National Security Whistleblowers Urge Better Protections
by Guest Blogger, 5/2/2005
The National Security Whistleblowers Coalition met with key congressional committee staff April 28, stressing the important role of whistleblowers that disclose security problems, and detailing the retaliation these individuals then encounter. On the same day, Rep. Edward J. Markey (D-MA) announced his intention to introduce legislation in the House to strengthen whistleblower protections.
After meeting with staff from the House Government Reform Committee and the Senate Judiciary and Armed Services Committee, the new coalition held a press conference. Sibel Edmonds, the FBI translator fired after exposing security problems within the agency, is lead organizer for the coalition. She testified about the current climate for whistleblowers, stating, "Currently we have no system in place that applies direct, individual accountability when it comes to retaliation against whistleblowers. Thus, there exists NO deterrence for those who engage in government waste, fraud, and abuse, and criminal activities that jeopardize our nation's security, interests, and wellbeing."
Edmonds had sued the FBI for wrongful termination, and oral arguments for her appeal began April 21. However, at the last minute, the U.S. Court of Appeals closed the hearing to the public and journalists, allowing only Edmonds and her attorneys into the courtroom. The government had already barred access to most of the information regarding Edmonds and her allegations -- it retroactively classified information presented during a congressional briefing, and classified a CBS 60 minutes interview featuring Edmonds. The court dismissed her initial lawsuit after the government argued it would divulge state secrets.
During the coalition's press conference, Markey promised to introduce legislation that would provide government whistleblowers similar protections to those in the Sarbanes-Oxley Act, a corporate accountability law that protects corporate whistleblowers. "It is preposterous that Congress, in the Sarbanes-Oxley Act, gave better whistleblower protections to employees of Enron or WorldCom who report accounting fraud than it gives to FBI employees, TSA baggage screeners, or nuclear reactor security guards who report serious risks to homeland and national security!" Markey said. An amendment version of his whistleblower improvements was rejected during the April 27 markup of the Homeland Security Authorization Act.
According to a press release from Markey's office, the upcoming bill would protect whistleblowers that disclose information about national security, a public health threat, or fraud, waste and mismanagement. Any retaliation against a whistleblower would be punishable by up to 10 years in jail. The bill would also permit a whistleblower to bring his or her case to civil court if the Department of Labor does not act on the case within six months. Additionally, the bill will stipulate that if the government exerts the state secret privilege and a case is not heard by the court, the whistleblower would automatically win.
As reported in the last OMB Watcher Sen. Daniel Akaka (D-HI) is the sponsor of whistleblower legislation currently moving through the Senate. The Senate Committee on Homeland Security and Governmental Affairs favorably reported out the bill, S. 494, on April 13.
Whistleblower protections are also being addressed outside of Congress. The Department of Defense issued a memorandum Jan. 7, modifying the agency's whistleblower policies. The memo explains that civilian employees working on intelligence issues are now covered by whistleblower laws. In addition, anyone that blows the whistle is protected from having security clearances revoked or modified in retaliation. While these changes are steps in the right direction, the protections for civilians and service members are still not equal. Civilians cannot report waste, fraud or abuse to a direct supervisor; service members can.
The Project on Government Oversight (POGO), supporting the need for changes in whistleblower protections, especially in the area of homeland and national security, released a report the day of the hearing. The report details the increase in national security whistleblowers since 9/11, and points out gaps in current law along with possible legislative solutions. The report, "Homeland and National Security Whistleblower Protections: The Unfinished Agenda," is available at POGO's website.