Statement Of Bogdan Dzakovic
On Criminal Penalties For Whistleblowing Disclosures
Under The Critical Infrastructure Information Provisions
Of The Homeland Security Act
March 12, 2003

Thank you for requesting my views on job termination and possible imprisonment for whistleblowers under the Critical Infrastructure Information (CII) provisions of the Homeland Security Act. My name is Bogdan Dzakovic. Until I blew the whistle on government negligence of the kind that was apparent before, on and after September 11, I was a team leader of the Federal Aviation Administration's (FAA) Red Team. The Red Team conducted mock undercover raids and other tests of airport security to see if the airports could withstand threats from terrorists or hijackers.

A year ago, I received formal and informal recognition for publicly blowing the whistle on FAA misconduct with regard to these undercover raids and security tests. I disclosed that at times the agency blocked the Red Team from writing up the results of our mock security breaches.  We had breached security with frightening ease -- around 90 percent of the time. At other times we were barred by the FAA from going back and retesting airports to see if the problems had been fixed. This occurred after 100 percent failure rates in some cases. Finally, we were told to provide advance warnings to airports of when we would conduct our "undercover" raids and what we would look for. Surprise, surprise: the airports started passing the tests and the FAA praised the progress. In other words, the government was unwilling to go beyond maintaining appearances. It was unwilling to back up the test results with measures that would disrupt the politically powerful air carriers. The FAA’s public reassurances were a con. As the government and terrorists were well aware, we were sitting ducks.  Those were the facts of life before September 11.

The U.S. Office of Special Counsel found a substantial likelihood my charges were correct, and ordered an independent investigation by Secretary Minetta. The investigation is now nearing completion.  With my lawyers at the Government Accountability Project, I have worked hard to see that my efforts make a difference. My goal is to see that tragic attacks like September 11 will be unsuccessful the next time they are attempted.

Unfortunately, if the Critical Infrastructure Information (CII) law had been in effect when I blew the whistle, I could have been engaging in a criminal act by making these disclosures. To a significant degree, the FAA relied on information voluntarily submitted by industry prior to enactment of the Homeland Security Act. The new Department of Homeland Security’s Red Team-type testing will rely on similar information that could routinely be marked as CII under the new law.  

Blowing the whistle has already made a difference in one way: I was stripped of all meaningful duties, and have not been allowed near an airport or even to talk with any of my successors on the Red Team. Their qualifications, experience and training have been so deficient that they are known in aviation circles as the "Pink Team." Instead, the agency has only allowed me to staple background information and punch holes in binding materials for new hires. My current assignment is to answer the phone on the graveyard shift, among other miscellaneous duties.   I can't act on anything that I learn, but instead must wake up someone else who has the authority to act. As surreal as this retaliation has been for me, at least I have been able to sustain my paycheck, pay the bills and walk the streets. None of that would have been likely if the CII law were in effect. I might have been fired automatically and gone to jail.

That is dangerous, because the public has a right to know.  The facts of life about genuine airport security have not changed since September 11.  Despite long lines and draining demands on passengers, in my opinion the airports are not safer today.  Our airports are nearly as vulnerable as before the first tragedy and the taxpayer is spending a fortune to maintain this vulnerability.

The bottom line is simple. The CII law is a formula to make criminals out of and purge whistleblowers from the federal government when they try to prevent national security, public health or safety, or other disasters caused by secrecy.  A few years ago our nation blocked an Official Secrets Act, because it would create criminal penalties for blowing the whistle with classified information. This law threatens to send us to prison for warning the public with unclassified information.

This type of rule doesn't make our country safer. It is a plan to lock in secrecy as an enforcement mechanism for cover-ups. It means the next time Americans die due to a preventable disaster, we won't be able to find out what went wrong.  Nor will we be able to ensure that the problems that caused the disaster are fixed.

Contact information:

Bogdan Dzakovic
c/o Tom Devine
Government Accountability Project
Tel:  (202) 408-0034, ext. 124
Cell:  (240) 888-4080
E-mail:  whistle47@aol.com.