WASHINGTON – Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa), co-founder and co-chair of the Whistleblower Protection Caucus, today introduced the Federal Bureau of Investigation (FBI) Whistleblower Protection Enhancement Act. Grassley’s legislation is cosponsored by Sen. Gary Peters (D-Mich.).
“The Biden-Harris administration’s weaponization of the Justice Department and FBI, as well as its egregious retaliation against whistleblowers, caused great damage to our nation's federal institutions. Multiple agents who bravely blew the whistle had their security clearances suspended and were placed under investigation with no end in sight, leaving them in professional limbo and causing serious financial harm. While the Trump administration has taken significant steps to undo the damage, Congress must offer a solution to ensure future FBI whistleblowers aren’t subjected to a similar retaliatory playbook,” Grassley said. “My legislation will ensure these patriotic whistleblowers receive the protections they deserve, rather than being treated like skunks at a picnic.”
The bipartisan bill would provide Federal Bureau of Investigation (FBI) employees with whistleblower protections established by the Grassley-led Whistleblower Protection Act of 1989, and its subsequent amendments. Specifically, the FBI Whistleblower Protection Enhancement Act would:
The FBI Whistleblower Protection Enhancement Act is supported by multiple whistleblower advocacy groups, including Empower Oversight and the Government Accountability Project.
“Senator Grassley’s bill represents the culmination of more than four decades of fighting to ensure that those who protect America's security have the security to speak truth to power. We urge Congress to pass this legislation swiftly and finally deliver justice that's been delayed far too long,” said Tom Devine, Legal Director of the Government Accountability Project.
Read the bill text HERE.
Background:
During the 101st Congress, the Grassley-led Whistleblower Protection Act became law, requiring the Attorney General to establish whistleblower protections for FBI employees through regulatory action. However, the Department of Justice (DOJ) refused to implement whistleblower protection regulations until 1997, when then-President Bill Clinton issued a memo requiring them to do so.
Following concerns of continued retaliation, the Grassley-led Whistleblower Protection Enhancement Act of 2012 was signed into law, directing the Attorney General to issue a report reevaluating the 1997 FBI whistleblower protection regulations. Due to the DOJ’s lack of responsiveness, Grassley commissioned the GAO to issue a report, which was published in 2015 and revealed alarming gaps in the FBI’s whistleblower regulations.
In response to the 2015 GAO report, Grassley introduced the FBI Whistleblower Protection Enhancement Act of 2016, which subsequently became law. This legislation directed the FBI to implement modernized whistleblower protection regulations and codified certain FBI whistleblower protections. Despite Grassley’s bill and his call for the FBI to follow the law, the FBI failed to implement these regulations until 2024 – right before the GAO was set to publish a report evaluating the FBI’s implementation of Grassley's 2016 law. Much like the 2015 report, the 2024 GAO report revealed significant failings in the FBI’s whistleblower protection regulations.
Given the FBI’s inability over the last 35-years to effectively implement whistleblower protection regulations, as well as the Biden-Harris administration’s pervasive retaliation against whistleblowers, Grassley is now introducing legislation to cement the much-needed protections into law.
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