Government Accountability Project

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Legislation

Oversight Groups Overwhelmingly Support Passage of Whistleblower Protection Enhancement Act

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This morning the National Taxpayers Union (NTU), a leading taxpayer advocacy organization, sent a “vote alert” on S. 372, The Whistleblower Protection Enhancement Act. The alert urges all Members in the House of Representatives to support passage of this taxpayer safeguarding measure:

S. 372 must be enacted now; it represents admirable progress toward ensuring that those with credible information about fiscal mismanagement in the federal government are protected from retaliation

This alert is just one of the latest from over 90 good government groups that support the passage of this critical legislation.

NTU points out that other fiscal responsibility measures passed in the 111th Congress, such as the Federal Funding Accountability and Transparency Act, remain incomplete without adequate protections for federal employees to disclose violations of law, and it is taxpayers that pay the price:

For the better part of a decade, one of those missing reforms – comprehensive whistleblower protections – has stalled despite the best efforts of citizen groups across the political spectrum. All the while, taxpayers have been treated to a lamentable litany of fiscal scandals, even as whistleblower provisions for non-federal workers were strengthened.

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Whistleblowers, 90 Groups Urge House to Approve Whistleblower Protection Enhancement Act

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Yesterday, GAP and a broad coalition of more than 90 groups -- including the National Taxpayers Union, Project on Government Oversight, American Federation of Government Employees, and Union of Concerned Scientists sent a strong letter of support urging passage of the Whistleblower Protection Enhancement Act (S. 372) to members of the House of Representatives.

The House could vote as early as tomorrow on these critical reforms to strengthen federal whistleblower protections. Legislation passed the Senate by unanimous consent last Friday. The groups are urging the House to pass S. 372 without delay (although the bill does not contain every reform sought by the coalition, there is no time for additional tinkering).

One holdout group that had dropped out of the free speech campaign this year has returned to spearhead a disinformation attack aimed at killing the bill. However, the attack sparked a significant increase in nonprofit support for the consensus reform (going from 60 groups to 90) and a spontaneous protest by the nation’s leading whistleblowers, ranging from Frank Serpico and Ambassador Joseph Wilson to national security professionals, who said the critics do not speak for them.

These measures reaffirm support for the consensus compromise between the original versions of the House and Senate legislation. Supporters include Representatives Towns (D-NY), Issa (R-CA), and Van Hollen (D-MD), the original sponsor of the House bill. The White House has fought hard for the reform, and indicated President Obama will sign the bill.

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Noted Whistleblowers Urge Passage of Whistleblower Protection Enhancement Act!

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Today a letter was released by 30 whistleblowers that support passage of S. 372, the Whistleblower Protection Enhancement Act. Signed by star whistleblowers including Frank Serpico and Ambassador Joseph Wilson, to intelligence community and FAA whistleblowers, the letter concludes:

“In short, we can’t wait any longer. Even if you could get us a three quarters loaf two years from now at the end of the next Congress instead of two thirds now, we can’t wait. We need stronger rights now. Many of us have been hanging on for years already, waiting for a new law that would give us a fighting chance. We’re running out of time, money and hope. Our cases are getting stale, with witnesses moving on. We need to file in January 2011. We can’t wait until January 2013. Now, we urge you to stand with us or stand aside.”

Click here to view the letter, which was organized by Federal Air Marshal whistleblower Robert MacLean and Pentagon whistleblower Franz Gayl.

GAP praised the Senate last week for its passage of S. 372, and we're strongly urging the House to pass this key legislation as soon as possible. Please sign GAP's petition here to urge the House to protect federal whistleblowers!

Shanna Devine is Legislative Coordinator for the Government Accountability Project, the nation's leading whistleblower advocacy organization.

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Senate Passes Whistleblower Protection Enhancement Act

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Last night, the Senate unanimously approved comprehensive bipartisan whistleblower protection legislation for federal employees. This action is the result of a decade-long effort to protect the federal employees who risk their careers to protect the rest of us. The Make It Safe Coalition (MISC) urges the House to quickly pass the bill to make it law this year.

The Whistleblower Protection Enhancement Act (S. 372) makes significant progress in affording millions of federal workers the rights they need to protect all Americans. It restores 'best practice' free speech rights by overturning years of flawed judicial and administrative decisions that had left current whistleblower law in tatters and federal workers unprotected. For the first time in history, the law will have structural reforms including normal access to appeals courts for whistleblowers, and the right to a trial. The legislation has the strong support of dozens of groups from the across the ideological spectrum.

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Radack on BBC World News: Wikileaks & Drake - Why Whistleblower Protection is Vital

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I was just on BBC World News discussing Wikileaks, Thomas Drake, and the Whistleblower Protection Enhancement Act (WPEA).  It is sheer hypocrisy for the U.S. to scream literally bloody murder about Wikileaks (calling for Wikileaks' Julian Assange's execution) without giving employees a safe alternative to anonymous leaks.

Recent revelations from the ACLU that despite being given an unprecedented blank check to collect data, the NSA is still thwarting regulations and over-collecting only underscore the importance of protecting whistleblowers. As of now, Drake, who went through proper channels to blow the whistle on NSA's privacy-shredding data collection debacles, has been indicted under the Espionage Act.

The hypocrisy comes when going through the proper channels as Drake did, sticks you in the same position the Justice Department is looking to put Julian Assange in: indicted under the Espionage Act.

When Thomas Drake saw the NSA was embarking on a wasteful multi-billion dollar data collection boondoggle with an unnecessary expense to Americans' privacy rights, Drake, being what the main-stream-media has dubbed a "classic whistle-blower," reported the waste of taxpayer money through all the proper channels: to his bosses, the Inspectors General, and to the Congressional Intelligence Committees.  The thanks Drake received was a criminal indictment.

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Report Shows Exactly Why Federal Whistleblowers Need Protection

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Today, GAP released a report on one of the most effective ways to undermine the disclosures of a whistleblower: retaliatory investigations. Whistleblower Witch Hunts follows 12 federal employees into Kafka’s The Trial, as they undergo underhanded tactics that run the gamut of indecency, including:

  • Denying the existence of active but secret investigations;
  • Classifying or restricting information years after the fact, and then imposing ex post facto liability for blowing the whistle with it;
  • Making unsupported accusations of whistleblowers being suicidal, violent or otherwise mentally disturbed, without providing any medical basis;
  • Raiding whistleblowers’ homes and scaring their families, confiscating personal property
  • Enacting blacklisting campaigns for several years

It’s no wonder that retaliatory investigations are used to silence whistleblowers: Framing the messenger kills the message. Unfortunately, this approach ultimately harms the public, the messenger and the agency while whistleblowers’ warnings remain unheeded.

The whistleblowers profiled in this new report exposed national security risks including: the attempted cancellation of all Air Marshal coverage during a confirmed terrorist plan for a more ambitious rerun of 9/11, fraudulent certifications for mechanics who vouch for commercial aircraft safety, and the failure by the Air Force to conduct required inspections and maintenance for over a decade on intelligence and cargo aircraft, which could lead to mechanical failures that endanger servicemen’s lives, delay critical missions, and cause national security breaches.

But it doesn’t stop there. Public safety disclosures detailed in the report include the stonewalling of lifesaving military equipment for U.S. troops and civilians abroad, corrupt diversion of all funds reserved to treat dramatic brain injury for over 400,000 Iraq and Afghanistan veterans, and losing track of a significant amount worth of plutonium. Plus, civil liberties abuses spanned the NSA's warrantless domestic surveillance, and the Justice Department’s lying to court about a dress rehearsal for Abu Ghraib tactics on American citizen John Walker Lindh.

Legislation currently pending in Congress, the Whistleblower Protection Enhancement Act, empowers whistleblowers to stop retaliation in its initial stage, rather than have to live indefinitely with investigations or dossiers that are used as smoke screens to cloud genuine threats. Click here to sign a petition to demand the Act be passed!

Shanna Devine is Legislative Coordinator for the Government Accountability Project, the nation's leading whistleblower advocacy organization.

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In WikiLeaks Wake, Whistleblower Witch-Hunt Report Released and Bill Set to Pass!

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If folks feel conflicted about WikiLeaks, the answer is to pass meaningful whistleblower reform. Otherwise, whistleblowers have no alternative, as detailed in this Whistleblower Witch Hunt report released today.

I've been saying that quite often here at Kos. Now, following the latest WikiLeaks spill, Congress is poised to pass legislation giving employees in the most sensitive government jobs--national security and intelligence employees--a way to report corruption, waste, mismanagement and illegality without resorting to WikiLeaks, which for better or for worse, has been the only viable avenue available to whistleblowers.

President Barack Obama is expected to sign the Whistleblower Protection Enhancement Act, and it is viewed by supporters as a way to discourage leaks of classified information. It would give intelligence agency whistleblowers a way to raise concerns internally instead of giving classified materials to WikiLeaks or other outlets.

As highlighted by the Associated Press and NPR this morning, in order to draw attention to the risks whistleblowers now face, my organization, the Government Accountability Project, prepared a report detailing the ordeals of 12 government officials whose employers sought "to enforce secrecy though repression."

Among them is Thomas Drake, a former National Security Agency official who reported "massive fraud, waste and abuse" in agency surveillance programs to the Department of Defense Inspector General's office. Drake's reward was an indictment in April under the Espionage Act for allegedly making unauthorized contact with a newspaper reporter after he had exhausted all other means for disclosing the problems he witnessed. (He is actually only charged with "willful retention for purposes of disclosure," which is not a real crime, but rather the bizarre parsing of the Espionage Act and other federal statutes in order to manufacture a crime that fits the facts of Drake's case.

Without protections spelled out in law, whistleblowers risk being demoted, fired, or in Drake's case, put in jail.

Until the law is passed, WikiLeaks will continue to be the safest option for whistleblowers unwilling to engage in professional suicide. Blowing the whistle leaves people broken, bankrupted and blacklisted.

More than 60 public interest and advocacy groups support this bill. The Senate is expected to approve the bill this week and send it to the House, where Democrats are planning to pass it quickly. White House spokesman Josh Earnest called the bill

landmark legislation

that the Obama administration

hopes will be passed promptly.

The Whistleblower Protection Enhancement Act bars workplace reprisals against employees at the CIA and other intelligence organizations for telling their superiors about illegal activities, abuses of authority and dangers to public health or safety.

It also requires the director of national intelligence to set up a special review board to resolve cases involving whistleblowers who believe their security clearances were suspended or revoked as punishment for speaking out, and gives expanded whistle-blower protections to civil service employees outside the intelligence agencies.

Whistleblowers outside the intelligence agencies would also be able to seek a jury trial in federal court to appeal dismissals or demotions.

Whistleblower should not have to choose their conscience over their career, or in Tom Drake's case, over their very liberty.

Jesselyn Radack is Homeland Security & Human Rights Director for the Government Accountability Project, the nation's leading whistleblower advocacy organization. This post originally appeared in her Daily Kos column.

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