March 7, 2024. In his 2024 State of the Union address, President Joseph R. Biden emphasized the necessity for forward-thinking leadership in America, rejecting the outdated principles of hate and retribution in favor of a vision focused on the future. He outlined his hopeful perspective for a nation that defends democracy, upholds freedoms such as the right to choose, ensures fairness for the middle class and equitable taxation for the wealthy, addresses the climate crisis, and combats gun violence. Several topics in this year’s State of the Union are of note to whistleblowers, who are an essential part to realizing the President’s vision for the nation.
Buy American
In his address, President Biden underscored the administration’s commitment to the Buy American Act, which has existed since the 1930s. Under his leadership, there’s a renewed focus on ensuring that federally funded projects, including infrastructure improvements, not only utilize American-made products but also employ American labor, thereby fostering domestic job growth. Whistleblowers are crucial to ensuring government contractors comply with the Buy American Act, and violations of this act can be reported under the False Claims Act.
Bipartisan Infrastructure Law
President Biden highlighted the progress made under the Bipartisan Infrastructure Law during his address, noting the announcement of 46,000 new projects across various communities, which aim to modernize the nation’s infrastructure in the following areas. This includes upgrading roads, bridges, ports, and airports, as well as improving public transit systems. Additionally, the law focuses on environmental health by removing lead pipes to ensure clean drinking water and aims to provide affordable high-speed internet across all communities, irrespective of their location or political affiliation. Whistleblowers make sure the funding for these 46,000 new projects is actually being spent on said projects, calling out contracting fraud where they see it.
Drug Pricing
Because of the Inflation Reduction Act of 2022, the Centers for Medicare and Medicaid Services (CMS) are empowered to negotiate with pharmaceutical manufacturers as part of the Medicare Drug Price Negotiation Program. Additionally, as part of this Act, a month’s supply of insulin will cost no more than $35 for people covered by Medicare. Whistleblowers who obtain knowledge of drug pricing fraud schemes can be rewarded for reporting these under the False Claims Act.
Automotive Industry Whistleblowers
In his address, President Biden spotlighted the revitalization story of Belvidere, Illinois, a town whose auto plant, after nearly six decades, was on the brink of closure before his tenure began, casting uncertainty over thousands of jobs. The turnaround, attributed to persistent advocacy with auto companies and the diligent efforts of the United Autoworkers Union (UAW), culminated in a remarkable shift. Instead of witnessing the shutdown of its auto manufacturing base, Belvidere is now experiencing a renaissance. An advanced battery factory is under construction, aimed to serve the burgeoning electric vehicle market right in its backyard. In 2021, the National Highway Traffic Safety Administration (NHTSA) established a whistleblower program, to incentivize industry insiders to report potential vehicle safety defects and noncompliance with U.S. vehicle safety laws and regulations. A whistleblower reporting safety defects in Hyundai vehicles received a $24 million reward for stepping forward.
Women’s Health Research Funding
Originally announced in November 2023 and led by First Lady Jill Biden, the White House Initiative on Women’s Health Research is set to deliver tangible recommendations to improve the scope and impact of research on women’s health. The First Lady in February 2024 announced the federal government’s investment of $100 million in the Advanced Research Projects Agency for Health (ARPA-H)’s “Sprint for Women’s Health.” Potential whistleblowers both inside and outside of the federal government are needed as boots on the ground to make sure that funding goes towards research on “more than half of our population.”
To close the State of the Union, President Biden reaffirmed his commitment to serving all Americans, expressing his unwavering belief in the country’s potential and the American people’s role in shaping an optimistic future. He concluded by urging unity and collective action, reminding the nation of its limitless capabilities when working together as the United States of America. The courageous whistleblowers who come forward with original information about fraud are part of this collective effort to build a better America for everyone.
See our 2022 and 2023 guides to the State of the Union.
If you would like to report government contracting fraud, healthcare fraud, cybersecurity fraud, or customs fraud, contact the whistleblower attorneys at Tycko & Zavareei LLP. Eva Gunasekera and Renée Brooker are former officials of the United States Department of Justice and prosecuted whistleblower cases under the False Claims Act. Renée served as Assistant Director at the United States Department of Justice, the office that supervises False Claims Act cases in all 94 United States District Courts. Eva was the Senior Counsel for Health Care Fraud. Eva and Renée now represent whistleblowers. For a free consultation, you can contact Renée at [email protected] (tel.: 202-417-3664) or contact Eva Gunasekera at [email protected]. You can also go to Tycko & Zavareei LLP’s website for whistleblowers to learn more at www.fraudfighters.net.