IB 
Union Calendar No. 656 
114TH CONGRESS 
2D SESSION 
H. R. 5790 
[Report No. 114–835] 
To provide adequate protections for whistleblowers at the Federal Bureau 
of Investigation. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 14, 2016 
Mr. CHAFFETZ (for himself, Mr. JEFFRIES, Mr. SENSENBRENNER, Mr. CON-
YERS, Mr. POE of Texas, Ms. SPEIER, Mr. COFFMAN, Mr. BLUM, Mr. 
RICE of South Carolina, and Mr. CUMMINGS) introduced the following 
bill; which was referred to the Committee on Oversight and Government 
Reform 
NOVEMBER 29, 2016 
Additional sponsors: Mr. LYNCH, Mr. VAN HOLLEN, and Miss RICE of New 
York 
NOVEMBER 29, 2016 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
VerDate Sep 11 2014 
22:05 Nov 29, 2016
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H5790.RH
H5790
sradovich on DSK3GMQ082PROD with BILLS
A BILL 
To provide adequate protections for whistleblowers at the 
Federal Bureau of Investigation. 
VerDate Sep 11 2014 
22:05 Nov 29, 2016
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H5790.RH
H5790
sradovich on DSK3GMQ082PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Bureau of In-
vestigation Whistleblower Protection Enhancement Act of 
2016’’. 
SEC. 2. FBI WHISTLEBLOWER PROTECTIONS. 
(a) IN GENERAL.—Section 2303 of title 5, United 
States Code, is amended to read as follows: 
‘‘§ 2303. Prohibited personnel practices in the Fed-
eral Bureau of Investigation 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘administrative law judge’ means 
an administrative law judge appointed by the Attor-
ney General under section 3105 or used by the At-
torney General under section 3344; 
‘‘(2) the term ‘Inspector General’ means the In-
spector General of the Department of Justice; 
‘‘(3) the term ‘personnel action’ means any ac-
tion described in section 2302(a)(2)(A) with respect 
to an employee in, or applicant for, a position in the 
Federal Bureau of Investigation (other than a posi-
tion of a confidential, policy-determining, policy-
making, or policy-advocating character); 
VerDate Sep 11 2014 
22:05 Nov 29, 2016
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5790.RH
H5790
sradovich on DSK3GMQ082PROD with BILLS
‘‘(4) the term ‘prohibited personnel practice’ 
means a prohibited personnel practice described in 
subsection (b); and 
‘‘(5) the term ‘protected disclosure’ means any 
disclosure of information by an employee in, or ap-
plicant for, a position in the Federal Bureau of In-
vestigation— 
‘‘(A) made— 
‘‘(i) in the case of an employee, to a 
supervisor in the direct chain of command 
of the employee, up to and including the 
head of the employing agency; 
‘‘(ii) to the Inspector General; 
‘‘(iii) to the Office of Professional Re-
sponsibility of the Department of Justice; 
‘‘(iv) to the Office of Professional Re-
sponsibility of the Federal Bureau of In-
vestigation; 
‘‘(v) to the Inspection Division of the 
Federal Bureau of Investigation; 
‘‘(vi) as described in section 7211; 
‘‘(vii) to the Office of Special Counsel; 
or 
‘‘(viii) to an employee designated by 
any officer, employee, office, or division de-
VerDate Sep 11 2014 
22:05 Nov 29, 2016
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5790.RH
H5790
sradovich on DSK3GMQ082PROD with BILLS
scribed in clauses (i) through (vii) for the 
purpose of receiving such disclosures; and 
‘‘(B) which the employee or applicant rea-
sonably believes evidences— 
‘‘(i) any violation of any law, rule, or 
regulation; or 
‘‘(ii) gross mismanagement, a gross 
waste of funds, an abuse of authority, or 
a substantial and specific danger to public 
health or safety. 
‘‘(b) PROHIBITED PRACTICES.—Any employee of the 
Federal Bureau of Investigation or another component of 
the Department of Justice who has authority to take, di-
rect others to take, recommend, or approve any personnel 
action, shall not, with respect to such authority— 
‘‘(1) take or fail to take, or threaten to take or 
fail to take, a personnel action with respect to an 
employee in, or applicant for, a position in the Fed-
eral Bureau of Investigation because of a protected 
disclosure; 
‘‘(2) take or fail to take, or threaten to take or 
fail to take, any personnel action against an em-
ployee in, or applicant for, a position in the Federal 
Bureau of Investigation because of— 
VerDate Sep 11 2014 
22:05 Nov 29, 2016
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5790.RH
H5790
sradovich on DSK3GMQ082PROD with BILLS
‘‘(A) the exercise of any appeal, complaint, 
or grievance right granted by any law, rule, or 
regulation— 
‘‘(i) with regard to remedying a viola-
tion of paragraph (1); or 
‘‘(ii) other than with regard to rem-
edying a violation of paragraph (1); 
‘‘(B) testifying for or otherwise lawfully as-
sisting any individual in the exercise of any 
right referred to in clause (i) or (ii) of subpara-
graph (A); 
‘‘(C) cooperating with or disclosing infor-
mation to the Inspector General of an agency, 
or the Special Counsel, in accordance with ap-
plicable provisions of law; or 
‘‘(D) refusing to obey an order that would 
require the individual to violate a law; or 
‘‘(3) implement or enforce any nondisclosure 
policy, form, or agreement, if such policy, form, or 
agreement does not contain the statement described 
in section 2302(b)(13). 
‘‘(c) PROCEDURES.— 
‘‘(1) FILING OF A COMPLAINT.—An employee 
in, or applicant for, a position in the Federal Bureau 
of Investigation may seek review of a personnel ac-
VerDate Sep 11 2014 
22:05 Nov 29, 2016
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5790.RH
H5790
sradovich on DSK3GMQ082PROD with BILLS
tion alleged to be in violation of subsection (b) by fil-
ing a complaint with the Office of the Inspector 
General. 
‘‘(2) INVESTIGATION.— 
‘‘(A) IN GENERAL.—The Inspector General 
shall investigate any complaint alleging a per-
sonnel action in violation of subsection (b), con-
sistent with the procedures and requirements 
described in section 1214. 
‘‘(B) 
DETERMINATION.—The 
Inspector 
General shall issue a decision containing the 
findings of the Inspector General supporting 
the determination of the Inspector General. 
‘‘(C) PRELIMINARY RELIEF.— 
‘‘(i) IN
GENERAL.—If the Inspector 
General determines under subparagraph 
(B) that reasonable grounds exist to be-
lieve that a personnel action occurred, ex-
ists, or is to be taken, in violation of sub-
section (b)— 
‘‘(I) the Inspector General shall 
request from an administrative law 
judge a preliminary order providing 
relief from the personnel action; and 
VerDate Sep 11 2014 
22:05 Nov 29, 2016
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5790.RH
H5790
sradovich on DSK3GMQ082PROD with BILLS
‘‘(II) except as provided in clause 
(ii), the administrative law judge, 
without further proceedings, shall 
issue such an order. 
‘‘(ii) GOOD CAUSE.—Upon motion by 
the Government, after notice and an op-
portunity to be heard, and if the adminis-
trative law judge determines that there is 
a particularized showing of good cause that 
an order should not be issued returning an 
employee to the position the employee 
would have held had the personnel action 
not been taken, the administrative law 
judge shall issue an order directing that 
the employee be returned, as nearly as 
practicable and reasonable, to such posi-
tion. 
‘‘(3) FILING OF OBJECTIONS.— 
‘‘(A) IN
GENERAL.—Not later than 60 
days after the Inspector General issues a deci-
sion under paragraph (2)(B), either party may 
file objections to the decision and request a 
hearing on the record. 
‘‘(B) NO
EFFECT
ON
PRELIMINARY
RE-
LIEF.—The filing of objections under subpara-
VerDate Sep 11 2014 
22:05 Nov 29, 2016
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5790.RH
H5790
sradovich on DSK3GMQ082PROD with BILLS