May 26, 2013

Department of Health and Human Services FDA Spying on Employees Also Violated Agency Rule & Regulation

Below we are releasing several documents to show how the Department of Health and Human Services (HHS) management is not just violating the rights of employees and federal law, but also violating agency rule and regulation.  Of which, all Operational Divisions, and the Office of General Counsel are part of a task force writing rule, regulation and policy.

First, we release the response to our Freedom of Information Act (FOIA) of the annual reports to Congress, mandated by federal law; No Fear Act, Section 203. This is an important issue because no federal agency is exempt from filing these reports to Congress.

However, based on the response, HHS Office of the Inspector General, Office of Civil Rights, Office of General Counsel and Office of the Secretary did not file any reports and apparently do not take legally mandated reporting to Congress very seriously.  This bolsters Senator Grassley’s claim that the Food and Drug Administration (FDA) stonewalled his requests for information.  We believe that the Grassley investigation will lead to a finding of widespread abuses of employee rights in all HHS Operational Divisions.  Hats off to the National Whistleblowers Center for exposing HHS and representing the whistleblowers; yejkwz

Second, we release a copy of the spreadsheet of funds paid by the U.S. Treasury for HHS litigation.  A preliminary reviews shows the numbers do not reflect an accurate representation of requirements under the No Fear Act.  We are studying this document carefully and information of discrimination and whistleblower retaliation cases found on the HHS website.

Third, we provide a copy of a HHS No Fear Act PowerPoint presentation that all employees and contractors, including management officials and political appointees are required to complete.  The agency acknowledges their obligation to file the annual No Fear Act reports to Congress and the extensive protections federal employees should receive when whistleblowing.

Lastly, I release a copy of an inquiry received when employed by HHS from Congressman Mike Honda.  I was immediately threatened and instructed twice not to respond to the Congressional inquiry.  These documents were provided by the HHS Office of the Inspector General via a FOIA request for the investigative report.  The HHS IG began the investigation in September 2007 based on whistleblowing of grantee fraud, conspiracy to commit fraud by HHS employees and dangers to public health and safety.  Namely lack of State licensure of group homes, foster care facilities and resident homes to care for children and failure to background check and fingerprint grantee employees.

THE FOLLOW STATUTE VIOLATIONS WERE NOTED IN THE IG REPORT.
18 U.S. Code § 287 False Claims, 18 U.S. Code § 1341 Mail Fraud, 18 U.S. Code § 371
Conspiracy, 5 U.S. Code § 2302(b)(8) Whistleblower Retaliation.

 

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