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On the eve of a House Judiciary subcommittee hearing that is expected to further expose the major flaws in the laws prohibiting reprisal against FBI whistleblowers, major whistleblower protection organizations and accountability advocates are calling on Congress to pass legislation that finally creates effective protection for whistleblowers.
In a letter to the committees of jurisdiction in the House of Representatives, the organizations outlined two specific reforms needed to protect FBI whistleblowers.
First, the organizations recommend giving FBI employees the same protections as other Justice Department and federal law enforcement employees. The letter details how the FBI was excluded in 1978 from those whistleblower protections and from statutory prohibitions on nepotism, political coercion, and other harmful personnel practices. The coalition recommends giving the U.S. Office of Special Counsel (OSC) jurisdiction to investigate those practices in the FBI like it does in other agencies, and to allow FBI whistleblowers to appeal from OSC to the Merit Systems Protection Board.
Second, the organizations recommend overturning or narrowing the Supreme Court case Department of the Navy v. Egan (484 U.S. 518 (1988)) in order to authorize truly independent review of retaliatory security clearance decisions at any non-intelligence community agency. In the letter they write, “We urge Congress to reject the DOJ’s attempt to claim for itself unfettered...
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