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house Bill H.R. 5790

Do FBI Whistleblowers Need Better Protection From Retaliation?

Argument in favor

FBI whistleblowers should feel secure in knowing that they won’t be retaliated against for reporting waste, fraud, abuse, or other misconduct and current law doesn’t offer them that.

Loraki's Opinion
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09/03/2016
I agree with Rep. Jason Chaffetz (R-UT): “Whistleblowers play an indispensable role in rooting out waste, fraud, and abuse within federal agencies. As the only federal law enforcement employees exempt from the Whistleblower Protection Act, FBI whistleblowers need a process they can count on to protect them. They shouldn’t have to worry about losing their jobs for telling the truth. The existing process simply doesn’t work.”
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TuckerWantsLiberty's Opinion
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11/01/2016
Reporting fraud, abuse, and crime should not, itself, be a crime. Especially when they are committed by our government against its citizens and their liberties.
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IKH's Opinion
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11/01/2016
Definitely. In Common Sense, Thomas Paine described the government as a necessary evil. When the government oversteps its authority, it is the peoples' duty to protect those who reveal those instances. Voters, it is our responsibility to make sure our government is transparent, since it is not in the government's self interest to do so. People in the government that leak classified information pertaining to injustices against America's own people must be protected.
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Argument opposed

There are already laws on the books protecting FBI whistleblowers, they just need to follow the proper procedures and go to the Inspector General rather than their supervisors.

Kimberley's Opinion
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11/01/2016
The FBI has a great deal of power already, and this should be carefully balanced with the rights of those being investigated. I believe the FBI is not objective in its investigations, but has been shown to have a political interest.
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cmesin's Opinion
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09/05/2016
These protections should be extended to all whistleblowers of waste and fraud through out our government.
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Elijah's Opinion
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11/02/2016
Did I here whistle blower? I believe whistle blowers have done a great deal of justice to report abuse in power. Hence I disagree with this proposal.
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What is House Bill H.R. 5790?

This bill would expand protections for employees of the Federal Bureau of Investigation (FBI) who report instances of waste, fraud, and abuse up the chain of command. It would also streamline the process for investigating incidents of retaliation against whistleblowers.

If an FBI employee or an applicant for a position at the Bureau files a whistleblower complaint with the Office of the Inspector General, up their direct chain of command, or to other designated entities they would be explicitly protected from being targeted for retaliation. The legislation would also make it easier to identify retaliation against whistleblowers by defining the types of personnel actions that constitute retaliation.

The Dept. of Justice (DOJ) Office of the Inspector General would be given the sole authority to investigate claims of retaliation against whistleblowers. Administrative judges would be tasked with hearing the cases, thus giving FBI employees the ability to appeal to the federal courts.

Under current law, FBI employees are exempt from the Whistleblower Protection Act, meaning that they’re required to report whistleblower complaints to specific offices rather than up their chain of command.

Impact

FBI employees or job applicants who file whistleblower complaints; FBI employees who supervise complainants or deal with compalints; the FBI; and the DOJ.

Cost of House Bill H.R. 5790

A CBO cost estimate is unavailable.

More Information

In-Depth: Sponsoring Rep. Jason Chaffetz (R-UT) introduced this bill to ensure that whistleblowers at the FBI feel empowered to come forward without fear of retaliation:

“Whistleblowers play an indispensable role in rooting out waste, fraud, and abuse within federal agencies. As the only federal law enforcement employees exempt from the Whistleblower Protection Act, FBI whistleblowers need a process they can count on to protect them. They shouldn’t have to worry about losing their jobs for telling the truth. The existing process simply doesn’t work.”

This legislation has the bipartisan support of nine cosponsors in the House, including five Republicans and four Democrats.


Of Note: The Washington Post noted that FBI Director James Comey was receptive to whistleblower reforms within the Bureau at a December hearing, where he said:

“I think it’s very, very important that we create the safe zones that all of our people need to raise concerns that they might have. That’s potentially a huge range of things. So I want to be thoughtful about what we’re considering whistleblowing as we do this. But I’m open to try and improve the way we approach it.”


Media:

Summary by Eric Revell
(Photo Credit: FBI Photosimage)

AKA

Federal Bureau of Investigation Whistleblower Protection Enhancement Act of 2016

Official Title

To provide adequate protections for whistleblowers at the Federal Bureau of Investigation.

bill Progress

  • EnactedDecember 16th, 2016
    The President signed this bill into law
  • The senate Passed December 10th, 2016
    Passed by Voice Vote
  • The house Passed December 7th, 2016
    Roll Call Vote 404 Yea / 0 Nay
      house Committees
      Committee on Oversight and Reform
    IntroducedJuly 14th, 2016
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    Loraki's Opinion In Favor
    ···
    09/03/2016
    I agree with Rep. Jason Chaffetz (R-UT): “Whistleblowers play an indispensable role in rooting out waste, fraud, and abuse within federal agencies. As the only federal law enforcement employees exempt from the Whistleblower Protection Act, FBI whistleblowers need a process they can count on to protect them. They shouldn’t have to worry about losing their jobs for telling the truth. The existing process simply doesn’t work.”
    Like (56)
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    TuckerWantsLiberty's Opinion In Favor
    ···
    11/01/2016
    Reporting fraud, abuse, and crime should not, itself, be a crime. Especially when they are committed by our government against its citizens and their liberties.
    Like (28)
    Follow
    Share
    IKH's Opinion In Favor
    ···
    11/01/2016
    Definitely. In Common Sense, Thomas Paine described the government as a necessary evil. When the government oversteps its authority, it is the peoples' duty to protect those who reveal those instances. Voters, it is our responsibility to make sure our government is transparent, since it is not in the government's self interest to do so. People in the government that leak classified information pertaining to injustices against America's own people must be protected.
    Like (19)
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    operaman's Opinion In Favor
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    09/03/2016
    I would never believe an FBI agent would cheat or defraud the Organization. But the examples set by Government and the flow of cash certainly doesn't neutralize my concerns. Besides, too many bodies have showed up in DC. So a whistleblower need protection and living expenses until all claims are resolved. Those who retaliate should be held to higher penalties including jail and big fines. Our system of government today treats whistleblowers like lepers.
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    Peter's Opinion In Favor
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    11/01/2016
    Accountability and transparency are necessary for a democratic government for, by, and of the people. We should encourage internal vigilance of our institutions, and protect and applaud those who hold up the government's integrity by exposing those who would tarnish or corrupt it.
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    B.R.'s Opinion In Favor
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    09/02/2016
    If the current process does not work, then fix it. It is important that they are protected against retaliation.
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    Tara's Opinion In Favor
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    09/03/2016
    We all know that white collar crimes exist, that there are bad eggs, undercover and greedy agents, you name it. Fraud and waste is part of our government system and anyone who doesn't know or acknowledge that is just plain ignorant. Whistleblowers should feel secure and safe that they can go to their supervisors and the inspector general with information that is crucial to bettering our government. Procedures and laws are in place for these types of situations however, there should be more laws which protect people who have a proper case for fraud and waste - rather than the 'laws' which are in place that did not prosecute Hillary Clinton.
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    BrianGarza's Opinion In Favor
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    11/01/2016
    Reporting a crime should not be a crime.
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    chrisguillaume's Opinion In Favor
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    11/02/2016
    A whistleblower of any institute should not fear retaliation when reporting any issue whatsoever. This fear of retaliation would keep the issue that must be stated (first step in fixing a problem is admitting that there is one) from being reported. Yes there are laws against this, but they have many loopholes that must be closed! We must maintain the identity of said whistleblower to be anonymous so no threats can be layed upon this person. A Nay vote on this bill is a vote for corruption within the Federal Bureau of Investigation!
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    Maggie's Opinion In Favor
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    09/02/2016
    To encourage more whistle blowers, they have to feel safe.
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    Leo's Opinion In Favor
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    12/08/2016
    Reducing illegal shenanigans within our government requires protection for those exposing them.
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    Mike's Opinion In Favor
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    11/01/2016
    Transparency is important in any government organization and those who may feel the need to expose corruption do not need to worry about being retaliated against.
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    Kevin's Opinion In Favor
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    11/02/2016
    A transparent government is a government of its citizens.
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    TheRobNoble's Opinion In Favor
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    09/03/2016
    Reporting fraud, waste, and even abuse can save our country in the millions of dollars. We should never hinder those that have the courage to stand up and shine a spotlight on these acts.
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    AngryInfidel's Opinion In Favor
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    09/04/2016
    Doing the right thing should never cause problems for anyone.
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    cmesin's Opinion Against
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    09/05/2016
    These protections should be extended to all whistleblowers of waste and fraud through out our government.
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    Jim2423's Opinion In Favor
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    09/02/2016
    If you are willing to step up to the plate with the truth, you should be protected.
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    Kimberley's Opinion Against
    ···
    11/01/2016
    The FBI has a great deal of power already, and this should be carefully balanced with the rights of those being investigated. I believe the FBI is not objective in its investigations, but has been shown to have a political interest.
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    SUMN3R's Opinion In Favor
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    11/02/2016
    Duh
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    Cameron's Opinion In Favor
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    11/01/2016
    These people risk their lives to better the United States and the people's knowledge and safety. This allows them to be more comfortable giving us this information.
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