Subject: File No. DF Title IX - Whistleblower
From: Evelynn Brown, J.D., LL.M
Affiliation: Whistleblower Advocacy Group

August 3, 2010

I applaud the Dodd Frank legislation to protect and compensate whistleblowers. A direct path to file in a U.S. District Court is badly needed for all whistleblowers, including federal employees.

However, there exists deep concern with the monumental problem within the federal government itself to comply with Office of Special Counsel (OSC) 2302(c)certification. Countless federal agencies are not in 2302 compliance because they did not take the Whistleblower Protection and No Fear Acts seriously. The SEC itself is not 2302 compliant and Dept. of Labor certification expired in June 2010. See website at

Federal agencies are corporations chartered with the duty to act as model employers. Existing EEOC law provides for whistleblower reprisal. Yet it is almost never provided by EEOC offices, nor is Alternative Dispute Resolution requirements honored. Hence, if federal government employees at the SEC are not properly trained and/or ill-advised legally in order to cover up wrongdoing, whistleblowers will not be protected and the public will not be served.

Without a foundation of sound public and agency policies and procedures on whistleblower protection, this new legislation is bound to fail. Any public policy, agency rule and regulation should include serious discussions with public policy experts and quite frankly, experienced whistleblowers.