Analysis of Senate Markup Coming Soon
Here is an update to our earlier posting on S. 386.
The Office of Management and Budget issued a Statement of Administration Policy to the Senate on Monday, April 20th stating that the Obama Administration “strongly supports enactment of S. 386.” The statement explained that the Fraud Enforcement and Recovery Act of 2009 (S. 386) would “benefit U.S. taxpayers by both addressing existing fraud and deterring waste, fraud, and abuse of public funds.” It also pointed out that the bill would “amend the False Claims Act (FCA) in several important respects so that the FCA remains a potent and useful weapon against the misuse of taxpayer funds.”
Notably, the statement supporting the Fraud Enforcement and Recovery Act is the only statement the Office of Management and Budget has sent to the Senate since the beginning of the Obama Administration.
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.”
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.
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."
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.
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.

At 3:00 PM TODAY there will be a Rules Committee meeting to vote on amendments to the stimulus legislation. One of the amendments under consideration would include whistleblower protection in the bill This is the optimal time for Congress to pass meaningful whistleblower protection! We are urging everyone to Take Action and tell your Congressman to support amending the bill to include whistleblower provisions.
Last week the Congressional Budget Office released this report on the revenue-creating potential of current proposed legislation in the to amend the False Claims Act. Similar bills are now pending in the Senate (S. 2041) and the House of Representatives (H.R. 4854). This marks a turnaround in opinion for the CBO on this issue. In April, the CBO released a report stating that the Senate version of the bill would not significantly increase government revenues, but this most recent report (which officially only deals with the House version of the bill) indicates that they have improved their assessment with regard to both bills.
This 2-page document offers a concise description of the legislation (H.R. 4854), and states that:
"[The] CBO originally estimated that S. 2041 would not significantly increase revenues and collections. However, based on additional information, CBO now expects that either H.R. 4854 or S. 2041 could increase revenues and collections."
This is another promising sign for this much-needed legislation. For more blog posts about the False Claims Act, click here.
As you know, Congress is about to vote on a bailout bill for the financial
sector. Whether you support this bill or not, we ask that you immediately call your Senators and demand that strong whistleblower protections be included in the bill because if we had meaningful whistleblower protection we probably wouldn't be in the mess we are in today!!!
Just call 202-224-3121 and ask for each of you Senator's offices. Tell them
that there can be no meaningful accountability in the bailout bill without
strong whistleblower protections. If you are going to call it has to be done
today and right away!!!