The Justice Department’s inspector general has revealed in a new report that the FBI lacks a clear process for employees to report concerns of retaliation when their security clearances are suspended. The report, authored by DOJ Inspector General Michael Horowitz, focuses on the lack of protections for whistleblowers within the FBI and how the bureau handles security clearance investigations. The findings were finalized on May 9 and made public on May 14.
According to the report, 50 U.S.C. § 3341(j) prohibits agencies from taking retaliatory action against employees’ security clearances for protected whistleblowing activity. The report also highlights a directive from the Director of National Intelligence requiring intelligence agencies to have an appeals process for employees alleging retaliatory actions regarding their security clearances.
The report reveals that security clearance reviews at the FBI have averaged nearly 18 months. It also criticizes the DOJ’s policy that prevents employees from alleging retaliatory suspension of security clearances while the suspension is in effect, particularly problematic for FBI employees who are suspended without pay during the review process.
The report emphasizes the need for strengthened whistleblower protections within the DOJ, recommending policy amendments to allow employees to file retaliation claims for suspensions lasting longer than a year. It also calls for monthly reviews of security clearance processes lasting more than 90 days and ensuring that employees can retain their employment status during reviews.
Key Points:
– The FBI lacks a clear process for employees to report retaliation concerns when their security clearances are suspended.
– 50 U.S.C. § 3341(j) prohibits agencies from retaliating against employees’ security clearances for protected whistleblowing activity.
– Security clearance reviews at the FBI have averaged nearly 18 months.
– The DOJ’s policy prevents employees from alleging retaliatory suspension of security clearances while the suspension is in effect.
– The report recommends policy amendments to strengthen whistleblower protections within the DOJ and ensure employees’ rights to file retaliation claims.
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