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Whistleblowers Strengthen Our Republic, from the American Revolution to the 21st Century

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Our nation’s founders recognized the merits of blowing the whistle on government wrongdoing. How do we know? On July 30, 1778, the Continental Congress unanimously enacted whistleblower legislation, signaling for future generations that telling the truth is an act of patriotism.

The Congress of 1778 wrote: 

“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 other proper authority of any misconduct, frauds or misdemeanors committed by any officers or persons in the service of these states, which may come to their knowledge.” 

So, what prompted delegates just two years into the American Revolution to propose whistleblower protections in the first place? On February 19, 1777, 10 brave sailors aboard the USS Warren determined it was their duty to report wrongdoing against Commodore Esek Hopkins, Commander in Chief of the Continental Navy. Knowing they could be considered traitors in wartime, the sailors bravely issued a petition outlining Hopkins’ crimes, including his violation of orders to treat British prisoners humanely. They reported the Commander for torture and mistreatment “in a very unbecoming and barbarous manner.” 

Commodore Hopkins retaliated by slapping his accusers with a criminal libel suit. In response, the Continental Congress enacted legislation to protect the sailors, paving the way for whistleblowers to speak up. Despite scarce wartime resources, the Continental Congress put money behind the principle, agreed to defray litigation costs for the whistleblower defendants and publicly released records showing Commodore Hopkins’ dismissal. 

The Continental Congress empowered Americans to blow the whistle on waste, fraud and abuse. As Iowa’s U.S. Senator, I’m constantly conducting constitutional oversight, no matter which agency is stone-walling or how long it might take to get answers. Keeping my door open to whistleblowers is essential to doing just that. That’s why I seek robust application of anti-retaliation measures and keep check on the executive branch and federal judiciary to keep bureaucrats from undermining congressional intent. 

Workers, government contractors, civil servants and taxpayers who stick their necks out to report wrongdoing deserve the nation’s gratitude. I’ve called upon every president since Ronald Reagan to hold a Rose Garden Ceremony in honor of whistleblowers. And while no president has yet taken me up on the offer, I keep pushing for the opportunity to celebrate whistleblowers at the White House. 

More often than not, whistleblowers are treated like skunks at a picnic. I won’t stand for that. For decades, I’ve led efforts to enact and strengthen whistleblower protections for the unsung heroes who put their livelihoods and reputations on the line to shine much-needed sunlight. Namely, a pair of Pentagon whistleblowers instigated my crusade to root out wasteful defense spending. Chuck Spinney and Ernie Fitzgerald may not be household names, but they were instrumental to the landmark whistleblower laws I championed in the 20th century. 

My updates to the False Claims Act have helped recover over $75 billion to the federal treasury and thwarted untold billions more in potential fraud through deterrence. Thirty-five years ago, President George H.W. Bush signed the Whistleblower Protection Act I wrote to prevent government agencies from circumventing the Lloyd-LaFollette Act of 1912. That century-old law says federal employees have the right to share information with Congress. I’ve also worked to ensure federal agencies include the anti-gag provision to correct their illegal non-disclosure policies including the intelligence community. Over several Congresses, I’ve successfully established or strengthened whistleblower programs within the Securities and Exchange Commission, the IRS and the Commodities Futures Trading Commission. 

Whistleblowers’ selfless pursuit of the truth helps save lives, recover taxpayer dollars and hold wrongdoers accountable. The federal bureaucracy and corporate America have a reputation for cultivating a culture of “going along to get along.” Speaking up may not always be the popular thing to do, but it’s the right thing to do.

The public’s business ought to be public. The assassination attempt on former President Trump exposed a colossal security failure that demands answers. At my county meetings, Iowans have shared skepticism about what happened that day won’t come out. Just hours after the incident on July 13, my investigative staff was in touch with federal agencies. I opened a congressional investigation to ensure federal agencies protect whistleblower disclosures and preserve documents. 

The nation’s founders recognized transparency brings accountability. I’m proud to carry out this fundamental principle and champion courageous whistleblowers who stand on conviction, risking their jobs, reputations and careers in service to our country. As co-founder and co-chair of the Whistleblower Protection Caucus, I’ve introduced a resolution to recognize July 30 as National Whistleblower Appreciation Day. 

I’ll keep lending my ear in the legislative branch to whistleblowers willing to come forward to clean up corruption, root out wrongdoing, curb wasteful spending and report legal and regulatory violations. We need all hands on deck to strengthen our republic and restore public trust in government.

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