Today's hearing opens the discussion on S. 995, legislation to strengthen protections for federal employees who exercise one of the basic obligations of public service: disclosing waste, fraud, abuse, or substantial and specific danger to public health or safety. The introduction of this bill benefitted from the input of individuals who worked hard to craft a response to what we view as an erosion of congressional intent.

The rights of federal employees to be free from workplace retaliation after disclosing waste, fraud or abuse has been diminished by a pattern of court rulings that have narrowly defined who qualifies as a whistleblower. These rulings are inconsistent with clear congressional intent and discourage federal employees from coming forward with significant disclosures.

We are pleased to have with us today Senator Charles E. Grassley (R-IA), the Honorable Elaine Kaplan, Special Counsel for the Office of Special Counsel; the Honorable Beth Slavet, Chair of the Merit Systems Protection Board; and Tom Devine, legal director of the Government Accountability Project. All are forceful advocates for federal whistleblowers and defenders of the merit system.

A representative from the Department of Justice was invited to testify. After discussion with Senator Cochran, it was decided that Justice would submit a written statement. I am also submitting statements from the American Federation of Government Employees, the National Treasury Employees Union, and the Senior Executive Association.

S. 995 seeks to restore congressional intent regarding who is entitled to relief under the Whistleblower Protection Act and what constitutes a protected disclosure. It codifies certain anti-gag statutes that have been added yearly to the Treasury/Postal Appropriations bill for the past 13 years. The bill also extends independent litigating authority to the Office of Special Counsel and ends the sole jurisdiction of the U.S. Court of Appeals for the Federal Circuit over whistleblower cases.

As the Chairman of the Federal Services Subcommittee, I will work to guarantee that any disclosure within the boundaries of the statutory language are protected. We cannot afford to let this law be weakened further. The exceptions resulting from the Federal Circuit's rulings have removed protection where it counts the most: for federal employees, who acting as public servants, are carrying out their responsibilities to the public as employees of their agencies.

Protection of federal employees from whistleblower retaliation has been a bipartisan effort and enjoyed bicameral, unanimous support in passage of the 1989 law and the Act's 1994 amendments.

I am pleased to note that Representatives Morella and Gilman introduced H.R. 2588, a companion bill to S. 995, on Monday. I look forward to moving S. 995, which will go a long way toward protecting our federal employees from retaliatory actions when disclosing waste, fraud, or abuse.