The Department of Defense Whistleblower Program in the United States is a whistleblower protection program within the U.S. Department of Defense (DoD), whereby, DoD personnel are trained on whistleblower rights.
The Inspector General's commitment fulfills, in part, the federal mandate to protect whistleblowers. It also administers the Defense Intelligence Community Whistleblower Protection Program (DICWP), as a sub-mission for the intelligence community.Inspector General of the U.S. Department of Defense, Semiannual Report to the Congress (2009). The Inspector General's Defense Criminal Investigative Service also conducts criminal investigations which rely, in part, on Qui Tam relators.
Recent history Whistleblowers disclose acts of illegality, fraud, waste, and abuse. This can prevent government failure in the future,Marie Gilbert, "Hagerstown man one of 34 finalists for the 2011 Samuel J. Heyman Service to America Medals ", The Herald-Mail (Hagerstown, Maryland), 27 August 2011. but whistleblowers can then be targeted for retaliation, "smeared as traitors, turncoats and liars by their superiors and suffer harassment, punishment or firing". The Department of Defense Whistleblower Program is increasingly focused on disclosures which will aid in resolving the United States' national security threat due to fiscal failure:
In 2009, the Office of the Inspector General, U.S. Department of Defense targeted the Whistleblower Protection Program as a top priority. For more than 20 years, the DoD IG has investigated whistleblower reprisal allegations involving the Department's military members, civilian employees, and Defense contractor employees. Through informational articles, posters, and briefings, the DoD IG significantly increased public awareness of whistleblower programs.
It also provided information to Members of Congress regarding legislation able to strengthen whistleblower protections. Amendments to the statutes have broadened their application and expanded the protections for whistleblowers.
Although multiple laws cover employees in different categories, there is a common thread running through each federal whistleblower statute enforced by the Inspector General. Congress entrusted the DoD IG with either conducting or overseeing inquiries and investigations into whistleblower reprisal allegations.Office of the Inspector General, U.S. Department of Defense (April 1, 2009 - September 1, 2009) at 13 .
During the first half of FY 2010, DoD IG closed 432 cases involving whistleblower reprisal and senior official misconduct. The case substantiation rate for full investigations of reprisal allegations was 20 percent and 15 percent for investigations of senior official misconduct. Highlights include the following:
A 54 percent increase in staffing (authorized in May 2009) is producing results with respect to reduced investigation cycle time and is also providing for surge capability in high-profile cases requiring quick resolution; Nearly 40 percent of senior official cases and 33 percent of civilian reprisal cases were of interest to the Congress and the Secretary of Defense; the majority of military reprisal cases involving congressional interest were answered by the service IGs; Investigators received training in policy and procedures governing newly granted IG authorization to issue testimonial subpoenas; The Military Reprisal Investigations Directorate is in the process of implementing 12 recommendations made by the DoJ OIG, in its July 2009 report entitled "A Review of the Department of Defense Office of Inspector General's Process for Handling Military Whistleblower Reprisal Allegations", including additional staffing, improved policies and procedures, communications with complainants and service IGs, and obtaining authorizations for dedicated training staff; A RAND study was completed that was co-sponsored with the Office of Under Secretary of Defense (Personnel and Readiness) that reviewed processes for reporting adverse information in support of the OSD senior uniformed officer nomination process.Inspector General of the United States, Semiannual Report to the Congress (Oct. 1, 2009 - March 31, 2010) at 37 .
During 2011, DCIS reviewed 138 qui tam referrals that resulted in 56 investigations. Highlights include: On March 23, 2012, it was announced that Lifewatch Services would resolve allegations of fraud against the company by paying an $18.5 million civil settlement. American Grocers, Inc. case resulting in a $13.2 million return. Boeing case resulting in a $25 million return. Northrop Grumman case resulting in a $325 million return to the federal government.
On February 25, 2011, the inspector general released its report, a cooperative effort with the inspectors general of the National Security Agency and the Defense Intelligence Agency, involving defense intelligence community employees. The report was the ninth case in a series of oversight actions beginning in 2004.
DoD IG currently has five cases of alleged reprisal against civilian employees of the intelligence community engaged in national intelligence work and ten cases of alleged reprisal against civilians engaged in military intelligence work.
Evolution
DoD's whistleblower program holds its origins in the Defense procurement scandals of the 1980s. Stories concerning overpriced spare parts and underperforming weapon systems dominated media headlines. Members of Congress concerned about those issues championed the cause of whistleblowers alleging they were reprised against for exposing procurement-related wrongdoing.
In the years following, Congress has enacted, and amended, a series of laws aimed at protecting civilian appropriated-fund employees, military members, appropriated and nonappropriated fund employees, and Defense contractor employees from reprisal for engaging in whistleblowing activities.Office of the Inspector, U.S. Department of Defense (April 1, 2009 to September 31, 2009) at 13 .
While procurement fraud was driving the statutory and regulatory reforms generally, Congressional oversight beginning with the Church Committee hearings of the mid-1970s led to reform within the federal intelligence and counterintelligence communities. As early as December 1982, the Secretary of Defense mandated that "no adverse action [be] taken against any employee because the employee reports" questionable activities within the intelligence community.
Seven years prior to the passage of the Whistleblower Protection Act of 1989, the Department of Defense was already working through the lessons learned by other branches of the federal government over the previous decade.
A year later in 1983, Congress passed a law prohibiting reprisals against non-appropriated fund employees for blowing the whistle on wrongdoing at military base facilities. In 1986, the first statute aimed at Defense contractor employee whistleblower protection was enacted.
At this time, members of the Congressional Military Reform Caucus also became concerned about military service members who chose to "blow the whistle" on DoD waste, fraud, and abuse. One specific story involved an Air Force colonel working on the development of the Bradley Infantry Fighting Vehicle. He openly challenged whether the operational testing of the vehicle was realistic enough. This angered Army officials to the extent that they threatened him with an unfavorable reassignment in reprisal. His reassignment was cancelled after congressional intervention. This whistleblower event became the subject of a 1998 movie called The Pentagon Wars.
In 1987, a congressional committee held hearings on whistleblower protections for military service members. Responding to the testimony from, and press reports about, service members who claimed they were punished for reporting wrongdoing to members of Congress and Inspectors General, Congress passed the Military Whistleblower Protection Act, title 10, United States Code, Section 1034.
In the early 1990s, Congress enhanced protections for military members after learning about reports that service members who "blew the whistle" were being sent for involuntary mental health evaluations in reprisal. Congress added that a referral for an involuntary mental health evaluation was an unfavorable personnel action under Title 10 U.S.C. 1034 and required the Department to implement strict regulations governing the referral process to ensure service members' due process.
In 1996, the National Security Agency proactively issued the first whistleblower protection directive authored by a Defense intelligence agency.
The same year, the U.S. Office of Special Counsel suggested that executive branch agencies establish an ombuds system to assist appropriated fund whistleblowers within the federal government.
DoD Whistleblower Program
To realize this vision, the IG is continually reassessing its programs, evaluating the need for legislative changes, and expanding the awareness of the protections available to whistleblowers in all categories. Some of the more significant issues for the future include:
Protections for Title 32 Military Technician employees, expanding the U.S. Office of Special Counsel Section 2302(c) Certification effort throughout the Department, and improving the protections for appropriate fund employees within the intelligence community. DoD IG recognizes the service and importance of whistleblowers and how their disclosures ultimately benefit the Department, the taxpayer, and most importantly—America's warfighters, and will continue to promote the protections afforded whistleblowers within the Department. Only through effective enforcement and robust education can DoD IG create an environment where DoD employees feel comfortable coming forward to raise concerns about waste, fraud, and abuse without the fear of reprisal.Office of the Inspector General, U.S. Department of Defense (April 1, 2009 to September 31, 2009) at 13 .
The Deputy Inspector General for Administrative Investigations is assigned the mission of ensuring that allegations of whistleblower reprisal are resolved in an objective and timely manner.
At the end of FY 2011, DoD IG merged the military reprisal investigations and civilian reprisal investigations into the newly established Whistleblower Reprisal Investigations Directorate within the Office of the Deputy Inspector General for Administrative Investigations. The consolidation of these directorates enabled DoD IG to increase efficiency and consistency in investigative procedures.
Formerly, The Deputy supervised:
The Civilian Reprisal Investigations (CRI) directorate, working in coordination with U.S. Office of Special Counsel, reviews and investigates allegations of reprisal filed by DoD appropriated fund civilian employees. The Military Reprisal Investigations (MRI) directorate has the statutory responsibility to investigate allegations of whistleblower reprisal filed by military members, DoD non-appropriated fund employees, and DoD contractor employees.
Left outside the reorganization was the Deputy's other direct report office:
The Investigation of Senior Officials (ISO) directorate works reprisal cases drawing upon the subject-matter experts of CRI and MRI, as needed, while ISO investigations allegations of wrongdoing by Flag officers and members of the Senior Executive Service.
Reprisal investigations WRI is responsible for conducting and reviewing investigations conducted by the military service and defense agency IGs into allegations of whistleblower reprisal made by DoD military service members, non-appropriated fund employees and DoD contractor employees under Title 10 of the United States Code and American Reinvestment and Recovery Act.