, Director of the ACLU Washington Legislative Office. "These
brave men and women inform the public about government misconduct, including
civil liberties violations. Whistleblowers have called attention to serious
security failures, putting pressure on government to address critical
deficiencies."
The House Government Reform Subcommittee on National Security, Emerging
Threats, and International Relations met today to consider H.R. 1317, the
"Federal Employee Protection of Disclosures Act." The ACLU said the bill would
take steps to correct critical shortcomings in the Whistleblower Protection Acts
of 1989 and 1994. Since Congress passed those bills, the main appeals court with
jurisdiction has severely weakened the law in a series of decisions that misread
the law in a way that is actively hostile to the congressional intent to protect
whistleblowers.
The ACLU noted that whistleblowers often suffer retaliation for disclosing
embarrassing information. In recent weeks, the Department of Justice has
announced that it will investigate the disclosure of an illegal National
Security Agency domestic eavesdropping operation approved by President George W.
Bush. However, the ACLU noted that the attorney general has yet to investigate
which laws were violated by the program - despite repeated calls for such an
inquiry from members of Congress. Without the disclosure from that
whistleblower, Congress and the public would continue to be unaware of the
warrantless surveillance by the NSA.
If enacted, H.R. 1317 would better protect whistleblowers by providing: a
normal standard of proof, no penalty for talking to bosses or fellow employees,
no requirement that the whistleblower was the first person to make the
disclosure, protection against retaliatory investigations and the right to
pursue a jury trial when a government watchdog does not act.
The ACLU noted that H.R. 1317 does not protect all whistleblowers, as it
leaves out government contractors; fails to fix a gap in current law for
intelligence community employees from whom regulatory protections have been
insufficient; and does not prohibit the career-ending revocation of a security
clearance in retaliation for covered disclosures. It is critical that lawmakers
correct these shortcomings, or else national security whistleblowers could
remain out in the cold.
"Our nation is strengthened, not weakened, by people who have the courage and
moral conviction to speak out against misconduct and abuse," Fredrickson added.
"This bill is a step in the right direction, but more needs to be done. We urge
Congress to act on this vital issue."
To read the ACLU’s letter on H.R. 1317, the "Federal Employee
Protection of Disclosures Act," go to:
http://www.aclu.org/natsec/gen/21153leg20051018.html
