Lawmakers object to dismissal of Army Corps procurement executive

Members of Congress have called for an investigation into the recent removal of Bunnatine Greenhouse, who until Aug. 27 was a senior procurement executive at the Army Corps of Engineers. Greenhouse's lawyer said her removal was related to her outspoken critiques of the Army's contracting practices.

In June 27 testimony before the Senate Democratic Policy Committee, Greenhouse said a contract awarded to a Halliburton subsidiary during Iraq reconstruction violated federal acquisition rules. She said it was awarded without competition and that the subsidiary also participated in drafting the proposal, which should have excluded it from winning the contract.

"I can unequivocally state that the abuse related to contracts awarded to [Halliburton subsidiary Kellogg Brown and Root] represents the most blatant and improper contract abuse I have witnessed during the course of my professional career," she said in written testimony. She testified in a personal capacity, outside of her official role.

On Monday, Rep. Henry Waxman, D-Calif., Sen. Frank Lautenberg, D-N.J., and Sen. Byron Dorgan, D-N.D., sent a letter to Defense Secretary Donald Rumsfeld asking him to reinstate Greenhouse until he investigated the reasons for her dismissal. The letter said that the decision to remove her appears to be in retaliation for her June 27 testimony.

"Retaliation against employees for providing information to Congress is illegal and entirely unacceptable," the letter said.

A spokeswoman for Waxman said he will wait for a response before deciding on any further actions.

"She was raising significant concerns over contract abuse," said Michael D. Kohn, a partner at the Washington law firm Kohn, Kohn & Colapinto LLP, who is representing Greenhouse. "She was doing away with the old boys' network, and once the commander who had given her that responsibility retired, the old boys' network was after her head."

An Army Corps spokeswoman declined to provide any details on Greenhouse's removal, saying the agency does not comment on personnel matters. However, a June 3 letter written by Lt. Gen. Carl A. Strock, the Corps' commanding general, and provided to Government Executive by Kohn, said, "Ms. Greenhouse's removal from the SES is based on her performance and not in retaliation for any disclosures of alleged improprieties she may have made."

The Pentagon's inspector general's office is investigating Greenhouse's statements about potential violations of federal acquisition law. Gary Comerford, spokesman for the IG, said that as a matter of policy the office does not comment on specific investigations. He said, however, that on June 13 the IG told the Army that it "had no basis to request any suspension or delay of the proposed personnel action against Ms. Greenhouse."

Danielle Brian, executive director of the Project on Government Oversight, a Washington-based watchdog group, said protections for whistleblowers have eroded. "Ten years ago, it would have been harder to do this to a federal employee… We're seeing, anecdotally anyway, an upswing in blatant retaliation [for dissenting opinions] across government," she said.

Congress is currently considering legislation that would strengthen whistleblower protections for some federal employees.

Kohn has not yet filed a formal request for Greenhouse to be considered a whistleblower. He said he is preparing the request now.

"She raised concerns to powers of authority in order to correct a problem. That is what a whistleblower is," Kohn said. He added that Greenhouse's goal is to be reinstated.

In addition to contracts involving Iraq reconstruction, Greenhouse had leveled criticism at the Army Corps' efforts to "bundle" smaller contracts into larger packages, Kohn said. Greenhouse also said the agency had failed to make contracting opportunities available to minority groups, and charged that it showed a preference for large contractors, he said.

Greenhouse, who has worked in government contracting for 20 years, said she tried to address her concerns about the KBR contracts internally, but memos that she wrote were mysteriously lost. "In order to remain true to my oath of office, I must disclose to appropriate members of Congress serious and ongoing contract abuse I cannot address internally," she said in her June 27 testimony. "However, coming forward is not easy."