Congress Protects Some Whistleblowers, Leaves Others Out

On Wednesday, behind closed doors on Capitol Hill, House and Senate leaders hammered out a deal to pass the economic stimulus bill. Both the original House and Senate versions of this bill included protections for employee whistleblowers. By Wednesday evening, news sources such as Talking Points Memo were reporting that the whistleblower provisions in the bill had been cut.
 

Well, we got our hands on the final text of the bill, and it turns out that whistleblower protections for state, local, and government contractor employees have made the final bill! Unfortunately, the proposed protections for federal employees have been eliminated completely.


This is a partial victory, but a victory nonetheless. Now we must continue to fight for the rights of federal employees. Stephen and Michael Kohn, the President and General Counsel of the National Whistleblowers Center, released the following press statement this morning: 

 

"Private contractors and state and local government employees are covered. They have a right to file a claim and present their case to an independent court and jury. It is now up to Congress to finish the job, and ensure that federal employees have the same rights. It makes no sense to protect some workers who have responsiblity over the stimulus, but to deny protections to the federal regulators who will have the primary duty to police the spending and ensure that there is no political favoritism in the allocation of billions of dollars in taxpayer monies," said Stephen Kohn, the President of the National Whistleblower Center.

"Congress has started to listen," said Michael Kohn, General Counsel of the National Whistleblower Center and attorney for Bunny Greenhouse. "We need to redouble our efforts and obtain universal whistleblower protection coverage for all American workers, including federal government employees," Michael Kohn added. Earlier this week Greenhouse had asked that both the McCakill Amendment and the Platts-Van Hollen Amemdnets be enacted into law. The Senate approved the McCaskill amendents, but cut out the protections for federal employees.


"Senator Clare McCaskill did an incredible job getting these changes into the stimulus. It was a tough and fast paced environment and she was able to ensure strong oversight provisions for some of the workers involved in spending taxpayer monies. She worked in an open an bi-partisan manner and obtained the support from other key Senators, including Independent Senator Liberman and Republican Senator Collins. We hope that the reforms included in the stimulus package will be made permament, will apply to the use of all taxpayer monies and will cover federal workers."

Don't Cut Whistleblowers Out of the Stimulus

Members of the House and Senate have been holed up on Capitol Hill all day negotiating the terms of the President's economic stimulus package. Earlier today, we learned that the whistleblower protection provisions in the bill were in danger. While the MSM has been reporting for some time that a deal has been struck, we still don't know the fate of the whistleblower provisions. This legislation is would extend protections to millions of Americans, and should not be cut from the bill. We are still urging supporters to email your Senators!

The National Whistleblowers Center issued the following press release this afternoon.

 

Key Whistleblower Oversight Provisions Should Not Be Cut From The Final Stimulus Bill

Washington, D.C. February 11, 2009. Key whistleblower oversight and accountability provisions should not be removed from the stimulus legislation. The Platts/Van Hollen amendment to the House version of the stimulus bill would extend meaningful whistleblower protections to all federal employees and it should be included in the stimulus bill.

Government and private industry have acknowledged that whistleblowers are the best way to detect waste, fraud and abuse.

“It would be a shame if Congress passed a massive stimulus spending bill without meaningful protections for all employees who are responsible for protecting taxpayer money, ” said Stephen M. Kohn, President National Whistleblowers Center.

“Congress must meet the public’s demand for oversight and accountability,” added Kohn. “Congress must immediately pass whistleblowers protections so that employees are not afraid to report waste, fraud and abuse.”

 

Stimulus Debate Today! Email Your Senators!

The U.S. Senate is debating the financial stimulus package, and the whistleblower protection provision is in danger! We have worked too hard to suffer another seback.

 

TAKE ACTION! Write your Senators today.

Federal Law Enforcement Backs Whistleblower Protection

I am happy to say that we have received another significant endorsement for federal employee whistleblower protections. The Federal Law Enforcement Officers Association has issued a statement in support of the Whistleblower provisions passed by the House of Representatives in the Economic Stimulus package last week, and is urging the Senate to pass the bill with the whistleblower provisions intact. Further, FLEOA is calling on President Obama to enact an executive order which would restore the careers of Law Enforcement Officers (including counterterrorism agents) who have had their careers destroyed after blowing the whistle.


Jon Adler, the National President of FLEOA had this to say about the retroactive protections:


"After abiding by their oath to uphold the laws of the Constitution, this small select group of federal law enforcement and counter-terrorism agents suffered unwarranted retaliation due to the ineffective and outdated federal Whistleblower Protection Act currently in effect."

 

 

Other DC Newspapers Get It....

In the battle for the support of DC's newspapers, whistleblowers are winning 2-1. As we reported yesterday, the Washington Post has come out against the comprehensive whistleblower protection provisions included in the economic stimulus package passed by the House of Representatives last week. The Post went so far as to say that the provisions should be pulled from the bill, and that protecting national security whistleblowers is "just plain wrong." (click here for a rebuttal to the Post editorial) Although this is disappointing, there are at least a couple of newspapers around town who got it right.


Today, the Washington Times endorsed the whistleblower provisions, highlighting a number of important and heroic whistleblowers in the article. Check it out here.  Earlier this week, the Washington Independent also carried a lengthy article highlighting the proposed whistleblower laws, and even pointing out that there should probably be MORE protections included in the bill. 

Washington Post Was Dead Wrong

Yesterday, as some of you may know, the Washington Post ran an ill-informed editorial criticizing House Congressional leaders for their inclusion of a government employee whistleblower rights provision in the economic stimulus bill that they passed the House of Representatives last week. (see response to the editorial) The Washington Post says that including whistleblower provisions in the legislation was "disengenous," and that whistleblower protection for national security employees is "just plain wrong;" however, it's the Washington Post that is wrong on this issue.


We are very close to a major victory for employee whistleblowers, and we cannot give in. There are many so called leaders in this country who would rather honest employees keep their mouths shut, bury their heads in the sand, and ignore unethical and illegal actions in the workplace. We have seen that they are determined to fight our efforts to protect these brave individuals - But this time we will not be defeated. Right now our country needs whistleblowers more than ever. The will of the American people, and hopefully the will of the Obama administration is on our side.  


Whistleblower support and advocacy groups have put together a point-by-point response to the editorial, which you can view here.

 

 

Washington Independent Highlights Urgent Need For Whistleblower Protection

The Washington Independent published an article addressing the lack of protection offered to whistleblowers in the stimulus bill.  The article quoted Stephen Kohn, who states: "The biggest defect in the current language in the House and Senate versions, is about blowing the whistle internally." The bill protects only employees that report wrongdoings to Congress or an Inspector General, but does not provide protection to those that make internal reports to their own employers. Protecting taxpayer money with strong oversight and accountability safeguards is of extreme importance, therefore Congress must provide adequate protection for all whistleblowers. 

"Whistleblowers Vulnerable in Stimulus" by Daphne Eviatar

 

*Thelma Lizama (a NWC intern) contributed to this posting