PREFACE In recent years increased attention has been placed on federal em-, ployees who disclose examples of Government waste, abuse, and corruption-the "whistleblowers". These disclosures identify very real problems within, as well as facing, this Government. Many employees who discover governmental abuse in the course of their work do not believe that the problems can be answered by turning their backs. However, the personal risks incurred by a "whistleblower" make it hazardous to speak out. Whistleblowers have been responsible for disclosing problems including defense cost overruns, nuclear powerplant safety, conflicts of interest, and illegal or improper contracting procedures. For the past seven months my office has been looking at the problems of whistleblowing and whistleblowers. Our effort has included reviewing over 70 individual whistleblower cases, interviewing the employees, their supervisors, their fellow workers, and Government employees who were aware of very serious irregularities, but were afraid to speak out. We found problems with the system's ability to receive allegations of abuse and with the system's treatment of those who made the disclosures. This report is intended as an overview of the whistleblower issue. I am hopeful that it will be of use in identifying the problems that exist and in suggesting solutions. The body of this report identifies some specific areas where problems occur. We found that questions of allegiance, communication, accountability, and harassment were at the core of the whistleblowing issue. In addition, a separate section is devoted to specific case profiles and supporting appendices on 15 whistleblowing cases. These are provided as typical examples of what a whistleblower's experience is like. From the 70 cases we reviewed in our effort, those used in the report present problems which were repeated time and time again. The profiles tell their own stories and I would like to direct the reader's attention to them. We are trying to show how they are related and what sort of solutions might be considered. This is the second report which I have issued on the bureaucracy. Last year, our Bureaucracy Task Force released a report on the use of federal advisory committees. I intend to continue that effort because I am convinced that it is possible to improve the bureaucracy and make it more responsive to the needs of the people and more worthy of their trust. The bureaucracy, for all its impersonal, dehumanizing ways, is actually nothing more than a large number of people attempting to serve their country. The key to solving the bureaucracy's maze is to identify and recognize the people who are actually there, behind those long titles and massive buildings. If we realize that these people and not their titles actually run the Government, then we can begin to improve their jobs, productivity, and accountability. This work is not mine alone. Although it is the way in politics that one person, the office-holder, receives the recognition, credit or blame, in fact there are many people involved in an effort such as this. The Bureaucracy Task Force has become a permanent part of my staff and the individuals who work on this project should not go unnoticed. Ms. Jean Schiffmann was responsible for taking numerous drafts. loose papers and ideas and editing and typing them into a sensible for mat. Her patience and competency is largely responsible for this report being released on schedule. The core of this support was the result of many hours of dedicated work by four Vermonters who joined my staff for this particular assignment, Ms. Sue Brannigan, Mr. Bradford Gentry, Ms. Zoe Peterson and Mr. Gary Richards. I am indebted to them for their commitment. Organizing the data, assisting with writing the report, and checking that everything was as it should be was the responsibility of Mr. Robert Paquin of my staff. Bob's contribution is reflected throughout this report. And my special thanks to David Julyan, who supervised the entire effort. Sincerely, PATRICK J. LEAHY, U.S. Senator. CONTENTS 1. Summary and Conclusions___. 2. Introduction: The Whistleblower's Dilemma_. 3. Central Issues: Allegiance, Accountability, Communication, and IX CODE OF ETHICS FOR GOVERNMENT SERVICE Any Person In Government Service Should: Put loyalty to the highest moral principles and to country above loyalty to persons, party, or Government department. Uphold the Constitution, laws, and legal regulations of the United States and all governments therein and never be a party to their evasion. Give a full day's labor for a full day's pay; giving to the performance of his duties his earnest effort and best thought. Seek to find and employ more efficient and economical ways of getting tasks accomplished. Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not; and never accept, for himself or his family, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his government duties. Make no private promises of any kind binding upon the duties of office, since a Government employee has no private word which can be binding on public duty. Engage in no business with the Government, either directly or indirectly, which is inconsistent with the conscientious performance of his governmental duties. Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit. Expose corruption wherever discovered. Uphold these principles, ever conscious that public office is a public trust. (This Code of Ethics was agreed to by the House of Representatives and the Senate as House Concurrent Resolution 175 in the Second Session of the 85th Congress. The Code applies to all Government Employees and Office Holders.) |