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135839674
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JGR/Whistleblower Protection Act (1 of 3)
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135839674
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JGR/Whistleblower Protection Act (1 of 3)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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135839674
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1986-12-31
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1986
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1982-01-01
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1982
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Whistleblower Protection Act
(1 of 3)
Box: 56
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
THE WHITE HOUSE
WASHINGTON
February 13, 1986
MEMORANDUM FOR HILDA SCHREIBER
LEGISLATIVE ANALYST
OFFICE OF MANAGEMENT AND BUDGET
FROM:
ASSOCIATE COUNSEL 870 THE PRESIDENT
JOHN G. ROBERTS
SUBJECT:
OPM's Testimony on H.R. 4033, "The
Whistleblower Protection Act of 1986"
Counsel's Office has reviewed the above-referenced testimony and
finds no objection to it from a legal perspective.
ID
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
. - OUTGOING
H - INTERNAL
1 + INCOMING
Date Correspondence
Received (YY/MM/DD)
1
/
Name of Correspondent:
name sweeney
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: 8PM's testimony on H.e. 4033 "The
Whistliblower protection act of 1986"
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency (Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CUNTOIL
ORIGINATOR 86,02,13
/ 1
Referral Note:
cuat 18
B
36,02,13
5 86,02,18
Referral Note:
I /
/ /
Referral Note:
I /
/ /
#
Referral Note:
/
/
/ /
Referral Note:
MOTION DIDES:
DISPOSITION CODES:
A Appropriate Action
1 Imo Copy Only/No Action Necessary
A - Answered
C -ICompleted
C - Comment/Recommendation
R Direct Reply w/Copy
B Non-Special Referral
d
I
D , Draft Response
S For Signature
F Furnish Fact Sheet
X Interim Reply
to be used as Encloseme
FOR OUTGOING CORRESPONDENCE
Type of Response If Initials of Signer
Code
"A"
Completion Date * Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
THE
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
February 12, 1986
SPECIAL
LEGISLATIVE REFERRAL MEMORANDUM
TO:
Legislative Liaison Officer
Department of Justice - J. Perkins 633-2113
Merit Systems Protection Board - Paul Trayers
Office of Special Counsel, MSPB - Alma Hepner
SUBJECT: OPM's testimony for 2/20/86 on H.R. 4033, "The
Whistleblower Protection Act of 1986."
The Office of Management and Budget requests the views of your
agency on the above subject before advising on its relationship
to the program of the President, in accordance with OMB Circular
A-19.
A response to this request for your views is needed no later
than COB, TUESDAY, FEBRUARY 18, 1986.
Questions should be referred to
Hilda Schreiber
( 395-7362)
the legislative analyst in this office.
Naomi R. Sweeney for
Assistant Director for
Legislative Reference
Enclosures
CC: F. Seidl
J. Cooney, OGC
White House Counsel
N. Sweeney
SPECIAL
STATEMENT OF
HONORABLE CONSTANCE HORNER, DIRECTOR
OFFICE OF PERSONNEL MANAGEMENT
for the
SUBCOMMITTEE ON CIVIL SERVICE
COMMITTEE ON POST OFFICE AND CIVIL SERVICE
U.S. HOUSE OF REPRESENTATIVES
on
H.R. 4033
THE WHISTLEBLOWER PROTECTION ACT OF 1986
MADAM CHAIRWOMAN AND MEMBERS OF THE SUBCOMMITTEE:
THANK YOU FOR INVITING ME TO PRESENT THE VIEWS OF THE OFFICE
OF PERSONNEL MANAGEMENT ON H.R. 4033, THE "WHISTLEBLOWER
PROTECTION ACT OF 1986."
DESPITE ITS TITLE, THE BILL IS NOT LIMITED TO WHISTLEBLOWER
PROTECTION. IN FACT, IT PROPOSES A MAJOR RESTRUCTURING OF
THE FUNCTIONS AND RELATIONSHIPS OF THE OFFICE OF THE SPECIAL
COUNSEL AND THE MERIT SYSTEMS PROTECTION BOARD.
WE
RECOGNIZE THAT THE BILL IS THEREFORE OF PRIME INTEREST TO
THOSE AGENCIES. HOWEVER, AS THE CENTRAL PERSONNEL MANAGE-
MENT AGENCY FOR THE FEDERAL GOVERNMENT, WE ARE CONCERNED
THAT THE BILL WOULD CREATE A PROLIFERATION OF MECHANISMS
WHICH WOULD NOT HELP THE CAUSE OF LEGITIMATE WHISTLEBLOWERS,
BUT WOULD GREATLY ENDANGER THE EFFICIENT OPERATION OF
AGENCIES.
2
THERE IS NO QUESTION OF THIS ADMINISTRATION'S COMMITMENT TO
THE WHISTLEBLOWER. IN 1980, THE PRESIDENT PROMISED SUPPORT
AND PROTECTION FOR THOSE WHO DISCLOSE FRAUD, WASTE, AND
ABUSE IN GOVERNMENT. LEGITIMATE WHISTLEBLOWERS NOT ONLY
SAVE THE TAXPAYERS VALUABLE TAX DOLLARS, THEY STRENGTHEN THE
MERIT SYSTEM BY HELPING TO ENSURE HONESTY IN GOVERNMENT.
THE ONLY QUESTION IS, HOW CAN WE BEST MAKE SURE THAT
WHISTLEBLOWERS ARE PROTECTED?
WE AGREE WITH THE SPECIAL COUNSEL THAT THE BEST PROTECTION
AGAINST RETALIATION IS VIGOROUS PROSECUTION OF THOSE WHO
COMMIT PROHIBITED PERSONNEL PRACTICES AGAINST THOSE WHO
DISCLOSE FRAUD, WASTE, OR ABUSE. THE RECENT SUCCESSES OF
THE OFFICE OF THE SPECIAL COUNSEL HAVE RECEIVED WIDESPREAD
PUBLICITY AND ARE DRAMATIC EXAMPLES OF THE INTANGIBLE, BUT
REAL, PREVENTIVE VALUE OF VIGOROUS ENFORCEMENT. WHILE MUCH
HAS BEEN MADE OF THE LOW PERCENTAGE OF WHISTLEBLOWER CASES
THAT ARE ACTUALLY PROSECUTED, THERE IS A SIMPLE EXPLANATION.
ACCORDING TO THE GENERAL ACCOUNTING OFFICE, THE FACT IS THAT
FEW OF THE CASES RECEIVED BY THE OFFICE OF THE SPECIAL
COUNSEL HAVE SUFFICIENT MERIT TO WARRANT PROSECUTION. BY
SCREENING OUT FRIVOLOUS CASES, WORKING TO RESOLVE CASES
INFORMALLY, AND VIGOROUSLY PURSUING LEGITIMATE WHISTLEBLOWER
CASES, THE SPECIAL COUNSEL HAS MADE GREAT PROGRESS IN PRO-
TECTING WHISTLEBLOWERS AND PROMOTING EFFICIENCY IN
GOVERNMENT.
3
ALTHOUGH THE FACTS DO NOT SUPPORT A CONCLUSION THAT THERE IS
A PROBLEM, THE BILL WOULD RADICALLY ALTER THE SYSTEM FOR
HANDLING WHISTLEBLOWER COMPLAINTS, AND RESTRUCTURE THE
RELATIONSHIP BETWEEN THE BOARD AND THE SPECIAL COUNSEL. I
WILL DEFER TO THE OFFICE OF THE SPECIAL COUNSEL, THE MERIT
SYSTEMS PROTECTION BOARD, AND THE DEPARTMENT OF JUSTICE TO
DISCUSS IN DETAIL THE PROCEDURAL CHANGES AND THE EXPANSION
OF LITIGATION AUTHORITIES PROPOSED BY THE BILL. BUT I DO
WANT TO POINT OUT THE GENERAL CONCERN WE HAVE ABOUT THE
BILL'S IMPACT ON PERSONNEL MANAGEMENT IN THE FEDERAL
GOVERNMENT.
THERE IS A BALANCE THAT MUST BE STRUCK BETWEEN PROVIDING
GREATER PROTECTION FOR WHISTLEBLOWERS AND THE NECESSITY FOR
EFFICIENT AND ORDERLY OPERATION OF AGENCIES. AS GAO HAS
TESTIFIED, "UNRESTRAINED WHISTLEBLOWING COULD RAISE LEVELS
OF DISSIDENCE AND INSUBORDINATION TO THE POINT WHERE
EFFICIENCY COULD BE AFFECTED." BECAUSE OF THE PROLIFERATION
OF REMEDIES PROVIDED BY THE BILL, DISGRUNTLED EMPLOYEES
COULD FLOOD THE OFFICE OF THE SPECIAL COUNSEL AND THE MERIT
SYSTEMS PROTECTION BOARD WITH SPURIOUS COMPLAINTS. THE
OFFICE OF THE SPECIAL COUNSEL WOULD BE REQUIRED TO
ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP WITH EVERY
COMPLAINANT WHO COMES THROUGH THE DOOR. THAT OFFICE WOULD
BE DEPRIVED OF ANY OPPORTUNITY TO SCREEN OUT FRIVOLOUS CASES
AND WOULD NOT BE ABLE TO CONCENTRATE ATTENTION AND RESOURCES
4
ON LEGITIMATE WHISTLEBLOWERS. TO COMPOUND THE PROBLEM, THE
BILL PROVIDES FOR DE NOVO REVIEWS IN THE COURTS FOR
EMPLOYEES WHO ARE DISSATISFIED WITH THE ACTIONS OF THE
SPECIAL COUNSEL OR MSPB. THIS PROVISION WOULD WEAKEN THE
AUTHORITY OF BOTH AGENCIES AND PLACE A FURTHER STRAIN ON THE
ALREADY OVERBURDENED FEDERAL COURT SYSTEM, WHEN WE HAVE IN
PLACE A FUNCTIONING ADMINISTRATIVE PROCEDURE FOR RESOLVING
WHISTLEBLOWER COMPLAINTS.
I THINK THAT THE MAJOR FLAW OF THIS BILL IS THAT IT DOES NOT
RECOGNIZE THAT THE OFFICE OF SPECIAL COUNSEL IS BUT ONE LINK
IN THE PROCESS FOR RESOLVING WHISTLEBLOWER COMPLAINTS. AS
GAO CONCLUDED, "OTHER INSTITUTIONS, INCLUDING THE PRESIDENT,
THE CONGRESS, THE MEDIA, THE COURTS, AGENCY LEADERSHIP AND
APPEALS SYSTEMS, THE MERIT SYSTEMS PROTECTION BOARD, AND
INSPECTORS GENERAL ARE ALSO INVOLVED IN SUPPORT FOR THE ROLE
OF WHISTLEBLOWERS IN GOVERNMENT." IT MAY BE, AS GAO
SUGGESTS, THAT THE REASON THE OFFICE OF THE SPECIAL COUNSEL
RECEIVES so FEW LEGITIMATE WHISTLEBLOWER CASES IS THAT MOST
OF THESE ARE RESOLVED THROUGH OTHER MEANS. FROM OUR
PERSPECTIVE, THAT IS AS IT SHOULD BE. CERTAINLY, THE
PRESIDENT HAS EXPRESSED HIS SUPPORT FOR WHISTLEBLOWERS. IF
THERE ARE PROBLEMS IN THE CURRENT SYSTEM, WE MUST ALL WORK
TOGETHER TO INSURE THAT WHISTLEBLOWERS CAN STEP FORWARD
WITHOUT FEAR OF REPRISAL. THEIR CAUSE WILL NOT BE HELPED,
HOWEVER, BY MAKING THE OFFICE OF THE SPECIAL COUNSEL THE
5
FIRST RESORT FOR ALL THOSE EMPLOYEES WHO ARE ALREADY
INUNDATING THE SPECIAL COUNSEL WITH GRIEVANCES NOT RELATED
TO THE NECESSITY FOR PROTECTION OF LEGITIMATE WHISTLE-
BLOWERS. H.R. 4033 WOULD LESSEN THE LIKELIHOOD THAT THE
LEGITIMATE WHISTELEBLOWER'S CASE WOULD RECEIVE THE PROPER
ATTENTION, AND INCREASE THE PROBABILITY OF DISRUPTION TO
AGENCIES AT A TIME WHEN EVERYONE IS BEING ASKED TO DO MORE
WITH LESS.
FOR THESE REASONS WE ARE STRONGLY OPPOSED TO THIS BILL.
THANK YOU.