[Congressional Record Volume 170, Number 43 (Monday, March 11, 2024)]
[Senate]
[Pages S2337-S2338]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Sunshine Week
Mr. GRASSLEY. Madam President, every year, at this time of the year,
Sunshine Week is held around the birthday of James Madison--not only a
former President but one of our greatest Founding Fathers and the
acclaimed ``Father of the Constitution.''
Sunshine Week is a critical reminder of the need for transparency and
open government. And our government is not as open as it should be.
President Madison famously said that a great difficulty in forming a
government operated by imperfect people was that you must oblige it--
meaning the government--to control itself. Well, amen to what Madison
said.
As a conservative, I have worked especially hard on Madison's
challenge, making sure that the government controls itself. One way to
do that is to limit the size and scope of the government. It is hard to
control a government that does everything but make your bed and tuck
you in to sleep.
Another check on out-of-control government is separation of powers--
the same separation of powers when you study the essentials of American
government. Congress doesn't execute laws. The President and the
executive agencies shouldn't try to make laws. And neither should our
courts.
To control a government as big as ours, it takes a lot of very bright
light shining on every Agency and Office. And instead of 1 week called
Sunshine Week, we ought to have 365 days a year in which we have
sunshine on our government's operation.
I have long supported the Freedom of Information Act. And that act
urges Agencies to be more responsive to record requests. That is
essential to open government because it gives citizens access to
information. As the old saying goes, knowledge is power.
[[Page S2338]]
Congress also has a solemn constitutional duty to conduct strong
oversight to ensure that the executive branch executes the laws as
Congress has intended. You learn that in eighth grade civics class,
called checks and balances of government. I call it oversight. But it
is a constitutional responsibility.
We can't legislate effectively unless we in Congress know what is
going on behind the scenes, and most of that behind-the-scenes is in
the executive branch of government. That is why whistleblowers are so
very important and why I rely on whistleblowers to give me a lot of
information I would not have other access to. So I consider them a very
important part of doing my role, my constitutional responsibility of
oversight to see that a President does what the Constitution says, and
his oath says to faithfully execute the laws.
These whistleblowers are patriots and our most powerful tool in
rooting out waste, fraud, abuse, and misconduct. Despite their vital
contribution to good government, they are often targeted for
retaliation and harassment. That should stop. In so many speeches, I
have come to the floor of the U.S. Senate to point out specific
examples of where these patriotic people we call whistleblowers are
retaliated against and retaliated in a way that--the law says that
retaliation is not lawful.
There is a growing trend among Federal Agencies to place a blanket of
silence over whistleblowers. The Agencies do this by violating
whistleblower disclosure laws, including withholding notice of what we
call anti-gag provisions. In other words, if you are the head of an
Agency and you have a whistleblower, you can't tell them they can't
talk to Congress.
The law requires all Federal Agencies to include an anti-gag
provision in their nondisclosure policies and forms. This provision
notifies employees of their rights to report misconduct to Congress, to
inspectors general, and to the Office of Special Counsel.
Without knowing of the anti-gag provision's protections, employees
who see government wrongdoing often stay in the shadows. If people are
notified that they can talk to Congress and the law protects them, we
are more apt to get information on wrongdoing, the misexpenditure of
money, or laws not being carried out as we intended that Congress
wouldn't even know about.
The reason they don't speak is they fear the retaliation if they do
speak out, and this is what I have spoken about so many times on the
floor of the U.S. Senate. The fact that they are retaliated against is
something that I say over and over again is unacceptable. That is why
this week I wrote to all of our inspectors general of the executive
branch of government, requesting they ensure this provision is
included, as required by law, which will make it harder for Federal
Agencies to conceal their wrongdoing.
This year, whistleblowers have helped to let the sunshine in where it
matters most. They are helping me track down vulnerable migrant
children the Biden Department of Health and Human Services has failed
to protect against potential trafficking. As we speak, law enforcement
is working through information I provided to hopefully bring their own
special kind of sunshine to the criminals taking advantage of these
young kids.
I have also sought information from government contractors who
receive billions of taxpayer dollars to care for unaccompanied children
but whose practices and failures are largely shielded from public
knowledge and scrutiny. We need a full accounting of how contractors
spend the taxpayers' hard-earned money.
That is why last year I also launched an investigation into one of
the Environmental Protection Agency's grant programs. That exposed
significant waste. It turns out that the EPA doesn't even require the
program's grantees to submit financial documents during the grant that
show how taxpayer money is being spent by those various organizations.
You would think Agencies would be very grateful when these failures
are exposed. Instead, you know what--I was met with delay and
obstruction by this administration's EPA. Accountability can be
uncomfortable, and bureaucrats don't like it. After I reported that
obstruction to the EPA Office of Inspector General, it agreed to audit
the program and look into how EPA influenced grantees to obstruct my
oversight.
Then we get to the Justice Department and the FBI. Recently, the
Justice Department indicted an FBI confidential human source who served
as the basis for what is commonly known as the document 1023. That is
the FBI-generated document that Chairman Comer in the House and I made
public alleging criminal bribery schemes between the Biden family and a
foreign national. Embarrassingly, for 3 years, the 1023 collected
dust--until Congress and Justice Department whistleblowers forced the
FBI and U.S. Attorney Weiss to interview that FBI source.
The Federal indictment doesn't explain the full set of facts and
leaves many questions unanswered. Those questions include how the
Justice Department and the FBI could use this confidential human source
for approximately 13 years, pay him hundreds of thousands of dollars,
use his information in investigations and prosecutions, and then
ultimately determine after 13 or 14 years that this guy is a liar.
According to government documents in the court case, the FBI source was
reporting information to the FBI as late as December 2023.
This is a matter that requires extensive sunlight.
If not for whistleblowers, my securing the document 1023 and
releasing that document, do you know what? The FBI would still be
believing the lies of their confidential human source, and they would
still be paying taxpayer dollars to this confidential source for the
lies he was giving to the FBI. Now, they have arrested him because of
my oversight work. So what is the government doing to get all the money
back that they paid him?
In addition to my investigative efforts, I have worked with a
bipartisan set of colleagues to strengthen attorney misconduct
oversight at the Justice Department. For example, I cosponsored
bipartisan legislation to close a loophole that prevents the inspector
general at the Department of Justice from investigating alleged Justice
Department attorney misconduct. Now, understand, in the Department of
Justice, the inspector general, who is supposed to sort out wrongdoing,
can't even investigate the lawyers of that Department when they do
misconduct.
My consistent efforts to let in sunshine continue across our
government, whether it is asking the FBI to explain a memo targeting
Catholics based on biased sources, ensuring our immigration officials
follow the law and collect DNA from illegal migrants they encounter at
the border, or even exposing flaws at the Veterans' Administration that
endangered the privacy of our veterans.
So we all ought to be thankful for Sunshine Week, which is an
opportunity for us doing our constitutional duty of oversight to
highlight these efforts and to remind us that shining a consistent
light is essential to make government accountable to ``we the people.''
I yield the floor.
I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. CASSIDY. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Ms. Butler). Without objection, it is so
ordered.
The Senator from Louisiana.