[Congressional Record (Bound Edition), Volume 154 (2008), Part 9]
[Extensions of Remarks]
[Page 12863]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  WHISTLEBLOWER PROTECTION LEGISLATION

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                       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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