According to a report drafted by the U.S. Attorney General last year, supplemental protections for FBI whistleblowers were being considered to safeguard employees that disclose misconduct. The report specifically requested the following changes: (1) authorizing equal access for witnesses employed by the agency; (2) granting whistleblowers the right to obtain compensatory damages if they are subjected to retaliation; (3) allowing disclosures to be made to a broader range of persons. When the report was generated, leading members of the Senate Judiciary Committee, including Chuck Grassley and Ron Wyden commented positively on the recommended reforms.
Since those initial promising developments, Chuck Grassley and ranking member of the Senate Judiciary Committee Patrick Leahy have introduced the Federal Bureau of Investigation Whistleblower Protection Enhancement Act of 2015. The proposal, which was introduced at the end of the year, broadens safeguards for employees who make protected disclosures and strengthens the processes designed to prevent retaliation against whistleblowers. The sponsors of the bill have publicly noted that the law would encourage FBI employees who learn of fraud, abuse, and waste by the FBI to come forward to protect the public. They emphasize that without adequate protections, employees might feel compelled to turn a blind eye to such improper practices out of fear of experiencing personal repercussions.
The law in needed because the Federal Whistleblower Protection Act exempts both member of the FBI and employees within the intelligence community from protection against reprisals for disclosing agency misconduct. If the bill becomes law, prospective whistleblowers would be authorized to make protected disclosures to the Office of the Inspector General at the FBI. The IG will have the authority to impose a stay of any adverse action against the employee if there is evidence to support a reasonable belief that the punitive measures were retribution for blowing the whistle on a protected disclosure. The law provides further protections for federal whistleblowers at the FBI because disputes are adjudicated by an Administrative Law Judge (ALJ) rather than internally within the Department of Justice. Employees can appeal an adverse decision by the ALJ to the U.S. Court of Appeals.
Although it is premature to determine whether the bill will become law, the proposed legislation evidences a willingness by some members of Congress to offer additional protections to federal employees who disclose misconduct by the FBI. The step is particularly important because it focuses on employees of the federal government who currently have little or no protection from retaliation for disclosing fraud, waste, and abuse by the agency. The enactment of this proposed legislation would provide a powerful incentive for FBI employees who are aware of illegal activity and wrongdoing to disclose the information they have learned.
If you are an employee of the state or federal government, our law firm represents whistleblowers in both the private and public sector. At Barrett Law, we are here to help individuals who have the courage to step forward and expose such wrongdoing. Our experienced Mississippi Qui Tam Lawyer works diligently to pursue the maximum compensation for our clients. Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding your claim.