xTitle: Department of Defense Authorization Act of 1987
Statute:  10 U.S.C. §2409
Governing Agency: United States Department of Defense

General Overview:  This federal statute was passed into legislation in 1987 in order to expand the protections offered by its counterpart bill, the Department of Defense Authorization Act of 1984. The statute enacted in 1984 only provided protections to civilian employees employed by the Department of Defense. As military spending increased much of the defense contracts began to be outsourced to independent contractors. As this became more of a trend, protections for employee whistleblowers employed by these independent contractors became a necessity to prevent abuses of spending and other violations, especially since funds for these contracts come from tax dollars. In response to these frauds and abuses Section 2409 was written to shield employees who came forward and disclosed violations.

Who is covered?:     
  • Any employee of an independent contractor working on a defense contract for the United States Department of Defense.
Who is not covered?:
  • Civilian employees of the United States Department of Defense (they are covered by the Department of Defense Authorization Act of 1984)
What is covered?:
  • Employees covered under the Department of Defense Authorization Act of 1987 shall not have any personnel action taken against them for:
     -disclosing violations of law, rules, regulations or mismanagement that is taking place within one’s department

     -
reporting gross wastes of funds to U.S. Congress or the U.S. Department of Defense

     -reporting abuses of authority to U.S. Department of Defense

     -reporting dangers to public health and safety to U.S. Department of Defense
  • -Illegal retaliation by employers includes:
     -discharging claiming party

     -demotion

     -denial of promotion

       -threats

     -unjustified negative evaluations

     -increased surveillance

     -any other actions that would be considered criminal or would reasonably deter an individual from pursuing their rights

How do I submit a claim?- a Step-by-Step Approach :


1.       Any protected party who possesses a good-faith belief that they have been retaliated against for reporting an alleged violation may file a complaint with the Inspector General of the agency the contract is being performed for.

2.       If it determined complaint is not frivolous an investigation will be opened, headed by the Inspector General of the agency the contract is being performed for. After completion of investigation, reports of the findings are submitted to the claiming party, independent contractor, and the head of the agency.

3.       If the head of the agency determines the independent contractor has committed a violation under this act they may order the appropriate remedies. If a party fails to carry out the issued order, the head of the agency may file an action in U.S. District Court in the jurisdiction where the violation took place. The U.S. District Court may alter the relief.

4.       Either party has the right to appeal, but they must do so within 60 days of the date in which the original order was handed down by the Inspector General. The appeal will be filed in the U.S. Court of Appeals in the jurisdiction where the violation took place.

Rights and Remedies:
  • Equitable relief (injunctions)
  • Back pay (with interest)
  • Reinstatement to former position (with identical duties, benefits, salaries, responsibilities)
  • Reasonable attorney fees and other litigation costs if claiming party prevails
  • Compensatory damages
  • Exemplary damages
Related Links:

·         United States Department of Defense FAQ’s

·         Office of the United States Secretary of Defense