| The Honorable Patrick J. Leahy United States Senate Washington, D.C. 20510 |
Dear Senators Grassley and Leahy:
It was a pleasure meeting with your staff on January 7, 2003, to discuss issues relating to the implementation of the whistleblower provisions of the Sarbanes-Oxley Act of 2002. The President and Secretary Chao, who has responsibility to investigate and adjudicate allegations of retaliation under this law, share your view that these provisions are crucial to the federal government's efforts to combat corporate corruption.
In connection with the Department of Labor's implementation of the whistleblower protections of the Sarbanes-Oxley Act, I have reviewed a series of letters you exchanged with the Counsel to the President concerning the President's signing statement. In his December 20, 2002 letter, the Counsel to the President explained that "the President's statement took no position on whether there is whistleblower protection for employees who lawfully report wrong doing to individual members of Congress, nor did it address whether whistleblower protection would be limited to those instances where there was an ongoing investigation or the disclosure related to a matter within the jurisdiction of a particular Congressional committee." The letter also indicated that representatives of the Department would be discussing the issues with your staff.
It is the Department's view that under Sarbanes-Oxley, complaints to individual Members of Congress are protected, even if such Member is not conducting an ongoing Committee investigation within the jurisdiction of a particular Congressional committee, provided that the complaint relates to conduct that the employee reasonably believes to be a violation of one of the enumerated laws or regulations. The Department currently is finalizing the draft of an Interim Final Rule and accompanying Preamble implementing the whistleblower provisions of the Sarbanes-Oxley Act. Although it would be inappropriate for me to provide you our draft text at this time, the Department's current intention is to clarify in the published document our view that complaints to "any Member of Congress or any committee of Congress" are covered by the whistleblower provisions of the Sarbanes-Oxley Act.
Thank you for your interest in this important matter.
Sincerely,
Howard M. Radzely
Acting Solicitor
cc: Alberto R. Gonzales
Counsel to the President