Congressman Langworthy Introduces Legislation to Protect FBI Whistleblowers from Retaliation

WASHINGTON, D.C. – Today, Congressman Nick Langworthy (NY-23) introduced the Protect Whistleblowers from Retribution Act to strengthen protection for whistleblowers within the Department of Justice (DOJ) and Federal Bureau of Investigation (FBI).

“Whistleblowers are essential to oversight of our government agencies, serving as the watchdogs for integrity and accountability, and their protection is the hallmark of a healthy democracy,”said Congressman Langworthy.“Unfortunately, the FBI and DOJ have a long history of quieting whistleblowers by pulling security clearances, delaying investigations, and ending their careers. The Protect Whistleblowers from Retribution Act will ensure those who come forward to do the right thing are able to do so without fearing for their future.”          

The House Select Subcommittee on the Weaponization of Government revealed in its interim report published in May 2023 that FBI whistleblowers often have their clearances held hostage, keeping them from moving on from their positions within the DOJ and finding work in their field of choice.

“Dozens of brave whistleblowers have approached the Judiciary Committee with allegations of political bias and misconduct. These whistleblowers risked their careers and their livelihoods to speak out to shine a light on the problem and to restore public trust in the FBI. Regrettably, loopholes in existing whistleblower protection laws have allowed FBI senior leadership to retaliate against many of these whistleblowers. We commend Congressman Langworthy for introducing the Protect Whistleblowers from Retribution Act, aimed at strengthening safeguards for FBI whistleblowers and putting an end to the Department of Justice’s and the Bureau's retaliatory actions against some of America’s finest law-enforcement officers,”said House Judiciary Committee Chairman Jim Jordan (R-OH).

Specifically, theProtect Whistleblowers from Retribution Act would:

• Clarify investigative authority: Ensure the DOJ Inspector General (IG) is the sole, independent investigative body for whistleblower retaliation investigations.
• Establish reasonable investigation timelines: Require the DOJ IG to communicate in a consistent and timely manner with the impacted whistleblower and complete the investigation within 240 days, putting a stop to the endless delays. 
• Protect security clearances: Prohibit the freezing of clearances as a personnel practice and expunge whistleblower security records if the DOJ is found to have used the clearance in a retaliatory fashion.  
• Grant equal appeal rights: Secures the FBI’s whistleblower’s right to appeal to the Merit Systems Protection Board (MSPB), ensuring that this right is afforded the same as it is to every other federal employee.
• Enhance transparency: Require reports from the DOJ IG on the length of investigations into whistleblower retaliation, the number of reprisals determined in such investigations, the number of investigations sent to MSPB, and the number of times the Attorney General did not implement corrective action.

This legislation is cosponsored by House Judiciary Chairman Jim Jordan (R-OH), and Reps. Kelly Armstrong (R-ND), Lance Gooden (R-TX), Jeff Van Drew (R-NJ), Barry Moore (R-AL), Claudia Tenney (R-NY) and Tom Tiffany (R-WI).  

This legislation is also supported by outside organizations, including ACLJ Action, Empower Oversight, Heritage Action for America, Americans for Prosperity, and America First Policy Institute.

“In the noble pursuit of safeguarding democracy, individuals who dare to shed light on the weaponization of authority within our government face significant risks. Retaliation, not just immediate but with long-lasting effects on one's career and well-being, is a stark reality for these courageous whistleblowers. It is imperative, then, that we stand firm in protecting these voices of integrity. This legislation is not merely a shield; it is a loudspeaker for those committed to holding our government accountable to its highest principle: serving 'We The People.' It ensures that the act of speaking truth to power is recognized not as a liability, but as the bedrock of a transparent and accountable governance,"said Matthew Whitaker, former acting Attorney General of the United States and Chair of the America First Policy Institute’s Center for Law & Justice.

"This bill is a promising first step towards strengthening FBI whistleblower protections, including against retaliation through the suspension of security clearance--currently a favorite tactic of the FBI. Empower Oversight looks forward to working with the House during the committee process to ensure this bill has the desired impact,”said Tristan Leavitt, President of Empower Oversight. 

"This bill provides a helpful starting point to address the FBI's ongoing abuses and violations of whistleblower protections. We look forward to working with Congress to further refine the legislation so that whistleblowers can hold the FBI accountable without fear of retaliation,” said ACLJ Action.

The full text of the legislation can be found here.