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Stop Congress from undercutting whistleblowers who expose money laundering and terrorist financing

This week, Congress will be voting on the 2021 National Defense Authorization Act (NDAA) conference report with the stated intent to protect whistleblowers who disclose money laundering and terrorist financing.

Although the National Whistleblower Center supports Congress’ intent to protect and incentivize whistleblowers, the NDAA contains two provisions that would be highly destructive if they are included in the final version.

If passed as written, whistleblowers would be denied any guarantee of a meaningful reward, an important incentive found in other major whistleblower laws that alleviates personal and professional costs arising from whistleblowing. In addition, the anti-retaliation provisions fail to protect employees at FDIC-insured banks and credit unions, leaving these employees covered only under older and ineffective laws that have failed to work for years.

If these two rollbacks are passed, Congress will undermine the intent of whistleblowing laws, discourage whistleblowers, and undercut efforts by law enforcement agencies to fight money laundering and terrorist financing.

So, please, take action today and write to your members of Congress demanding they amend the NDAA conference report to meet the standard of top U.S. whistleblower laws. Every minute counts.

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Stop Congress from undercutting whistleblowers who expose money laundering and terrorist financing

On December 8^th, members of Congress will be voting on the 2021 National Defense Authorization Act (NDAA) conference report with the stated intent to include whistleblower protections contained in the money laundering title. But the NDAA provisions contain two rollbacks that will be highly destructive. So, please, take action today and write to Congress demanding they amend the 2021 National Defense Authorization Act conference report to protect whistleblowers.

Write to your Representatives today

Subject: Please amend the 2021 National Defense Authorization Act conference report to whistleblowers protect money laundering whistleblowers

Message:

Dear Representative, I’m writing to you today regarding an urgent matter concerning the whistleblower protection provision included in the money laundering title (Title LXIII) of the 2021 National Defense Authorization Act, H.R. 6395 [“NDAA”]. The title’s whistleblower provisions, Section 6314, contains two provisions that would be highly destructive to whistleblowers and whistleblower programs if not removed. The first permits the Department of Treasury to effectively deny a meaningful reward to a qualified whistleblower – an approach contrary to the most effective whistleblower laws such as the False Claims Act and the Dodd Frank Act. Should a whistleblower step forward exposing a $200 million fraud, the Treasury Department could approve a reward in the amount of $1.00, which would not be subject to review. Whistleblowers who step forward to expose crime and corruption put their livelihoods on the line, and mandatory rewards have proven to be an invaluable incentive to alleviate the personal and professional costs arising from whistleblowing. The bill contains anti-retaliation provisions that fail to protect employees at FDIC-insured banks and credit unions, leaving these employees covered only under older and ineffective laws that have failed to work for years. Correcting the proposed language and changing these rollbacks requires only two minor changes in the legislation: 1. The language in the current bill permits a reward “up to 30%.” The original Senate bill that Section 6314 was modeled provided a maximum award of 30%, but also mandated a minimum award of “not less than 10 percent.” This is the precise current language in the Dodd-Frank Act’s highly successful whistleblower law. See 7 U.S.C. § 28(b)(1)(A) and 15 U.S.C. § 78u-6(b)(1)(A). The language from the Illicit Cash Act and the Dodd-Frank Act should be incorporated into § 6314. 2. Section 5323(g)(6), which excludes from coverage any whistleblower who is employed by an FDIC-insured bank or credit agency, should be cut. I support Congress’ intent to incentivize whistleblowers to report illegal money laundering and terrorist financing, but these rollbacks will undermine this stated intent and discourage whistleblowing. Congress must ensure that those who blow the whistle on money laundering and terrorist financing benefit from the same reporting, protection, and reward standards of other whistleblowing laws such as the Dodd Frank Act. Thank you for your attention to these critical and urgent matters. If you have any questions, please contact the National Whistleblower Center at info@whistleblowers.org. Sincerely,

Remaining:

U.S. Senators

Subject: Please amend the 2021 National Defense Authorization Act conference report to whistleblowers protect money laundering whistleblowers

Message:

Dear Senator, I’m writing to you today regarding an urgent matter concerning the whistleblower protection provision included in the money laundering title (Title LXIII) of the 2021 National Defense Authorization Act, H.R. 6395 [“NDAA”]. The title’s whistleblower provisions, Section 6314, contains two provisions that would be highly destructive to whistleblowers and whistleblower programs if not removed. The first permits the Department of Treasury to effectively deny a meaningful reward to a qualified whistleblower – an approach contrary to the most effective whistleblower laws such as the False Claims Act and the Dodd Frank Act. Should a whistleblower step forward exposing a $200 million fraud, the Treasury Department could approve a reward in the amount of $1.00, which would not be subject to review. Whistleblowers who step forward to expose crime and corruption put their livelihoods on the line, and mandatory rewards have proven to be an invaluable incentive to alleviate the personal and professional costs arising from whistleblowing. The bill contains anti-retaliation provisions that fail to protect employees at FDIC-insured banks and credit unions, leaving these employees covered only under older and ineffective laws that have failed to work for years. Correcting the proposed language and changing these rollbacks requires only two minor changes in the legislation: 1. The language in the current bill permits a reward “up to 30%.” The original Senate bill that Section 6314 was modeled provided a maximum award of 30%, but also mandated a minimum award of “not less than 10 percent.” This is the precise current language in the Dodd-Frank Act’s highly successful whistleblower law. See 7 U.S.C. § 28(b)(1)(A) and 15 U.S.C. § 78u-6(b)(1)(A). The language from the Illicit Cash Act and the Dodd-Frank Act should be incorporated into § 6314. 2. Section 5323(g)(6), which excludes from coverage any whistleblower who is employed by an FDIC-insured bank or credit agency, should be cut. I support Congress’ intent to incentivize whistleblowers to report illegal money laundering and terrorist financing, but these rollbacks will undermine this stated intent and discourage whistleblowing. Congress must ensure that those who blow the whistle on money laundering and terrorist financing benefit from the same reporting, protection, and reward standards of other whistleblowing laws such as the Dodd Frank Act. Thank you for your attention to these critical and urgent matters. If you have any questions, please contact the National Whistleblower Center at info@whistleblowers.org. Sincerely,

Remaining:

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Stop Congress from undercutting whistleblowers who expose money laundering and terrorist financing

Stop Congress from undercutting whistleblowers who expose money laundering and terrorist financing

Stop Congress from undercutting whistleblowers who expose money laundering and terrorist financing

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Stop Congress from undercutting whistleblowers who expose money laundering and terrorist financing

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Stop Congress from undercutting whistleblowers who expose money laundering and terrorist financing

Stop Congress from undercutting whistleblowers who expose money laundering and terrorist financing

Stop Congress from undercutting whistleblowers who expose money laundering and terrorist financing

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Stop Congress from undercutting whistleblowers who expose money laundering and terrorist financing

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