On November 12, the Government Accountability Office (GAO) released two reports following an extensive review into how the Department of Justice (DOJ) handles whistleblower protections for employees of the Federal Bureau of Investigations (FBI). According to the GAO, the DOJ and its Office of Inspector General need to increase awareness around FBI whistleblower rights.
The GAO last issued a report on the issue in 2015 and was asked to review the DOJ’s process for handling FBI whistleblower retaliation complaints. According to the GAO, “whistleblowers help safeguard the federal government against waste, fraud, and abuse—however, they also risk retaliation by their employers.”
One report, “Whistleblower Protection: DOJ and FBI Need to Improve Employees’ Awareness of Rights,” focuses on steps the DOJ needs to take around FBI whistleblower issues while the second, “Whistleblower Protection: Department of Justice Office of the Inspector General Needs to Improve Awareness of FBI Employee Rights” focuses on the DOJ OIG.
According to the GAO report, “Since our last report on this issue in 2015, DOJ has made changes to its program including hiring additional staff and using case management systems. However, areas for improvement remain.”
Among the findings of the reports include:
- DOJ took 7 years to update its regulations to address the FBI Whistleblower Protection Enhancement Act of 2016
- FBI mandatory training fails to mention the review process for whistleblower retaliation complainants alleging retaliatory security clearance and access determinations
- DOJ investigating offices continue to fail to meet the required time frame to acknowledge FBI whistleblower retaliation complaints
Recommendations of the reports include:
- “The Director of the FBI, in consultation with the Inspector General, should update mandatory training to communicate that FBI complainants may seek additional review by the Office of the Inspector General if they believe a retaliatory security clearance or access determination has been taken in retaliation for a protected disclosure”
- “The Deputy Attorney General should direct that the Counsel for Office of Professional Responsibility, in consultation with the Inspector General, identify and address issues with meeting regulatory notification requirements to contact the complainant within 15 days of receiving the complaint.”
- “The Assistant Attorney General for the Office of Legal Policy should ensure that DOJ guidance for developing regulations requires that an office is identified as primarily responsible for each rulemaking, particularly when regulations involve multiple components.”
Further Reading:
Whistleblower Protection: DOJ and FBI Need to Improve Employees’ Awareness of Rights