KBR Opinion Editorial Response to "Brownback, Roberts Vote Against Amendment that Would Ban Federal Contracts Going to Companies that Require Arbitration in Cases of Sexual Assault, Other Claims" – Lawrence Journal – World, October 2009

As the old saying goes, everyone is entitled to their own opinion, but not their own facts. Recent media coverage on an amendment proposed by newly- elected Senator Al Franken has not only misstated the facts on the arbitration issue, but the Jamie Leigh Jones case as well. KBR would like to set the record straight.

Regarding Senator Franken's amendment, it is ill-conceived and promotes frivolous lawsuits, increases litigation costs, and provides less monetary benefit, in many instances, to victims. For these very reasons, the Department of Defense, Chambers of Commerce and businesses, large and small, across the country are against the legislation.

Further, Senator Franken's amendment does not help employees. It hurts American business and erodes the ability of businesses to support our soldiers. Many companies have dispute resolution programs designed to address employee complaints timely and efficiently, without the delays and expense often associated with litigation. KBR is no exception. Under KBR's dispute resolution program, 95% of all employee complaints are resolved promptly to the employees' satisfaction and at no cost to the employee. This is not only good for employees it is good for business because it helps control costs, ultimately saving customers money, in this case, U.S. taxpayers. The few remaining claims not resolved by this process are heard before an independent arbitrator, chosen by both parties, who considers all the evidence and rules accordingly.

Regarding Jamie Jones there continue to be erroneous and inaccurate reports on the case, on which it appears Mr. Rothschild relied.

There is a repeated general assertion that Ms. Jones has been denied her day in court. Not true. A criminal investigation was conducted and found Jones' claims unsubstantiated. A State Department investigation in Iraq, in which numerous individuals, including Ms. Jones were questioned, found there was no evidence Ms. Jones had been sexually assaulted. Further, the Justice Department pursued a grand jury investigation in Florida in February 2008. After hearing all of the evidence, which included testimony from Ms. Jones as well as the firefighter she alleges sexually assaulted her, the grand jury decided to issue no indictments.

It has also been erroneously reported that Jones was imprisoned in a shipping container. Also false. Following her reported alleged assault, for her own safety, Jones was provided with a secure living container, or trailer, similar to that in which other KBR employees live (and the very kind in which Jones herself had requested to live). There, Jones phoned her family and was attended to by a female KBR employee who got her food and clothes and, upon Ms. Jones request, spoke with Jones' family to assure them of her safety. The employee also stayed with her for several hours until the State Department, to whom KBR reported the alleged assault immediately, arrived. Despite claims to the contrary, there were no armed guards outside her room. KBR safety personnel (who are never allowed to carry weapons) were in the area for Jones safety since her alleged assailant had not been identified at that time. KBR, not Congressman Ted Poe as has been repeatedly reported, then worked with the State Department to arrange for Jones to leave Iraq. KBR also provided a female counselor to escort Ms. Jones home to the United States.

To date, two formal investigations have been completed and neither resulted in any liability against Ms. Jones' alleged perpetrators. Despite these findings, Ms. Jones continues to pursue legal action against KBR.

There is no greater priority at KBR than the safety and security of its employees. Throughout the continued media blitz regarding Ms. Jones' case, assertions against KBR suggesting the contrary and a blatant disregard of the facts have perpetuated a biased, one-sided dialogue. The company intends to continue its vigorous defense and we believe we have the facts on our side. KBR remains committed to engaging in a transparent, fact-based dialogue and in turn, we expect and believe that, we as well as the public, deserve the same commitment from those in the media and in public office.