A new report released by the Project On Government
Oversight says the government is failing to protect
employees who come forward and voice concerns about
national and homeland security weaknesses and has made
it easier to retaliate against them.
The report, handed out at a recent congressional hearing
attended by the newly formed National Security
Whistleblowers Coalition, calls the Whistleblower
Protection Act nearly “defunct” due to a series of
“hostile” judicial rulings by the Federal Circuit appeals
court that has exclusive review of whistleblower cases.
The report advocates “normal appellate court review” for
complaints, noting that the Federal Circuit has ruled in
favor of just one of 96 cases in the past ten years “on
the merits in favor of whistleblowers.” It argues that
congressional intention is to cover employees who report
wrongdoing in any context.
Whistleblowers in intelligence agencies such as the
Federal Bureau of Investigation, the Central Intelligence
Agency and Transportation Security Administration — namely
its 45,000 security screeners — lacking the option of
seeking protection in court for alleged retaliations
against them have to appeal internally, which may lead to
further retaliation to keep them quiet, according to the
report.
“Congress has been derelict in its duty of ensuring that
government employees can feel safe enough to express their
concerns. Whistleblower retaliation sends a clear message
to employees: Don’t bother risking your career to improve
homeland security. Security weaknesses fester under the
cloak of government secrecy,” said Danielle Brian,
Executive Director of POGO.
“Homeland and National Security Whistleblower Protections:
The Unfinished Agenda,” is available here:
http://www.pogo.org/p/government/ga-050403-whistleblower.html