Whistleblower Protection: Department of Justice Office of the Inspector General Needs to Improve Awareness of FBI Employee Rights
Fast Facts
This report addresses management issues for the Department of Justice's Office of the Inspector General. We found these issues during our review of how Justice handles FBI whistleblower protections.
The Office still doesn't always contact FBI whistleblower retaliation complainants within 15 days. It failed to meet this requirement in 46% of complaints.
Also, the Inspector General can review actions taken regarding security clearance and access determinations (i.e., access to classified information) that are alleged to be retaliatory. But mandatory training for FBI employees didn't communicate this.
Our recommendations address these issues.
Highlights
What GAO Found
Since GAO's 2015 report, DOJ has made changes to its process for handling FBI whistleblower retaliation complaints. However, areas for improvement remain. During our review of Federal Bureau of Investigation (FBI) whistleblower protections, GAO found that the Department of Justice (DOJ) Office of the Inspector General did not consistently meet regulatory notification requirements to contact FBI whistleblower retaliation complainants within 15 days of receiving the complaint. In reviewing complaints closed from 2018 through 2022, GAO found that the investigating offices did not meet the 15-day requirement in an estimated 46 percent of complaints. GAO also found that mandatory training for FBI employees co-sponsored with the FBI did not communicate that FBI whistleblower retaliation complainants may seek review by DOJ's Office of the Inspector General if they believe a retaliatory security clearance or access determination has been taken in retaliation for a protected disclosure.
Why GAO Did This Study
Whistleblowers help safeguard the federal government against waste, fraud, and abuse—however they also risk retaliation by their employers. FBI employees are protected from retaliation for reporting wrongdoing by specific statutory provisions. DOJ has issued regulations and established a process to handle their complaints.
GAO was asked to review DOJ's process for handling FBI whistleblower retaliation complaints since GAO's report in 2015.
GAO is concurrently issuing this management report and a broader report on FBI whistleblower retaliation protections. This management report examines the timeliness of DOJ's Office of the Inspector General notifications to complainants and whether mandatory training clearly communicates that complainants may seek review of retaliatory security clearance and access determinations by DOJ's Office of the Inspector General. The broader report examines timeliness and outcomes of complaints and DOJ and FBI processes for reviewing retaliatory security clearance and access determinations, among other things. GAO examined a generalizable sample of FBI whistleblower retaliation complaints, including complaints closed by DOJ's Office of the Inspector General, from 2018 through 2022. GAO also interviewed FBI whistleblowers, attorneys, and advocates as well as officials from DOJ, FBI, and other agencies about the complaint process.
Recommendations
GAO recommends that the DOJ Office of the Inspector General identify and address issues with meeting regulatory notification requirements to contact complainants within 15 days of receiving the complaint. GAO also recommends that the DOJ Office of the Inspector General, in consultation with the FBI, update mandatory training for FBI employees 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.
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| DOJ Office of Inspector General | The Inspector General, in consultation with the Counsel for the Office of Professional Responsibility, should identify and address issues with meeting regulatory notification requirements to contact the complainant within 15 days of receiving the complaint. (Recommendation 1) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| DOJ Office of Inspector General | The Inspector General, in consultation with the Director of the FBI, 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. (Recommendation 2) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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