FOR IMMEDIATE
RELEASE
CONTACT: Tara McGuinness
(202) 225-7944
WASHINGTON, DC -
Representative Edward J. Markey (D-MA), a senior member of the Energy and
Commerce and Homeland Security Committees and Representative Carolyn B. Maloney
(D-NY), a member of the Government Reform Committee, today introduced the
"Paul
Revere Freedom to Warn Act," a comprehensive bill to provide
protections to government and private sector employees who are retaliated
against for reporting flaws in national or homeland security, public health and
safety, or waste, fraud and mismanagement of public funds. The protections
offered in the legislation are modeled upon those provided by Congress in the
Sarbanes-Oxley Act to employees of companies who report accounting fraud.
"Congress has given
employees of Enron or WorldCom who reported accounting fraud better
whistleblower protections than we give FBI employees, TSA baggage screeners, or
port employees who report serious risks to homeland and national
security," said Rep. Markey. "Whistleblowers are modern-day Paul
Reveres. When they voice concerns over our nation's national security, we
should listen to them, not silence them."
"We all know the saying 'The truth shall set you free.' This
administration has taken that old adage to a new level -- the truth will truly
set you free, because you will be fired," said Rep. Maloney.
"The men and women who work in national security are among our most
trusted citizens. They have been trusted to handle the most classified
material, yet this administration dismisses them if they uncover corruption.
Whistleblowers are true patriots, not enemies of the state.
While Congress provided
whistleblower rights to protect shareholders, it has failed miserably to
provide whistleblower rights to protect 280 million American citizens. Instead,
these modern day Paul Reveres who do the right thing and report homeland and
national security flaws, threats to public health and safety or waste, fraud
and mismanagement involving taxpayer dollars get fired. They are
blacklisted from getting other jobs. They go broke. Their lives are ruined.
The legislation introduced
today contains the following provisions:
·
If
ANY federal employee, federal contractor or subcontractor, or a corporate
employee is retaliated against for reporting a national or homeland security
concern, threat to public health and safety, or fraud, waste or mismanagement
to their employer, GAO, a government Agency or Congress, they can file a
complaint with the Department of Labor.
·
If
the Department of Labor doesn't act on the case within 6 months, they can bring
a case in district court and are entitled to compensatory damages such as
reinstatement, back pay and legal fees, and punitive damages.
·
If
the government prevents the case from being heard because it asserts its State
Secrets privilege, then judgment will be automatically in favor of the
whistleblower so they can move forward with their lives free of the stigma the
retaliation against them brings.
·
It
will also be made a crime punishable by up to 10 years in prison to engage in
such retaliation.
Rep. Markey has been a
long-time advocate of whistleblowers - to find more information on his work to
protect whistleblowers check out: http://markey.house.gov/