Whistleblower Protection Legislation

WHISTLEBLOWER PROTECTION LEGISLATION -- HON. CHRISTOPHER H. SMITH (Extensions of Remarks - June 18, 2008)

HON. CHRISTOPHER H. SMITH
OF NEW JERSEY
IN THE HOUSE OF REPRESENTATIVES
Wednesday, June 18, 2008

* Mr. SMITH of New Jersey. Madam Speaker, today I am introducing legislation that would close a loophole in the Department of Defense's whistleblowers' protection statute (10 U.S.C. Sec. 2409) and expand this safeguard to include the men and women of the DOD contracting business who report abuses to their superiors.

* Under current law, an individual is only protected--and therefore eligible for remedies--if he or she reports workplace security concerns to ``a Member of Congress or an authorized official of an agency or the Department of Justice.'' While I understand the importance of encouraging individuals to take their concerns to certain authorities, I believe it is imperative that we include in this authority an employee's superiors.

* It seems only natural, that once someone recognizes a problem within their work environment, they report it to their superiors. This is part of a normal progression of attempting to resolve issues and challenging tasks on the job. Few people initially contact their Congressman or the Department of Justice when they first observe an irregularity on the job.

* It is also important to note that many former military members migrate to the security contracting industry. Many of these men and women have years of previous service to our nation, have grown to respect their chain of command and understand the benefit it can provide in the workplace. When they have come to the conclusion that additional steps must be taken or when they have identified a significant problem in the work environment, these professionals are trained and encouraged to report their concerns to their superiors to enable them to assess the situation and foster a solution.

* Similarly, many in the federal security contracting industry come from a law enforcement background with a comparable command structure and respect for their superiors.

* The legislation I introduced today will ensure that those who identify problems within firms subcontracted by DOD are still afforded standard whistleblower protections even if they notify their employer about possible violations before they notify an agent of the federal government. The legislation does not require employees to notify their employer first and it does not preclude them from contacting federal officials, it simply protects employees who point out potential violations to their employer, the federal government or both. If an employee is dismissed prior to his/her notifying the government, but after notifying their employer, they will receive the necessary protections as well.

* The current loophole was brought to my attention by a New Jersey resident who worked for a private security firm that guards military installations in my district and throughout the country. This individual witnessed and documented a number of events that raised serious concerns regarding the contractor's ability to ensure the safety and security of the base and the surrounding community.

* Base security is not an issue to be taken lightly--anywhere and including in my state of New Jersey. As we all recall, in May of last year, the New Jersey U.S. Attorney's office arrested five men who were planning to attack another New Jersey installation, Fort Dix. After a thorough and aggressive law enforcement effort to thwart this attempted terror attack, the men accused have been detained and are awaiting trial. Still, the vulnerabilities at our military bases exposed by this incident cannot be minimized or dismissed.

* The individual who brought this loophole to my attention reported to his employer what he believed were unfulfilled contract requirements that resulted in questions regarding the firm's ability to provide adequate security. After his boss dismissed his concerns, he then scheduled a meeting with the base security personnel to discus the matter. Before this meeting could occur, the individual was fired by the firm and barred from the base. At that time, he brought these concerns to me. However, since the law requires that a potential whistleblower be a current employee at the time he/she discloses pertinent information to a federal official, it was too late for him to be eligible for protections and/or remedies. Specifically, my legislation would expand the universe of those to whom an individual can properly report concerns to include the individual's chain of command, before and after any retribution, so that the individual will be protected and have the right to be reinstated if an investigation shows that the individual was punished for bringing the matter to the attention of proper authorities.

* As we are all aware, in recent years the Department of Defense has looked increasingly to private security contractors to guard and police our military installations across the country. The men and women filling these positions deserve to be protected when they report violations and concerns to their superiors and especially if they are subsequently punished in an attempt by their employer to downplay or even cover up a violation. It is imperative that we amend the law to ensure that these employees are eligible for the same remedies as other whistleblowers.

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