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Home Government

DOJ Ignores Key Whistleblower Provision

Mary Jane WilmothbyMary Jane Wilmoth
February 17, 2014
in Government, News
Reading Time: 2 mins read
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According to a Senator Charles Grassley, the Federal Bureau of Investigation (FBI) is potentially in violation of the anti-gag provision of the Whistleblower Protection Enhancement Act (WPEA). Sen. Grassley brought this issue to the attention of Department of Justice Inspector General Michael Horowitz in a February 10 letter.

In 2012, Sen. Grassley authored a provision of the Whistleblower Protection Enhancement Act (WPEA) to codify an “anti-gag” provision. This provision states that nondisclosure policies cannot supersede the right of federal employees to contact Congress. In addition, nondisclosure policies and forms must include the following statement:

“These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.”

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Sen. Grassley’s letter points out that while the DOJ’s websites outline the requirements of the WPEA, “it is alarming and disappointing to discover that your office is still using non-disclosure forms which do not comply.” He warned “The failure to include the WPEA disclaimer makes the form unenforceable.”

The February 10 letter is the third time Sen. Grassley has written to the DOJ requesting information about the agency’s implementation of this provision. He has not received a response to his previous letters.

Tags: Government WhistleblowersSen. Charles Grassley
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Mary Jane Wilmoth

Mary Jane Wilmoth

Mary Jane Wilmoth is the publisher of Whistleblower Network News, where she heads the editorial staff. She writes about breaking whistleblower news, and False Claims Act whistleblowers, SEC whistleblowers, IRS whistleblowers, FCPA whistleblowers, and CFTC whistleblowers. Mary Jane is the managing partner at the whistleblower law firm Kohn, Kohn & Colapinto, and a frequent contributor to The Whistleblower and Qui Tam Blog. She is a licensed attorney in the District of Columbia and a graduate of the University of New Hampshire School of Law (formerly Franklin Pierce Law Center).

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