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The Senate has taken an important step forward in approving an amendment to the Defense Authorization bill offered by Senators Susan Collins (R-Maine) and Daniel Akaka (D-Hawaii) that strengthens protections for federal employees who disclose government waste, fraud and abuse. As Chairman and a senior member of the Senate Homeland Security and Government Affairs Committee, Senators Collins and Akaka are vigorous advocates for federal workers in this vital area. NTEU has a long tradition of fighting to protect the free speech rights of government employees, both in the courts and in Congress. NTEU has championed this cause not only because employees who speak out deserve protection, but because the public interest demands that the voices of government employees not be stifled. We will work hard to secure approval of this language in the House-Senate conference on this bill—and will continue our efforts on behalf of two other House bills, H.R. 1317 and H.R. 5112, strengthening protections for federal whistleblowers.

The urgency of enacting such legislation to protect federal employees who want to ensure that their agencies are serving the public in the best possible manner has been heightened in the wake of a May 30 decision of the Supreme Court, Garcetti v. Ceballos, a case in which NTEU participated as a friend of the court. The court has now held that public employees have no First Amendment protection when they speak in furtherance of their duties. Without the potential of constitutional protection, the need for improved whistleblower legislation is acute. I hope Congress and the public will fully recognize the importance not only of retaining such protections, but of strengthening them as well. Protecting whistleblowers from retaliation and other penalties is and remains a valuable tool in promoting the highest-quality public service.