Republicans and Democrats on the Senate Judiciary Committee temporarily set aside their nasty fight over the Supreme Court vacancy to advance new protections for FBI whistleblowers.
The panel unanimously approved of a bill on Thursday that would make it illegal for bureau officials to retaliate against underlings who inform them of wrongdoing. Currently, the FBI only allows personnel to make protected disclosures to oversight organs, such as the Justice Department’s inspector general, or to a select number of high-ranking officials.
Judiciary Committee Chair Chuck Grassley (R-Iowa.) and its ranking member, Patrick Leahy (D-Vt.), cosponsored the legislation.
“Protections for FBI whistleblowers have not been updated since they were first enacted as part of the Civil Service Reform Act in 1978,” Grassley said in a written statement. “Sen. Leahy and I, and our cosponsors from both sides of the aisle, want to fix that.”
Grassley also said that FBI Director James Comey and Attorney General Loretta Lynch have been supportive of the effort, with the latter saying the Justice Department backs “protecting those who report within their chain of command.”
The Committee’s push to enhance FBI whistleblower safeguards started last year, after the publication of a damning report. In February 2015, the Government Accountability Office (GAO) said it found “instances of DOJ guidance” directing FBI employees to make disclosures of wrongdoing to immediate bosses.
“The memo did not clarify that FBI employees who report such allegations to their supervisors…may not have the right to pursue corrective action should they experience retaliation for their disclosure,” GAO noted.
The watchdog said the policy was creating a “chilling effect” on internal complaints, after finding “at least” 17 retaliation cases dismissed because disclosures were made by whistleblowers “to someone in their chain of command or management.”
“FBI employees are the only federal employees who are not protected for reporting wrongdoing to their supervisors,” Grassley said Thursday.
Despite the brief comity, Leahy couldn’t resist taking a dig at his counterpart for refusing to hold hearings on Merrick Garland’s Supreme Court nomination.
“We should not be outsourcing our jobs on this Committee to public interest groups or bloggers,” Leahy said. “We need to review his record for ourselves and prepare questions to be asked in a public hearing.” He called for a hearing on Garland’s nomination to be held on April 27.
Garland was selected by President Obama to fill the vacancy left by Antonin Scalia. Just hours after Scalia’s death was announced on Feb. 13, Republican leaders said they would refuse to hold hearings on a replacement until after President Obama leaves office.
