The U.S. Office of Special Counsel (OSC) has taken a historic step in vindicating the rights of federal employee whistleblowers. On June 20, Special Counsel Hampton Dellinger sent a letter urging both Chambers of Congress to introduce and pass legislation permanently designating July 30 as National Whistleblower Appreciation Day.
In addition, Dellinger announced that the OSC will require federal agencies to promote National Whistleblower Day in order to qualify for annual re‐certification under the 5 U.S.C. 2302(c) Certification Program. This adds real teeth to National Whistleblower Day, which alongside celebrating the contributions and accomplishments of whistleblowers, has the critical purpose of educating federal employees about their whistleblower rights and the procedures and protections afforded to them.
“That it is the duty of all persons in the service of the United States, as well as all other inhabitants thereof, to give the earliest information to Congress or any other proper authority of any misconduct, frauds or misdemeanors committed by any persons in the service of these states, which may come to their knowledge.”
Congress took note of the significance of this history and each year since 2013, the U.S. Senate has unanimously passed a resolution designating July 30 as National Whistleblower Appreciation Day. The resolution “encourages” each federal agency to recognize National Whistleblower Day by:
“(A) informing employees, contractors working on behalf of United States taxpayers, and members of the public about the legal rights of citizens of the United States to blow the whistle; and (B) acknowledging the contributions of whistleblowers to combating waste, fraud, abuse, and violations of laws and regulations in the United States.”
These resolutions have had a real impact. Whistleblowers have recovered billions of dollars for taxpayers, exposed abuses of power at the highest levels of government, protected the environment from harm and, most importantly, saved lives.
Yet at the same time, whistleblowers have faced immense retaliation, risking their careers, jobs and reputations and sometimes their personal safety. This real threat of retaliation creates a widespread chilling effect throughout the federal workforce.
Educating federal employees about the whistleblower rights and highlighting the contributions of whistleblowers is thus crucial in counteracting the chilling effects of retaliation and instilling a culture of accountability and transparency.
The OSC’s action furthers the cause of National Whistleblower Day in two crucial ways, however. The first is by making the designation permanent. While the Senate Whistleblower Protection Caucus, co-chaired by Sens. Chuck Grassley (R-Iowa) and Ron Wyden (D-Ore.), has remained dedicated toward reintroducing the National Whistleblower Resolution each summer, a permanent designation would ensure that holiday continues for decades to come. Furthermore, a permanent designation would give agencies the time necessary to develop and implement robust educational programs around whistleblower rights.
Second, the OSC’s decision to require agencies participating in its 2302(c) Certification Program to promote National Whistleblower Appreciation Day will greatly expand the power of the day. While the Senate resolution “encourages” agencies to celebrate National Whistleblower Day, the OSC’s requirements will give the day real teeth. Nearly 100 separate federal agencies are currently certified under 2302(c) and each of them will have to educate their employees about their whistleblower rights in order to retain their certification.
This is a massive step in educating the federal workforce about whistleblower rights and protections, and such education is crucial in instilling a culture in which federal employees feel safe in coming forward to expose waste, fraud and abuse.
This July 30, Dellinger will celebrate National Whistleblower Day on Capitol Hill where he will be speaking at the National Whistleblower Center’s celebration. Sens. Grassley and Wyden, heads of federal whistleblower programs and whistleblowers will also be speaking.
Stephen M. Kohn is the founding partner of the whistleblower defense firm Kohn, Kohn & Colapinto LLP and chairman of the board of the National Whistleblower Center.
OSC is giving real teeth to National Whistleblower Day
This is a massive step in educating the federal workforce about whistleblower rights and protections.
The U.S. Office of Special Counsel (OSC) has taken a historic step in vindicating the rights of federal employee whistleblowers. On June 20, Special Counsel Hampton Dellinger sent a letter urging both Chambers of Congress to introduce and pass legislation permanently designating July 30 as National Whistleblower Appreciation Day.
In addition, Dellinger announced that the OSC will require federal agencies to promote National Whistleblower Day in order to qualify for annual re‐certification under the 5 U.S.C. 2302(c) Certification Program. This adds real teeth to National Whistleblower Day, which alongside celebrating the contributions and accomplishments of whistleblowers, has the critical purpose of educating federal employees about their whistleblower rights and the procedures and protections afforded to them.
Back in 2011, I uncovered and retold the history behind the United States’ first whistleblower law. On July 30, 1778, in response to ten sailors and Marines who stepped forward and reported serious misconduct concerning Esek Hopkins, commander in chief of the Continental Navy, the Continental Congress passed a resolution which read:
“That it is the duty of all persons in the service of the United States, as well as all other inhabitants thereof, to give the earliest information to Congress or any other proper authority of any misconduct, frauds or misdemeanors committed by any persons in the service of these states, which may come to their knowledge.”
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Congress took note of the significance of this history and each year since 2013, the U.S. Senate has unanimously passed a resolution designating July 30 as National Whistleblower Appreciation Day. The resolution “encourages” each federal agency to recognize National Whistleblower Day by:
“(A) informing employees, contractors working on behalf of United States taxpayers, and members of the public about the legal rights of citizens of the United States to blow the whistle; and (B) acknowledging the contributions of whistleblowers to combating waste, fraud, abuse, and violations of laws and regulations in the United States.”
These resolutions have had a real impact. Whistleblowers have recovered billions of dollars for taxpayers, exposed abuses of power at the highest levels of government, protected the environment from harm and, most importantly, saved lives.
Yet at the same time, whistleblowers have faced immense retaliation, risking their careers, jobs and reputations and sometimes their personal safety. This real threat of retaliation creates a widespread chilling effect throughout the federal workforce.
Educating federal employees about the whistleblower rights and highlighting the contributions of whistleblowers is thus crucial in counteracting the chilling effects of retaliation and instilling a culture of accountability and transparency.
Over the past decade, a growing number of federal agencies have celebrated National Whistleblower Day, whether through programming, informative blog posts or simply posts on Twitter. A long list of government officials, including the secretary of Labor and chair of the Securities and Exchange Commission, have also spoken at the National Whistleblower Center’s annual National Whistleblower Day celebration.
The OSC’s action furthers the cause of National Whistleblower Day in two crucial ways, however. The first is by making the designation permanent. While the Senate Whistleblower Protection Caucus, co-chaired by Sens. Chuck Grassley (R-Iowa) and Ron Wyden (D-Ore.), has remained dedicated toward reintroducing the National Whistleblower Resolution each summer, a permanent designation would ensure that holiday continues for decades to come. Furthermore, a permanent designation would give agencies the time necessary to develop and implement robust educational programs around whistleblower rights.
Second, the OSC’s decision to require agencies participating in its 2302(c) Certification Program to promote National Whistleblower Appreciation Day will greatly expand the power of the day. While the Senate resolution “encourages” agencies to celebrate National Whistleblower Day, the OSC’s requirements will give the day real teeth. Nearly 100 separate federal agencies are currently certified under 2302(c) and each of them will have to educate their employees about their whistleblower rights in order to retain their certification.
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This is a massive step in educating the federal workforce about whistleblower rights and protections, and such education is crucial in instilling a culture in which federal employees feel safe in coming forward to expose waste, fraud and abuse.
Dellinger spoke strongly about the importance of whistleblowers and National Whistleblower Appreciation Day during his Senate confirmation hearing last November and this action affirms his commitment to advancing federal employee whistleblower rights.
This July 30, Dellinger will celebrate National Whistleblower Day on Capitol Hill where he will be speaking at the National Whistleblower Center’s celebration. Sens. Grassley and Wyden, heads of federal whistleblower programs and whistleblowers will also be speaking.
Stephen M. Kohn is the founding partner of the whistleblower defense firm Kohn, Kohn & Colapinto LLP and chairman of the board of the National Whistleblower Center.
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