I 

118TH CONGRESS 

2D SESSION H. R. 7750 

To amend section 2303 of title 5, United States Code, to require the Inspector 

General of the Department of Justice to investigate allegations of prohibited against employees of the Federal Bureau of Investigation for whistleblowing, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 20, 2024 

Mr. LANGWORTHY (for himself, Mr. JORDAN, Mr. ARMSTRONG, Mr. GOODEN

of Texas, Mr. MOORE of Alabama, Ms. TENNEY, Mr. TIFFANY, and Mr. 

VAN DREW) introduced the following bill; which was referred to the Committee on Oversight and Accountability 

A BILL 

To amend section 2303 of title 5, United States Code, to 

require the Inspector General of the Department of Justice to investigate allegations of prohibited against employees of the Federal Bureau of Investigation for whistleblowing, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Whistle5 blowers from Retribution Act’’. 


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1 SEC. 2. INSPECTOR GENERAL RESPONSIBLE FOR FBI WHIS2 TLEBLOWER RETALIATION INVESTIGATIONS. 

3 (a) IN GENERAL.—Section 2303 of title 5, United 

4 States Code, is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1), by redesignating 

7 subparagraphs (A) through (H) as clauses (i) 

8 through (viii), respectively; 

9 (B) in paragraph (2), by redesignating 

10 subparagraphs (A) and (B) as clauses (i) and 

11 (ii), respectively; 

12 (C) by redesignating paragraphs (1) and 

13 (2) as subparagraphs (A) and (B), respectively; 

14 (D) in the matter preceding subparagraph 

15 (A), as so redesignated, by striking ‘‘reprisal 

16 for’’ and all that follows and inserting the fol17 lowing: ‘‘reprisal for— 

18 ‘‘(1) a disclosure described in section 

19 2302(b)(8)(A), if such disclosure is not specifically 

20 prohibited by law and if such information is not spe21 cifically required by Executive order to be kept se22 cret in the interest of national defense or the con23 duct of foreign affairs; or 

24 ‘‘(2) a disclosure of information—’’; 

25 (E) by striking ‘‘clauses (i) through (x)’’ 

26 and inserting ‘‘clauses (i) through (xii)’’; and 


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1 (F) by inserting after ‘‘of this title with re2 spect to’’ the following: ‘‘, or the initiation or 

3 extension of an investigation into or denial, sus4 pension, or revocation of the security clearance 

5 of,’’; 

6 (2) in subsection (c)— 

7 (A) by inserting ‘‘subsections (d), (g), and 

8 (e) and the’’ before ‘‘applicable provisions’’; and 

9 (B) by striking ‘‘sections 1214 and’’ and 

10 inserting ‘‘section’’; 

11 (3) by redesignating subsection (d) as sub12 section (g); and 

13 (4) by inserting after subsection (c) the fol14 lowing new subsections: 

15 ‘‘(d)(1) The Inspector General of the Department of 

16 Justice shall, in accordance with subsection (e), receive 

17 and investigate each allegation made by an employee or 

18 former employee of, or applicant for a position in, the Fed19 eral Bureau of Investigation of a reprisal in violation of 

20 subsection (a) and, where appropriate— 

21 ‘‘(A) bring petitions for stays, and petitions for 

22 corrective action, under subsection (e); and 

23 ‘‘(B) file a complaint or make recommendations 

24 for disciplinary action under subsection (f). 


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1 ‘‘(2) For the purposes of carrying out subsection (d), 

2 the Inspector General of the Department of Justice shall 

3 have the same authorities and responsibilities provided to, 

4 and be subject to the same requirements as, the Special 

5 Counsel under subsections (b) through (g) of section 1212 

6 with respect to an investigation, review, or inquiry con7 ducted under section 1214 or 1215, except that the re8 quirement described in subsection (b)(6) of section 1212 

9 shall not apply with respect to the Inspector General. 

10 ‘‘(e)(1)(A)(i) The Inspector General of the Depart11 ment of Justice shall receive each allegation described in 

12 subsection (d) and shall investigate the allegation to the 

13 extent necessary to determine whether there are reason14 able grounds to believe that a reprisal in violation of sub15 section (a) has occurred, exists, or is going to be taken. 

16 ‘‘(ii) Within 15 days after the date of re17 ceiving an allegation of a reprisal in violation of 

18 subsection (a) under subparagraph (A), the In19 spector General of the Department of Justice 

20 shall provide written notice to the person who 

21 made the allegation that— 

22 ‘‘(I) the allegation has been received 

23 by the Inspector General; and 

24 ‘‘(II) shall include the name of a per25 son at the Office of Inspector General of 


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1 the Department of Justice who shall serve 

2 as a contact with the person making the 

3 allegation. 

4 ‘‘(iii) Unless an investigation is terminated 

5 under subparagraph (B), the Inspector General 

6 of the Department of Justice shall— 

7 ‘‘(I) within 90 days after notice is 

8 provided under clause (ii), notify the per9 son who made the allegation of the status 

10 of the investigation and any action taken 

11 by the Office of the Inspector General of 

12 the Department of Justice since the filing 

13 of the allegation; 

14 ‘‘(II) notify such person of the status 

15 of the investigation and any action taken 

16 by such Office since the last notice, at 

17 least every 60 days after notice is given 

18 under subclause (I); and 

19 ‘‘(III) notify such person of the status 

20 of the investigation and any action taken 

21 by the Inspector General at such time as 

22 determined appropriate by the Inspector 

23 General. 

24 ‘‘(iv) No later than 10 days before the In25 spector General of the Department of Justice 


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1 terminates any investigation of a prohibited 

2 personnel practice, the Inspector General shall 

3 provide a written status report to the person 

4 who made the allegation of the proposed find5 ings of fact and legal conclusions. The person 

6 may submit written comments about the report 

7 to the Inspector General. The Inspector General 

8 shall not be required to provide a subsequent 

9 written status report under this clause after the 

10 submission of such written comments. 

11 ‘‘(B)(i) Not later than 30 days after the Inspec12 tor General of the Department of Justice terminates 

13 any investigation under subparagraph (A), the In14 spector General shall prepare and transmit to any 

15 person on whose allegation the investigation was ini16 tiated a written statement notifying the person of— 

17 ‘‘(I) the termination of the investiga18 tion; 

19 ‘‘(II) a summary of relevant facts 

20 ascertained by the Inspector General, in21 cluding the facts that support, and the 

22 facts that do not support, the allegations 

23 of such person; 

24 ‘‘(III) the reasons for terminating the 

25 investigation; and 


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1 ‘‘(IV) a response to any comments 

2 submitted under subparagraph (A)(iv). 

3 ‘‘(ii) A written statement under clause (i) may 

4 not be admissible as evidence in any judicial or ad5 ministrative proceeding, without the consent of the 

6 person who received such statement under such 

7 clause. 

8 ‘‘(C) In addition to any authority granted under 

9 subparagraph (A), the Inspector General may, in the 

10 absence of an allegation, conduct an investigation 

11 for the purpose of determining whether there are 

12 reasonable grounds to believe that a reprisal in viola13 tion of subsection (a) has occurred, exists, or is 

14 going to be taken. 

15 ‘‘(D)(i) Notwithstanding any other provision of 

16 this subsection, not later than 30 days after the date 

17 on which the Inspector General of the Department 

18 of Justice receives an allegation of a reprisal in vio19 lation of subsection (a) under subparagraph (A), the 

20 Inspector General may terminate an investigation of 

21 the allegation without further inquiry if the Inspec22 tor General determines that— 

23 ‘‘(I) the same allegation, based on the 

24 same set of facts and circumstances, had 

25 previously been— 


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1 ‘‘(aa)(AA) made by the indi2 vidual; and 

3 ‘‘(BB) investigated by the 

4 Inspector General; or 

5 ‘‘(bb) filed by the individual with 

6 the Merit Systems Protection Board; 

7 ‘‘(II) the Inspector General does not 

8 have jurisdiction to investigate the allega9 tion; or 

10 ‘‘(III) the individual knew or should 

11 have known of the alleged reprisal in viola12 tion of subsection (a) on or before the date 

13 that is 3 years before the date on which 

14 the Inspector General received the allega15 tion. 

16 ‘‘(ii) Not later than 30 days after the date on 

17 which the Inspector General of the Department of 

18 Justice terminates an investigation under clause (i), 

19 the Inspector General shall provide a written notifi20 cation to the individual who submitted the allegation 

21 of a reprisal in violation of subsection (a) that states 

22 the basis of the Inspector General for terminating 

23 the investigation. 

24 ‘‘(2)(A)(i)(I) The Inspector General of the Depart25 ment of Justice may request any member of the Merit SysVerDate Sep 11 2014 19:28 Apr 04, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7750.IH H7750

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1 tems Protection Board to order a stay of any personnel 

2 action (as defined in subsection (a)) for 45 days if the 

3 Inspector General determines that there are reasonable 

4 grounds to believe that the personnel action was taken, 

5 or is going to be taken, as a result of a reprisal in violation 

6 of subsection (a). 

7 ‘‘(II) Any member of the Merit Systems 

8 Protection Board requested by the Inspector 

9 General of the Department of Justice to order 

10 a stay under subclause (I) shall order such stay 

11 unless the member determines that, under the 

12 facts and circumstances involved, such a stay 

13 would not be appropriate. 

14 ‘‘(III) Unless denied under subclause (II), 

15 any stay under this clause shall be granted 

16 within 3 calendar days (excluding Saturdays, 

17 Sundays, and legal holidays) after the date of 

18 the request for the stay by the Inspector Gen19 eral of the Department of Justice. 

20 ‘‘(ii)(I) The Merit Systems Protection Board 

21 may extend the period of any stay granted under 

22 clause (i) for any period which the Board considers 

23 appropriate. 

24 ‘‘(II) If the Merit Systems Protection 

25 Board lacks the number of members appointed 


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1 under section 1201 required to constitute a 

2 quorum, any remaining member of the Board 

3 may, upon request by the Inspector General of 

4 the Department of Justice, extend the period of 

5 any stay granted under clause (i). 

6 ‘‘(iii) A stay may be terminated by the Merit 

7 Systems Protection Board at any time, except that 

8 a stay may not be terminated by the Board— 

9 ‘‘(I) on its own motion or on the motion of 

10 an agency, unless notice and opportunity for 

11 oral or written comments are first provided to 

12 the Inspector General of the Department of 

13 Justice and the individual on whose behalf the 

14 stay was ordered; or 

15 ‘‘(II) on motion of the Inspector General, 

16 unless notice and opportunity for oral or writ17 ten comments are first provided to the indi18 vidual on whose behalf the stay was ordered. 

19 ‘‘(iv) If the Merit Systems Protection Board 

20 grants a stay under clause (i), the Attorney General 

21 shall give priority to a request for a transfer sub22 mitted by the employee who is the subject of the ac23 tion. 

24 ‘‘(B)(i)(I) Except as provided under subclause (II), 

25 no later than 240 days after the date of receiving an alleVerDate Sep 11 2014 19:28 Apr 04, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7750.IH H7750

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1 gation of a reprisal in violation of subsection (a) under 

2 subparagraph (A), the Inspector General of the Depart3 ment of Justice shall make a determination whether there 

4 are reasonable grounds to believe that a reprisal in viola5 tion of subsection (a) has occurred, exists, or is going to 

6 be taken. 

7 ‘‘(II) If the Inspector General of the Depart8 ment of Justice is unable to make the required de9 termination within the 240-day period specified 

10 under subclause (I) and the person submitting the 

11 allegation of a reprisal in violation of subsection (a) 

12 agrees to an extension of time, the determination 

13 shall be made within such additional period of time 

14 as shall be agreed upon between the Inspector Gen15 eral and the person submitting the allegation. 

16 ‘‘(ii) If, in connection with any investigation, the In17 spector General of the Department of Justice determines 

18 that there are reasonable grounds to believe that a reprisal 

19 in violation of subsection (a) has occurred, exists, or is 

20 going to be taken which requires corrective action, the In21 spector General shall report the determination together 

22 with any findings or recommendations to the Merit Sys23 tems Protection Board, the Attorney General, and the Of24 fice of Personnel Management, and may report such deter25 mination, findings and recommendations to the President. 


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1 The Inspector General may include in the report rec2 ommendations for corrective action to be taken. 

3 ‘‘(iii) If, after a reasonable period of time, but not 

4 later than 30 days after the Inspector General of the De5 partment of Justice submits the report under clause (ii), 

6 the Federal Bureau of Investigation does not act to cor7 rect the reprisal in violation of subsection (a), the Inspec8 tor General may petition the Merit Systems Protection 

9 Board for corrective action. 

10 ‘‘(iv) If the Inspector General of the Department of 

11 Justice finds, in consultation with the individual subject 

12 to the reprisal in violation of subsection (a), that the Fed13 eral Bureau of Investigation has acted to correct the re14 prisal in violation of subsection (a), the Inspector General 

15 shall file such finding with the Merit Systems Protection 

16 Board, together with any written comments which the in17 dividual may provide. 

18 ‘‘(v) A determination by the Inspector General of the 

19 Department of Justice under this subparagraph shall not 

20 be cited or referred to in any proceeding under this sub21 paragraph or any other administrative or judicial pro22 ceeding for any purpose, without the consent of the person 

23 submitting the allegation of a reprisal in violation of sub24 section (a). 


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1 ‘‘(C)(i) Whenever the Inspector General of the De2 partment of Justice petitions the Merit Systems Protec3 tion Board for corrective action under this section, the 

4 Board shall provide an opportunity for— 

5 ‘‘(I) oral or written comments by the In6 spector General, the Federal Bureau of Inves7 tigation, and the Office of Personnel Manage8 ment; and 

9 ‘‘(II) written comments by any individual 

10 who alleges to be the subject of the reprisal in 

11 violation of subsection (a). 

12 ‘‘(ii) The Merit Systems Protection Board shall 

13 make available the oral and written comments de14 scribed in clause (i)(I) to any individual who alleges 

15 to be the subject of a reprisal in violation of sub16 section (a) with respect to which such comments 

17 were made. 

18 ‘‘(D)(i) Subject to the provisions of clause (ii), the 

19 Merit Systems Protection Board shall order such correc20 tive action as the Board considers appropriate if the In21 spector General of the Department of Justice has dem22 onstrated that a disclosure described in subsection (a) was 

23 a contributing factor in the personnel action (as defined 

24 in such subsection) which was taken or is going to be 

25 taken against the individual. 


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1 ‘‘(ii) Corrective action under clause (i) may not be 

2 ordered if, after a finding that a disclosure described in 

3 subsection (a) was a contributing factor, the agency dem4 onstrates by clear and convincing evidence that it would 

5 have taken the same personnel action in the absence of 

6 such disclosure. 

7 ‘‘(3)(A) Judicial review of any final order or decision 

8 of the Merit Systems Protection Board under this sub9 section may be obtained by any employee, former em10 ployee, or applicant for employment adversely affected by 

11 such order or decision. 

12 ‘‘(B) A petition for review under this subsection shall 

13 be filed with such court, and within such time, as provided 

14 for under section 7703(b). 

15 ‘‘(4) If, in connection with any investigation under 

16 this section, the Inspector General of the Department of 

17 Justice determines that there is reasonable cause to be18 lieve that a criminal violation has occurred, the Inspector 

19 General of the Department of Justice shall report the de20 termination to the Attorney General, and shall submit a 

21 copy of the report to the Director of the Office of Per22 sonnel Management and the Director of the Office of Man23 agement and Budget. 

24 ‘‘(5) If, in connection with any investigation under 

25 this section, the Inspector General of the Department of 


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1 Justice determines that there is reasonable cause to be2 lieve that any violation of any law, rule, or regulation has 

3 occurred other than one referred to in paragraph (2) or 

4 (4), the Inspector General shall report such violation to 

5 the Attorney General. The Inspector General shall require, 

6 within 30 days after the receipt of the report by the Attor7 ney General, a certification by the Attorney General which 

8 states— 

9 ‘‘(A) that the Attorney General has personally 

10 reviewed the report; and 

11 ‘‘(B) what action has been or is going to be 

12 taken, and when the action will be completed. 

13 ‘‘(6) During any investigation initiated under this 

14 section, no disciplinary action shall be taken against any 

15 employee for any alleged prohibited activity under inves16 tigation or for any related activity without the approval 

17 of the Inspector General of the Department of Justice. 

18 ‘‘(7) If the Merit Systems Protection Board orders 

19 corrective action under this subsection, such corrective ac20 tion may include— 

21 ‘‘(A) that the individual be placed, as nearly as 

22 possible, in the position the individual would have 

23 been in had the reprisal in violation of subsection (a) 

24 not occurred, including with respect to the individ25 ual’s security clearance and access determination 


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1 and the expungement of any record of an adverse 

2 determination as a result of such reprisal in the cur3 rent investigation file (as such term is defined in 

4 section 3001(a)(5) of the Intelligence Reform and 

5 Terrorism Prevention Act of 2004 (50 U.S.C. 

6 3341(a)(5))) of the individual; and 

7 ‘‘(B) reimbursement for attorney’s fees, back 

8 pay and related benefits, medical costs incurred, 

9 travel expenses, any other reasonable and foreseeable 

10 consequential damages, and compensatory damages 

11 (including interest, reasonable expert witness fees, 

12 and costs). 

13 ‘‘(8) Any corrective action ordered under this sub14 section to correct a reprisal in violation of subsection (a) 

15 may include fees, costs, or damages reasonably incurred 

16 due to an agency investigation of the employee, if such 

17 investigation was commenced, expanded, or extended in 

18 retaliation for the disclosure that formed the basis of the 

19 corrective action. 

20 ‘‘(9) The Inspector General of the Department of 

21 Justice may petition the Merit Systems Protection Board 

22 to order corrective action, including fees, costs, or dam23 ages reasonably incurred by an employee due to an inves24 tigation of the employee by an agency, if the investigation 

25 by an agency was commenced, expanded, or extended in 


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1 retaliation for a disclosure described in subsection (a), 

2 without regard to whether a personnel action (as defined 

3 in such subsection), is taken. 

4 ‘‘(f)(1) If the Inspector General of the Department 

5 of Justice determines that disciplinary action should be 

6 taken against any employee for having committed a re7 prisal in violation of subsection (a) or knowingly and will8 fully refused or failed to comply with an order of the Merit 

9 Systems Protection Board with respect to such a violation, 

10 the Inspector General shall prepare a written complaint 

11 against the employee containing the determination of the 

12 Inspector General, together with a statement of sup13 porting facts, and present the complaint and statement 

14 to the employee and the Board, in accordance with this 

15 subsection. 

16 ‘‘(2) Any employee against whom the Inspector Gen17 eral of the Department of Justice presents a complaint 

18 to the Merit Systems Protection Board under paragraph 

19 (1) is entitled to— 

20 ‘‘(A) a reasonable time to answer orally and in 

21 writing, and to furnish affidavits and other docu22 mentary evidence in support of the answer; 

23 ‘‘(B) be represented by an attorney or other 

24 representative; 


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1 ‘‘(C) a hearing before the Board or an adminis2 trative law judge appointed under section 3105 and 

3 designated by the Board; 

4 ‘‘(D) have a transcript kept of any hearing 

5 under subparagraph (C); and 

6 ‘‘(E) a written decision and reasons therefor at 

7 the earliest practicable date, including a copy of any 

8 final order imposing disciplinary action. 

9 ‘‘(3)(A) A final order of the Merit Systems Protection 

10 Board pursuant a case brought under paragraph (1) may 

11 impose— 

12 ‘‘(i) disciplinary action consisting of re13 moval, reduction in grade, debarment from 

14 Federal employment for a period not to exceed 

15 5 years, suspension, or reprimand; 

16 ‘‘(ii) an assessment of a civil penalty not to 

17 exceed $10,000; or 

18 ‘‘(iii) any combination of disciplinary ac19 tions described under clause (i) and an assess20 ment described under clause (ii). 

21 ‘‘(B) In any case brought under paragraph (1) 

22 in which the Merit Systems Protection Board finds 

23 that an employee has committed a reprisal in viola24 tion of subsection (a), the Board may impose dis25 ciplinary action if the Board finds that the discloVerDate Sep 11 2014 19:28 Apr 04, 2024 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H7750.IH H7750

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1 sure described in subsection (a) was a significant 

2 motivating factor, even if other factors also moti3 vated the decision, for the decision of the employee 

4 to take, fail to take, or threaten to take or fail to 

5 take a personnel action (as defined in subsection 

6 (a)), unless that employee demonstrates, by a pre7 ponderance of the evidence, that the employee would 

8 have taken, failed to take, or threatened to take or 

9 fail to take the same personnel action, in the ab10 sence of such protected activity. 

11 ‘‘(4) There may be no administrative appeal from an 

12 order of the Merit Systems Protection Board. An employee 

13 subject to a final order imposing disciplinary action under 

14 this subsection may obtain judicial review of the order by 

15 filing a petition therefor with such court, and within such 

16 time, as provided for under section 7703(b). 

17 ‘‘(g)(1) Not later than one year after the date of the 

18 enactment of this subsection, and annually thereafter, the 

19 Inspector General of the Department of Justice shall sub20 mit to the Committees on the Judiciary of the House of 

21 Representatives and the Senate, the Committee on Over22 sight and Reform of the House of Representatives, and 

23 the Committee on Homeland Security and Governmental 

24 Affairs of the Senate a report on the investigations conVerDate Sep 11 2014 19:28 Apr 04, 2024 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H7750.IH H7750

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1 ducted by the Inspector General under this section during 

2 the one-year period preceding such report. 

3 ‘‘(2) Each report required by paragraph (1) shall in4 clude, for the period covered by such report— 

5 ‘‘(A) the number of completed investigations 

6 conducted by the Inspector General of the Depart7 ment of Justice under this section; 

8 ‘‘(B) the duration of each such investigation; 

9 ‘‘(C) the number of reprisals in violation of sub10 section (a) found pursuant to such investigations; 

11 ‘‘(D) the number of employees of the Federal 

12 Bureau of Investigation who made such a reprisal; 

13 ‘‘(E) the number of such reprisals with respect 

14 to which the Inspector General, under this section, 

15 petitioned to the Merit Systems Protection Board 

16 for corrective action or presented a complaint to the 

17 Board; 

18 ‘‘(F) how long the Merit Systems Protection 

19 Board took to make a final decision or issue a final 

20 order with respect to each such petition or com21 plaint; 

22 ‘‘(G) the disciplinary actions and penalties im23 posed on employees described in subparagraph (D) 

24 by the Board under subsection (f); and 


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1 ‘‘(H) the number of allegations of reprisals in 

2 violation of subsection (a) for which the Attorney 

3 General did not correct the reprisal, as determined 

4 by the Inspector General determined under sub5 section (e).’’. 

6 (b) REGULATIONS.—Not later than 90 days after the 

7 date of the enactment of this Act, the Attorney General 

8 shall revise such regulations as are necessary to implement 

9 the amendments made by this Act. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 subsection (a) shall take effect on the date that is 90 days 

12 after the date of the enactment of this Act. 

Æ 


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