Page 1 GAO-25-107794 Whistleblower Protection
November 12, 2024
Mr. Michael E. Horowitz
Inspector General
Department of Justice
Whistleblower Protection: Department of Justice Office of the Inspector General Needs to
Improve Awareness of FBI Employee Rights
Dear Inspector General Horowitz:
We are concurrently issuing this management report and our report on Federal Bureau of
Investigation (FBI) whistleblower retaliation protections.
1
That report discusses the timeliness
and outcomes of FBI whistleblower retaliation complaints, progress the Department of Justice
(DOJ) made to address new FBI whistleblower protections, and DOJ and FBI processes for
reviewing retaliatory security clearance and access determinations.
Among the report’s findings, we found that the 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.
2
We also found that mandatory training
co-sponsored with the FBI did not communicate that FBI whistleblower retaliation complainants
may seek additional 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.
3
Objectives, Scope, and Methodology
This management report describes the findings and recommended actions related to the DOJ
Office of the Inspector General. These findings relate to (1) timeliness of DOJ’s Office of the
Inspector General notifications to complainants and (2) whether mandatory training clearly
1
Although retaliation is generally a broader term that can encompass other actions such as harassment, in this report,
we use the term retaliation to refer to prohibited actions taken in reprisal for a protected disclosure. See 5 U.S.C. §
2303(a) (citing the enumerated list of personnel actions); 50 U.S.C. § 3341(j)(1) (concerning security clearance and
access determinations). GAO, Whistleblower Protection: DOJ and FBI Need to Improve Employees’ Awareness of
Rights, GAO-25-106547, (Washington, D.C.: Nov. 12, 2024).
2
DOJ’s Office of the Inspector General and Office of Professional Responsibility are referred to as the investigating
offices. 28 C.F.R. § 27.3(a)(1). The Office of the Inspector General is a statutorily created independent entity with
jurisdiction to review programs and personnel in all DOJ components, including whistleblower retaliation complaints
and security clearance and access determinations. The Office of Professional Responsibility is part of DOJ and has
jurisdiction to investigate complaints alleging professional misconduct against DOJ attorneys.
3
DOJ and FBI have separate processes to review FBI whistleblower retaliation complaints alleging personnel actions
and security clearance and access determinations. This is because the processes are governed by two different
statutes. 5 U.S.C. § 2303(a) prohibits FBI retaliatory personnel actions and 50 U.S.C. § 3341(j)(1), Presidential Policy
Directive-19(B), and Security Executive Agent Directive 9 prohibit FBI retaliatory security clearance and access
determinations.
