)O0

jy process?

I -Ms. KENDALL. I was not a part of the policy Process

rt of the process of reviewing Outer Continentala Pa rovements.

f operations for safety and operational imp

Dr . VLEMING. But is that reall

y Y

our job? your job is

,nvestigate wrongdoing from the Department of theL

erior. Is it not?

Ms.KENDALL, My job is also, in part, to improve the

:rations- -

FLEMING. But primarily your job is to investigate

Dr

i

problemsthing fraud, waste, and abuse anykind of legal p

^' ators thatat may be going on. And you have got nvestig

e really not in good communication with you on that.

Ms. KENDALL. And to improve the operations of the

=partment of the Interior.

Dr. FLEMING• Yes. I would.say that answers

Thank you, Mr. Chairman•nsatisfactorily. expired-

The CHAIRMAN• The time of the gentleman has

he Chair recognizes the gentleman from California, Mr.

.1052 McClintock.

Ms Kendall , I

Thank you, M. Chairman•

1053 Mr. MCCLINTOCK. According

1054 would like to focus on the Klamath Basin studies•54 20th you state,

1055 to your letter to the Chairman of July

,

reements,

"

a

Given the comprehensiveness of the governing g1056 and the complete

1057 the transparency being given to the process,

Aya v

1 ,.

coo x25 in which

pence to date of any complaints about the manner

B a

conduct

any P

any

lans to

is eff ort is proceeding, the OIG does not have

•^`'thadditional reviews at this time."

Is that

0.correct?

2

MS, KENDALL, That is correct.2

63'

Mr. MCCLINTOCK. That there has been a complete absenc

e

64 to

date of any complaints about the manner in which the

Klamath Basin studies are proceeding?

65 Ms. KENDALL. We have not received any.

066Mr. MCCLINTOCK . Ms. Kendall, on February 24th, an

complaint was filed with the Office of the Executive

068 11-page p oAffairsAforyatReguliniatt

artment of the

Secrearf f the Dep

.069 stemati.c

X070 Interior, it documented allegations of sy

Klamathand scholarly misconduct relating

to the

071 scientific,

1072 River Dam removal secretarial determination Process'

dfly it was filed.by

1073And it wasn't filed by some ga

;Dr-

at the time,

1074 Paul Houser of George Mason University,who was,

1075the Bureau of Reclamations Science Advisor and Science

1076Integrity Officer. Specifically; he documented the

iointent1077intentional falsification of scientific results contai

ned in

1 conclusions of the2011 summary of key

1078 the September 21,

1079 ensure

Orts'draft EIS/EIR and related scientific and technical reps

the

1080 and intentional circumvention of the policy that actions that

1081 integrity of science and scholarshipand

1082 compromise scientific and scholarly integrity-

0I 00' 215• Taint of politicalF..

Now! given the well- documented com the official directlymade by

-14 eying with scientific data rity of these

,tamp scientific integ,14a for overseeing

the.,complete=_yam:.

resP°nsible been a;A • that there has

studie s your statement in whic

h the

111086°complaints about the manner

absence of any is absolutely stunning.

4 YpB? math Basin study is proceeding in your

i08 Kla ask you again. Have there been,about- I woul

d Taintscomp

1pg9complete

absence to date of anywords, " a comp

mannerthein which the

gl

Klamath Basin studies are

.r '.. 1D92 proceeding?'Z

needed to bemore complete to the

MS . KENDALL. Perhapsreferred

:1093 office. If that complaintGeneral's

was

9 Inspector of14 `

office, I was not awareit.

o f prime interest1095 to our that be

Mr. MCCLINTOCK. Well, wouldn't1096 '^

the Inspector General's office.1097 t

o th

inspector general, wouldn'tcompetent

Any reasonably allegations by an official

1098 of suchhe be somewhat concerned rity of these

1099 they the scientific integ

1100responsible for protecting

1101 studies?Yes, sir.

Ms . KENDALL. I would ask unanimous

1102 Chairman.Mr. MCCLINTOCK•

Mr ' s1103

record the Inspector General'insert in the

1104 consent to complaint

1105 letter to you of July 20th, and the

filed by Dr '

February 24th Without

1106 Houser of in the record,

1107The CHAIRMAN • It

will appear

1 4;

1` 1 7

oiI215 0 0 0

obj ect innGenexal to the Chairman

[The letter from the Inspector

- 114g 2012.}f . 1110

dated July 20,

*******COMMITTEE INSERT**********X f

'1215. 000

objection.

>, [The letter from the Inspector 'General to the Chairman lio~ , ~.-~'

:i11o dated July 20, 2012.]

.... . - .;. . ' .......

~,. ,,' . ....

~ -! "

i.: _ , ,

. . ~

**********COMMITTEE INSERT**********

a

ej

r

`•S :31

i iti

II

t i'

I^4

l4tl{i ,y

y-

215,000

Mr MCCLINTOCK. Ms. Kendall, has the

Departmentt of the

received any complaints by that former official or^nterio violations concerning

others alleging scientific integrity

removal of the dams?

Ms. KENDALL. I am not--' would not know what the

necessarily.Usually things are

Department has receivedl,

to go back

referred to us. I would have to be--I would have

and check.Mr. MCCLINTOCK. One of the concerns that has been

expressed here at this hearing and elsewhere,Ms. Kenda

ll , is

y 2 a complete lack of focus on the principle responsibilities of

3 the Inspector General.This report, these allegations of scientific--

24 a secret.

5falsification of scientific data were not exactly

sethe

.26 They were widely reported in newspaper articles across

i27 Pacific Northwest.

Mr.Mx

us consent toChairman, I would also ask unanimou ect from the

^Zg insert in the record articles on this subjand the Daily

!130 Redding Record Searchlight, the Capital Press,

1131 Caller. will appear in theThe CHAIRMAN• Without objection, they

L132

1133 record.

McClintock for

1134[The newspaper articles submitted by Mr.

11135 the record follow:'

^.3

3, 1^

X215.000 --^-

• j.36. **********COMMITTEE INSERT**********

1,37 Mr. MCCLINTOCK. Did you not consider--you have said that

138 You would consider this of interest to the Inspector

1139 General's office, but you have not looked into it?

;.I 1140Ms. KENDALL. I do not know that we have looked into it.

1141 i think it is something we should look into.

114 2 Mr. MCCLINTOCK. Why hasn't it--why haven't you looked .E.

1143 into it?

1144 Ms. KENDALL. I don't know--I mean I am not aware of it,

1145 sir.

1146 Mr. MCCLINTOCK. Have you or anyone in your office, to

1147 your knowledge, had any discussion with the Secretary's

1148 office, including the Chief of Staff, about Dr. Houser's

1149 complaint or your office's investigation of it?

1150 Ms. KENDALL. None that I am familiar with, no.

1151 Mr. MCCLINTOCK. In the list of complaints that you

1152 provided to the Committee, there is one by Kira Finkler. Is

1153 that correct?

1154 Ms. KENDALL. If that is in the documents--

1155 Mr. MCCLINTOCK. What was that regarding?

1156 Ms. KENDALL. I don't know.

1157 Mr. MCCLINTOCK. Well, Kira Finkler was Dr. Houser's boss

1158 at the Bureau of Reclamation. She was the official to whom

1159 he originally brought these allegations. Her response was to

1160 fire him. She is also the person who was overseeing the

100

nth Dam restoration agreement to which Trout Unlimited is

^natory, and she was employe

d by Trout Unlimited from

to 2007, but did not recuse herself from the

Klamat

steven in light of this apparent conflict of intere •

ect, her wasyou again. A complaint of--

regarding

Now, I ask y What is

t

our list of complaints provided to the Committee.

t about?KENDALL. You have provided me enough information now

' Ms. 1 don't_i do remember that we received this complaint'

ve detailed information about what happened to it. We

uld get back to you on--

Mr. MCCLINTOCIC. You know, this is absolutelystunning.

a significant matter. it involves a proposal that

is ^ s im act

is huge environmental, fiscal, and econom

ic p

hroughoutthe entire region_ And you seem oblivious to it.

find that remarkable.

And,Mr. Chairman, I would like us to further this

Lnquiry at a later time. fired.

The CHAIRMAN• The time of the gentleman has exp

And that is an interest--that is of interest to the

Committee• MrThe Chair recognizes the gentleman from Florida,

Mr.

Southerland. theI am sorry, I didn't see the distinguished Chairman,

Subcommittee Chairman, come in. I am sorry about that. Mr.

I2I5 000

he 'e •

You said the tap people. i am talking about the CEOs.

The CHAIRMAN• Oh,we have had the president of some

companies--

Ms. BORDALLO. We have had the CEOs here--

The CHAIRMA1---Of companies that havecome in here.

5 I suggest, if we really want to get

b - Ms. BORDALLO. Well,

to the bottom of this, that we have another expire gentlelady has expired,

TheAN. The time of the

69 and

I will simply respond to this. The issue here that we

is because of a moratorium that dealt

with

is a

70 are pursuing

ide

s

al

71shallow water, not:deep water, where the BP

.

.two72, distinction between the from California, Mr.

573The Chair recognizes the gentleman

574 McClintock.

I would liken.

575M. Chairma

Mr • MCCLINTOCK. Than

k you,

get657

be as

it might not

et back to the Klamath Basin for a second.X .

visually graphic, but it is not .insignificantIt is

2577 155 megawatts of2578 the loss of four hydroelectric dams,

loss of a fish hatchery that produces 5

2579 hydroelectricity,

taxpayer

salmon smolts a year, a billion dollar

s of

2580 million the best

2581 andratepayer costs, all driven, we are told, by

2582 available science.spent nearly all five minutes allocated to my

2583 Now,, we s p ou denying

firstof questioning, Ms. Kendall, with y

2584 laint by the Bureau

2585that you knew anything about a comp

of I

IT215.000

ions sc^entintegrity officer,

Dr. Paul Houser,

;y 586 Reclamat ' ^f^c

Basin

of scientific data

related

documenting intentional f alsifica

tion

d the decision to a258 7 to drive

to the Klamath Bas all

2}5 86 In the final seconds of my

89 predetermined conclusion' have had a recollection when Ieare

d t o haallotted tim

e , you , your:;2590 integrity case prov ed

scientific integid on Y

2 5 g 1 asked about a .,Finkler, Kira, et al."

off ice' s own manifest entitled I

would like to

25g2your m

y freshly restored,So, with y

error•

2593 w at least now established that

}{now, first and foremost, if we

,^Einkler, Kira, et2594 entitledrity case

2595 the scientific integ listed onfinal report not

bl,

a1,"

availa e

status closed, the complaint by Dr.2596 involves

2597the--on your office's manifest,

2598 Houser. Houser. I don't

2599

Ms. KENDALL. I know it involves Dr.

• know0026 iti it involves his--

Mr.062

ou tellMCCLINTOCK. All right. Then can

YOU me

-

--the office of the Inspector General then did know

2602 what so

uestion toy

ou is what did

And my next qabout his compla

int.this most

laint

2603 to investigate

the Inspector Genera office do of the

2604 rity officer

2605 detailed compby the Sc ientific integ

2606 Bureau of Reclamation' have, to get back toCong i wouldressman,

2687Ms. KENDA

LL. it.

Mr.

ou on that, becauseI simply don't know the answer to

2608 Y then you. MCCLINTOCK. Could You tell me--

2609 discovered from

2610 obviously--You can't tell me

what youthat

4

t

r

11x215.000

investigation, which is not an insignificant or insubstantial

L2 manne

r. I was Dr.Ms, Finkler, whose name is on the manifest,

.

Housex's boss. When Dr. Houser raised these concerns

employee

She was an

internally , her

response was to fire him.x 5

loyee of Trout, Unlimited, which is an interes

ted arty to

16 pKlamath Basin agreement. She did not recuse herself from

1^ the

6

18 being involved in these discussions, and in fact, fired the

tle blower hired by the Bureau of Reclamation to ensure19 whir this

620the scientific integrity of the data that is driving

62l entire proposal. Her response was to fire him.

22don't you think that--

doesn't it strike You as

6 Now,

2623 significant that the official who fired Dr. Houser was

precisely the same official that he accused of official

624 p and who had an obvious2625 misconduct in falsifying this data,

2626 and glaring conflict of interest?

Ms.' KENDALL. Congressman, I am listeningto what You are

2627 really don't know2628 saying, but it doesn't help me becaus

e z

2629 about this case.

Mr.

you areMr MGCLINTOCK. You are the watch dog.

2630 of the scientific data2631 responsible for assuring the integrity

2632362that is driving these policy proposals.

Ms. KENDALL. Congressman--2633 ou know--

2634

Mr. MCCLINTOCK. Why aren't you--why--Y

2635Ms. KENDALL

. I have many--

1

p

X 215.000

Mr. MCCLINTOCK. Where is the outrage'm staf f who work

Ms. KENDALL. I have many people on Y l.

these issues on behalf of thee off

of Inspector Genera I

details about this one. }''f

apologize. I don't know therowa

folks behindWell, you have got

of

Mr. MCCLINTOCK.

L you. Do any of them know?

Ms.Ms

lad to get backKENDALL. Congressman, we would be g

2

13

to you and provide details about this. I simply don't know

14 them today. what I would askMr. MCCLINTOCK. Well, r well tell you

15 related to. Dr. ,ouser'sthe documents

^6 for, is all of was the case closed.faint. I would like to know why

you cannotA7 comp ? I assume y

is there no report available?

Why estions•j 8 Y of these qu

provide me information

649

on

P

anytoday, no-

KENDALL. I don't have the information

650Ms. I think that this is

MCCLINTOCK. Well, Mr. Chairman,Mr. faring enough, to

1.651 and this omissi

on is g

X652 significant enough, As Y said, it

separate hearingon this subject.

2653 call for a It has huge fiscal and

ica is not an insignificant matter. entire

2654 for theand environmental ramifications is the

2655 economic

what we are told

pacific Northwest. It all hinges on2656

integrity officerdata when the scientific

2657 best scientific that data has beenus that 1"

has been blowing a whistle warning so far as2658

Inspector General, Il^

ely corrupted.2659 deliberateAnd the

has done precisely nothing•this hearing,

2660 I can tell at 4

g11215.000

Mr. MCCLINTOCK. Mr. Chairman --

ruling on thatMr. MARKEY. So I would just ask for a

38 Mr. MCCLINTOCK.Mr. Chairman?

The CHAIRMAN• The gentleman asked a parliamentarya9 line

into whether the gentleman from Califo arni's of

90 inquiry

i q9

And Iuestioning was within the scope of this hearing•

;

^

92 would tell the gentleman from Massachusetts that the

title of

Oversight of the Actions,the hearing is as such: Inspector693 of the Acting Insp

694Independence , and Accountability

General of the Department of the Interior."695 to talk about the

y696 And then, the invite letter goes on

. conduct of the Inspector General,

and four specifically

2697

2698 independente and effectiveness of the Inspector General in

ca acity, and then five--on the invite letter ofthe

2699 acting P

2700072

And the gentlemansecond paragraph-_'' and other matters''

2701

from California is talking about other matters, so it falls

2702 within the scope--

2703Mr. MCCLINTOCK.

Mx. Chairman?

2704fl

. it falls within the scope of the hearing

27The CHAIRMAN

2705 today.

2706The gentleman from--

Mr• MARKEY. Mr. Chairman? because I2707

Y would also---

Mr . MCCLINTOCK. Mr. Chairman,

27

emain

the gentleman from

still had time ring before

2709 out that the Klamath2710 Massachusetts interrupted me--pDint

011215.000

aised in the Chairman's letter to Ms.Basin issue was r

in hex letterand was referred

Kendall dated May 30r 2012,

to

I2 20th. so this is not-

back to the Chairman dated July^13

sheIt was raised in the letter.

714 unexpected for her.

Committee

specifically on this issue in the letter back to

responded specs be entered into715 asked to

2 7 1 6 thewhich i have already

X717 the record. t the gentleman from Massachusetts read

2 18 I would suggest he comes to meeting-before

his briefings more carefully and I am

2719

had some time,The CHAIRMAN• The gentleman

2720. 30 seconds left in hisanticipating he had approximately

2721

re

field back?

In

time. Does the gentleman Y this falls2722 Member,

sponse, then, to the Ranking2723 from the gentleman from

with theline of questioning the Acting2724 invitation to

2725California falls in line with the

27The

Inspector GenGenera]-.•

from the Northern2725 the gentleman

- 27

Chair recognizes

Marianas. Chairman. Mr.

2728 very much, Mr.Mr SABLAN. Than

k You on this2729

that I have servedChairman, going an four years

2730

we have

Committee there are--you know,we votes,

2731agree with the other side.

There are times when I g d there

2732 hearings side

when I disagree with myand there are times hard on me-

2733 bearstimes when I take a vote that b

a

2734 are

Chairman, was, I think,esterday, Mr. .

2735The vote we had y