[Congressional Record Volume 140, Number 90 (Wednesday, July 13, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 13, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
   INTRODUCTION OF THE INSPECTOR GENERAL REFORM ACT OF 1994 AND THE 
            WHISTLEBLOWER PROTECTION ENHANCEMENT ACT OF 1994

                                 ______


                        HON. JOHN M. SPRATT, JR.

                           of south carolina

                    in the house of representatives

                        Wednesday, July 13, 1994

  Mr. SPRATT. Mr. Speaker, on June 29, 1994, I introduced two bills, 
H.R. 4679, the Inspector General Reform Act of 1994, and H.R. 4680, the 
Whistleblower Protection Enhancement Act of 1994. The first bill would 
increase the independence and strengthen the operations of the officers 
of inspectors general [OIGs]. The second bill would increase 
protections for whistleblowers providing information to the Congress 
and the IGs. These two bills are designed to achieve two goals, improve 
the IGs' effectiveness and increase protection of whistleblowers 
providing information to the Congress and the IGs.
  Before describing the major provisions, I would like to preface my 
remarks by expressing the hope that these bills will serve as a 
starting point and catalyst to stimulate discussion and help frame the 
debate in the Congress and the administration. I want to make clear at 
the outset that, while there is an evidentiary basis for the proposals 
in my legislation, I am open to other proposals, as well. I recognize 
that these bills may be controversial. Some may think that these two 
bills go too far, and others may think that they do not go far enough 
in reforming the present system. I very much look forward to receiving 
comments, both positive and negative, about these two measures. I plan 
to work closely with my colleagues in Congress, the IG community, the 
GAO, the administration, and all other interested parties in fashioning 
legislation which will pass the Congress and become law.
  While hearings have not yet been held, the staff of the Commerce, 
Consumer, and Monetary Affairs Subcommittee of the Committee on 
Government Operations has extensively researched these issues, 
consulted with experts, and reviewed the literature. First, it has 
surveyed the Congressional Research Service, the General Accounting 
Office, and congressional committee staff. Second, it has reviewed 
legislative history and congressional oversight hearings and reports on 
the implementation of the IG Act, including oversight by the Committee 
on Government Operations. Third, it has reviewed other written 
literature, including articles, a recent scholarly book,\1\ and work by 
the Administrative Conference of the United States.\2\ We also reviewed 
the 1993 National Performance Review's recommendations pertaining to 
the IGs. The subcommittee staff has also relied on its oversight 
experience in monitoring the work of OIG offices over the years.
---------------------------------------------------------------------------

     \2\See footnotes at end of article.
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                  inspector general reform act of 1994

  The IG reform legislation would: Expand the IG's mission to include 
program evaluations and inspection assessments, focussing on those 
programs especially vulnerable to waste or fraud (consistent with the 
recommendations of the Vice President's National Performance Review); 
provide for greater independence for and better selection of IGs, by 
establishing 5-year terms, a conflict of interest provisions applicable 
to IG personnel, grounds for removal of IGs, specific IG authority to 
obtain space and hire legal counsel free from agency control, and 
removal of the IGs from both direct and indirect control of agency 
staff; improve protection for whistleblowers cooperating with the IGs; 
increase the dissemination of IG reports to the public and the amount 
of information in them, while reducing the semi-annual reporting 
requirement to an annual one; increase the effectiveness of IG criminal 
investigations, by requiring (1) earlier consultation and coordination 
between the IGs and Justice Department (DOJ) prosecutors in criminal 
cases, and (2) an expedited procedure for DOJ consideration of IG 
requests for grants of law enforcement authority to IG agents; direct 
IGs to monitor personnel actions taken by agency management in response 
to IG findings of serious misconduct and provide an opportunity for 
review by agency heads; and expand the investigative and oversight 
powers of the DOJ IG to cover the entire Justice Department, including 
all law enforcement and prosecutorial personnel, who are now exempt 
from such scrutiny.
  As repeatedly evidenced during congressional hearings and in the 
literature, there are forces which can and sometimes do curtail the 
independence of the 53 OIGs. The current IG statute is internally 
inconsistent on the issue of IG independence. On the one hand, current 
law grants some independence to the larger agency IGs through its 
presidential appointment and its prohibitions on agency attempts to 
prevent or prohibit OIG audits and investigations. On the other hand, 
it makes the IG an inherent part of each agency. For example, the IG 
one, is supervised by the head of each agency who can set priorities 
and eventually discourage certain IG investigative or activity; Two, is 
dependent on office supplies, space, and often legal counsel from the 
agency; and three, must obtain the agency's approval for the IG's 
budget submission to OMB. Moreover, the heads of the smaller agencies 
select and often more closely supervise their own IG's, making those 
IG's potentially even less independent. Also, some IG personnel have 
previously worked for other units in the agency they now oversee, which 
can create a conflict of interest. In addition, although the IG's for 
larger agencies are appointed by the President, in truth, they are 
often selected by the heads of those agencies which they are supposed 
to police.

  In a 1988 report, the Government Operations Committee discussed 
several instances of interference.\3\ In some agencies, the IG's role 
may be viewed as seeing, speaking, and hearing as little evil, as 
possible. Consequently, many knowledgeable observers and some former IG 
officials have supported increased independence and protection from 
agency interference. Some suggestions have included one, a term of 
years for the IG's--the bill sets 5 years--and two, restrictions on the 
President's power to remove IG's, not for partisan or policy reasons 
but only for good cause, such as inefficiency or neglect of duty, which 
this legislation would do.
  I believe that it is possible for IG's to work with agency heads in 
close consultation on a regular basis to improve agency performance 
without losing their independence, provided that certain protections 
are written into the statute. That is what my proposed legislation 
seeks to open up for debate and for consideration during Government 
Operations Committee hearings, tentatively planned for sometime this 
year.


            whistleblower protection enhancement act of 1994

  This bill would provide a remedy for those Executive branch employees 
who provide information to the Congress and are thereafter punished, in 
violation of 5 U.S.C. 7211\4\. Under this bill any agency interference 
with or denial of an employee's right to provide certain information to 
Congress would constitute a prohibited personnel practice under the 
Whistleblower Protection Act of 1989, which would enable employees to 
seek the help of the Office of Special Counsel and to appeal to the 
Merits Systems Protection Board. The bill would confer protection for 
those employees who reasonably believe that the information they are 
furnishing to the Congress evidences a violation of law or regulation 
or gross mismanagement or waste of funds. Congress does have a special 
obligation to protect those whistleblowers who risk their careers when 
providing the Congress with such information.

  The bill would also confer additional protection on those employees 
providing information to the IG's. Many employees reporting allegations 
of mismanagement or misconduct have complained that IG's do not keep 
their names confidential from their managers, in violation of the 
spirit, if not the letter, of the IG statute, and that such revelations 
cause agency reprisals against them. This can negatively impact the 
reporting of important information to IG personnel and leaves employees 
with the impression that OIG's cannot be trusted to protect their 
sources. This practice seems to be a widespread one throughout the 
Government. As reported in the Washington Post in the spring of 1993, 
Vice President Gore had a meeting with Federal employees at one agency 
who accused their IG of routinely disclosing their identities and being 
too close to the department. The legislation would absolutely prohibit 
OIG identification of such employees, with an exception for Federal 
prosecutors needing such information during a criminal investigation.
  OIG's do not routinely investigate retaliation against cooperating 
employees or even advise whistleblowers of their rights under both the 
Whistleblower Protection Act of 1989 and the Civil Service Reform Act 
of 1978. By not advising employees of their rights under these two 
statutes, the OIG's often leave the employees in the dark. Therefore, 
the bill would require OIG staff to disclose those rights and would 
improve the protection of those employees reporting information to the 
IG's. As a result, it would help ensure the continued flow of such 
information.
  In sum, the current remedies to protect whistleblowers are 
inadequate. If Congress wants to encourage whistleblowers to come 
forward in order, it must confer greater protection on those 
whistleblowers.


                               footnotes

     \1\``Monitoring Government: Inspectors General and the Search 
     for Accountability,'' Paul C. Light, the Brookings 
     Institution and the Governance Institute, Washington, DC, 
     1993.
     \2\Transcript of a March 3, 1993, Meeting, entitled, 
     ``Inspectors General: An Institution in Need of Reform'', 
     Office of the Chairman, Administrative Conference of the 
     United States.
     \3\This included an investigation seriously mishandled by the 
     Interior Department's IG because of pressure from the 
     Secretary. See House Report 100-1027, ``The Inspector General 
     Act of 1978: A 10-Year Review'', 61st Report by the Committee 
     on Government Operations, House of Representatives, October 
     3, 1988.
     \4\That provision states: ``The right of employees, 
     individually or collectively, to petition Congress or a 
     Member of Congress, or to furnish information to either House 
     of Congress, or to a committee or Member thereof, may not be 
     interfered with or denied.''
  


                       SENATE COMMITTEE MEETINGS

  Title IV of Senate Resolution 4, agreed to by the Senate on February 
4, 1977, calls for establishment of a system for a computerized 
schedule of all meetings and hearings of Senate committees, 
subcommittees, joint committees, and committees of conference. This 
title requires all such committees to notify the Office of the Senate 
Daily Digest--designated by the Rules Committee--of the time, place, 
and purpose of the meetings, when scheduled, and any cancellations or 
changes in the meetings as they occur.
  As an additional procedure along with the computerization of this 
information, the Office of the Senate Daily Digest will prepare this 
information for printing in the Extensions of Remarks section of the 
Congressional Record on Monday and Wednesday of each week.
  Meetings scheduled for Thursday, July 14, 1994, may be found in the 
Daily Digest of today's Record.

                           MEETINGS SCHEDULED

                                JULY 15
     9:00 a.m.
       Foreign Relations
         To hold hearings on the nominations of Phyliss E. Oakley, 
           of Louisiana, to be an Assistant Secretary of State for 
           Population, Refugees and Migration, and Richard L. 
           Greene, of Maryland, to be Chief Financial Officer, 
           Department of State.
                                                            SD-419
       Joint Economic
         To hold hearings to examine the recent economic 
           developments in the former Soviet Union and the 
           countries of Eastern and Central Europe.
                                                            SD-628
     9:30 a.m.
       Environment and Public Works
         To hold hearings on the designation of the National 
           Highway System.
                                                            SD-406

                                JULY 19
     9:00 a.m.
       Environment and Public Works
       Clean Water, Fisheries and Wildlife Subcommittee
         To resume hearings on proposed legislation authorizing 
           funds for programs of the Endangered Species Act, 
           focusing on conservation on private lands.
                                                            SD-406
     9:30 a.m.
       Energy and Natural Resources
         To hold hearings on S. 2151, to direct the Secretary of 
           the Interior to convey certain lands in the State of 
           California.
                                                            SD-366
     10:00 a.m.
       Finance
         Business meeting, to mark up proposed legislation to 
           implement the Uruguay Round of Multilateral Trade 
           Negotiations.
                                                            SD-215
       Foreign Relations
         To hold hearings to examine the humanitarian crisis in 
           the Horn of Africa.
                                                            SD-419
       Labor and Human Resources
         To hold hearings on S. 2238, to prohibit employment 
           discrimination on the basis of sexual orientation.
                                                            SD-430
     2:00 p.m.
       Indian Affairs
         To hold hearings on S. 2230, to revise the Indian Gaming 
           Regulatory Act.
                                                            SD-G50
     2:30 p.m.
       Labor and Human Resources
         To hold hearings on S. 1702, to amend the Federal Food, 
           Drug, and Cosmetic Act to ensure that human tissue 
           intended for transplantation is safe and effective.
                                                            SD-430

                                JULY 20
     9:30 a.m.
       Energy and Natural Resources
         Business meeting, to consider pending calendar business.
                                                            SD-366
       Governmental Affairs
       Federal Services, Post Office, and Civil Service 
           Subcommittee
         To hold hearings to examine the Federal role in child 
           support enforcement.
                                                            SD-342
     10:00 a.m.
       Banking, Housing, and Urban Affairs
         To hold hearings to review the Federal Reserve's semi-
           annual monetary policy report.
                                                            SD-538
       Environment and Public Works
         To hold hearings on proposals to reform current policies 
           on floodplain management and flood control.
                                                            SD-406

                                JULY 21
     9:30 a.m.
       Environment and Public Works
       Toxic Substances, Research and Development Subcommittee
         To hold hearings on S. 1545, to authorize funds for 
           fiscal years 1994 through 1996 for environmental 
           research, development, and demonstration.
                                                            SD-406
     10:00 a.m.
       Commerce, Science, and Transportation
         To hold hearings on issues relating to international 
           fisheries.
                                                            SR-253

                                JULY 22
     10:00 a.m.
       Foreign Relations
         To hold hearings on the nomination of Robert A. Pastor, 
           of Georgia, to be Ambassador to the Republic of Panama.
                                                            SD-419

                                JULY 25
     2:00 p.m.
       Indian Affairs
         To resume hearings on S. 2230, to revise the Indian 
           Gaming Regulatory Act.
                                                            SD-106

                                JULY 26
     2:30 p.m.
       Agriculture, Nutrition, and Forestry
       Agricultural Research, Conservation, Forestry and General 
           Legislation Subcommittee
         To hold hearings on the Administration's proposed 
           legislation relating to meat and poultry inspection.
                                                            SR-332

                                JULY 27
     2:00 p.m.
       Energy and Natural Resources
       Water and Power Subcommittee
         To hold hearings on S. 2253, to modify the Mountain Park 
           Project in Oklahoma, S. 2262, to amend the Elwha River 
           Ecosystem and Fisheries Restoration Act, and S. 2266, 
           to amend the Recreation Management Act of 1992.
                                                            SD-366

                                JULY 28
     9:30 a.m.
       Energy and Natural Resources
         To hold hearings on S. 2121, to promote entrepreneurial 
           management of the National Park Service.
                                                            SD-366
       Rules and Administration
         To hold hearings on S. Res. 230, to designate and assign 
           two permanent Senate offices to each State.
                                                            SR-301