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So here we are again with National Whistleblower Appreciation Day upon us (July 30) with little mention in mainstream media, let alone the grand fanfare the day deserves. To most, it would seem, this is just another made-up holiday to celebrate the peculiar passions or pastimes of a particularly fervent few. Easy to shrug off. No different from National Doughnut Day (June) or National Smiling Day (May), or the many other "national days" promoting a favorite food or activity.
But this one is different. Worthy of our utmost attention and esteem. Driven by Chuck Grassley, R-Iowa, and Ron Wyden, D-Ore., and their bipartisan Senate Whistleblower Protection Caucus, this special day was first introduced by Senate resolution in 2013 to honor whistleblowers and the critical role they play in safeguarding our health and well-being. The Senate has passed the same resolution every year since.
Why July 30? Because on this day in 1778, the Continental Congress passed the country's first whistleblower law. It followed the jailing of two American sailors who reportedly blew the whistle on their commander for torturing British soldiers. The newly formed government wanted to show its clear support for speaking truth to power by making it "the duty of all persons in the service of the United States … to give the earliest information to Congress or other proper authority of any misconduct … committed by any officers or persons in the service of these states." Congress paid the legal fees for the jailed sailors, too.
Two and half centuries have passed, and whistleblowers pretty much face the same competing dynamic. On the one hand, there remains strong congressional support for whistleblowers and an ever-expanding bevy of legislation to protect and reward them.
The most prevalent of the whistleblower laws is the False Claims Act, which since the Civil War has deputized whistleblowers as private attorneys general to go after those who commit fraud against the federal government. Congress has strengthened it repeatedly in more recent times, increasing the incentives and protections afforded whistleblowers, including the right to a hefty slice of any government recovery (up to 30%).
The Dodd-Frank Act now offers similar rewards for whistleblowers reporting violations of the securities and commodities laws. So do freshly minted programs for whistleblowers reporting on auto safety issues, money laundering and foreign corruption. With additional programs just around the corner as Congress currently mulls over proposed whistleblower legislation in the areas of police reform, antitrust and consumer protection, just to name a few. Legislatively, this truly has become a Gilded Age for whistleblowers.