I 
114TH CONGRESS 
2D SESSION 
H. R. 5790 
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 
A BILL 
To provide adequate protections for whistleblowers at the 
Federal Bureau of Investigation. 
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: 
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‘‘§ 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); 
‘‘(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 
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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-
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. 
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‘‘(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— 
‘‘(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); 
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‘‘(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-
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 
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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 
‘‘(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 
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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-
graph (A) shall not affect an order issued under 
clause (i) or (ii) of paragraph (2)(C). 
‘‘(C) NO OBJECTIONS FILED.—If no party 
has filed objections as of the date that is 61 
days after the date the Inspector General issues 
a decision— 
‘‘(i) the decision is final and not sub-
ject to further review; and 
‘‘(ii) if the Inspector General had de-
termined that reasonable grounds exist to 
believe that a personnel action occurred, 
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exists, or is to be taken, in violation of 
subsection (b)— 
‘‘(I) an administrative law judge, 
without further proceedings, shall 
issue an order providing permanent 
relief from the personnel action; and 
‘‘(II) upon motion by the em-
ployee or applicant, and after an op-
portunity for a hearing, an adminis-
trative law judge may issue an order 
that provides for corrective action as 
described 
under 
section 
1221(g), 
which shall be accompanied by a writ-
ten decision explaining the grounds 
for the order. 
‘‘(4) 
REVIEW
BY
ADMINISTRATIVE
LAW 
JUDGE.— 
‘‘(A) IN GENERAL.—If objections are filed 
under paragraph (3)(A), an administrative law 
judge shall review the decision by the Inspector 
General on the record after opportunity for 
agency hearing. 
‘‘(B) CORRECTIVE ACTION.—An adminis-
trative law judge may issue an order providing 
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for corrective action as described under section 
1221(g). 
‘‘(C) DETERMINATION.—An administrative 
law judge shall issue a written decision explain-
ing the grounds for the determination by the 
administrative law judge under this paragraph. 
‘‘(D) EFFECT OF DETERMINATION.—The 
determination by an administrative law judge 
under this paragraph shall become the decision 
of the Department of Justice without further 
proceedings, unless there is an appeal to, or re-
view on motion of, the Attorney General within 
such time as the Attorney General shall by rule 
establish. 
‘‘(5) REVIEW BY ATTORNEY GENERAL.— 
‘‘(A) TIMEFRAME.— 
‘‘(i) IN
GENERAL.—Upon an appeal 
to, or review on motion of, the Attorney 
General under paragraph (4)(D), the At-
torney General, through reference to such 
categories of cases, or other means, as the 
Attorney General determines appropriate, 
shall establish and announce publicly the 
date by which the Attorney General in-
tends to complete action on the matter, 
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which shall ensure expeditious consider-
ation of the appeal or review, consistent 
with the interests of fairness and other pri-
orities of the Attorney General. 
‘‘(ii) FAILURE TO MEET DEADLINE.— 
If the Attorney General fails to complete 
action on an appeal or review by the an-
nounced date, and the expected delay will 
exceed 30 days, the Attorney General shall 
publicly announce the new date by which 
the Attorney General intends to complete 
action on the appeal or review. 
‘‘(B) 
DETERMINATION.—The 
Attorney 
General shall issue a written decision explaining 
the grounds for the determination by the Attor-
ney General in an appeal or review under para-
graph (4)(D). 
‘‘(6) PUBLICATION OF DETERMINATIONS.— 
‘‘(A) PUBLIC
AVAILABILITY.—Except as 
provided in subparagraph (B), the Attorney 
General shall make written decisions issued by 
administrative law judges under paragraph 
(3)(C) or (4)(C) and written decisions issued by 
the Attorney General under paragraph (5)(B) 
publicly available in a manner that is— 
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‘‘(i) to the maximum extent prac-
ticable, consistent with the manner in 
which the Merit Systems Protection Board 
makes decisions of the Board available to 
the public; and 
‘‘(ii) in accordance with section 552. 
‘‘(B) RULE OF CONSTRUCTION.—Nothing 
in subparagraph (A) shall be construed to limit 
the authority of an administrative law judge or 
the Attorney General to limit the public disclo-
sure of information under law or regulations. 
‘‘(7) JUDICIAL REVIEW.—Any determination by 
an administrative law judge or the Attorney General 
under this subsection shall be subject to judicial re-
view under chapter 7. A petition for judicial review 
of such a determination shall be filed in the United 
States Court of Appeals for the Federal Circuit or 
any court of appeals of competent jurisdiction. 
‘‘(d) REGULATIONS.—Not later than 18 months after 
the date of enactment of the Federal Bureau of Investiga-
tion Whistleblower Protection Enhancement Act of 2016, 
the Attorney General shall prescribe regulations to carry 
out subsection (c) that— 
‘‘(1) ensure that prohibited personnel practices 
shall not be taken against an employee in, or appli-
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cant for, a position in the Federal Bureau of Inves-
tigation; 
‘‘(2) provide for the administration and enforce-
ment of subsection (c) in a manner consistent with 
applicable provisions of sections 1214 and 1221 and 
in accordance with the procedures under subchapter 
II of chapter 5 and chapter 7; 
‘‘(3) ensure that employees of the Federal Bu-
reau of Investigation are informed of the rights and 
remedies available to the employees under this sec-
tion, including how to make a lawful disclosure of 
information that is specifically required by law or 
Executive order to be kept classified in the interest 
of national defense or the conduct of foreign affairs; 
and 
‘‘(4) provide for the protection of classified in-
formation and intelligence sources and methods. 
‘‘(e) REPORTING.—Not later than March 1 of each 
year, the Attorney General shall make publicly available 
a report containing— 
‘‘(1) the number and nature of allegations of a 
prohibited personnel practice received during the 
previous year; 
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‘‘(2) the disposition of each allegation of a pro-
hibited personnel practice resolved during the pre-
vious year; 
‘‘(3) the number of unresolved allegations of a 
prohibited personnel practice pending as of the end 
of the previous year and, for each such unresolved 
allegation, how long the allegation had been pending 
as of the end of the previous year; 
‘‘(4) the number of disciplinary investigations 
and actions taken with respect to each allegation of 
a prohibited personnel practice during the previous 
year; 
‘‘(5) the number of instances during the pre-
vious year in which the Inspector General found rea-
sonable grounds existed to believe that a prohibited 
personnel practice had occurred that were appealed 
by the Federal Bureau of Investigation; and 
‘‘(6) the number of allegations of a prohibited 
personnel practice resolved through settlement, in-
cluding the number that were resolved as a result of 
mediation. 
‘‘(f) RULES
OF CONSTRUCTION.—Nothing in this 
section shall be construed to— 
‘‘(1) limit the jurisdiction of any office under 
any other provision of law to conduct an investiga-
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tion to determine whether a prohibited personnel 
practice has been or will be taken; or 
‘‘(2) alter or amend any law, regulation, or Ex-
ecutive order regarding the handling or disclosure of 
information, including classified information.’’. 
(b) GAO REPORT.— 
(1) DEFINITION.—In this subsection, the term 
‘‘prohibited personnel practice’’ means a prohibited 
personnel practice described in section 2303(b) of 
title 5, United States Code, as amended by sub-
section (a). 
(2) REPORT.—Not later than 4 years after the 
date of enactment of this Act, the Comptroller Gen-
eral of the United States shall submit to Congress 
a report on the protections for whistleblowers at the 
Federal Bureau of Investigation and the process of 
investigating and adjudicating complaints of reprisal 
by whistleblowers under the amendments made by 
this Act, which shall include— 
(A) the number and nature of com-
plaints— 
(i) that were filed; 
(ii) that were investigated; 
(iii) that were adjudicated; and 
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(iv) that were appealed to a court of 
appeals of the United States; 
(B) the number of decisions made publicly 
available under 2303(c)(6) of title 5, United 
States Code, as amended by this Act, and the 
nature of any limitations on public disclosure of 
the decisions; 
(C) the nature of corrective action provided 
in instances of a prohibited personnel practice; 
(D) the number and type of disciplinary 
actions taken in instances of a prohibited per-
sonnel practice; 
(E) an evaluation of the timeliness of reso-
lution of allegations of a prohibited personnel 
practice; 
(F) an assessment of the mediation process 
of the Department of Justice; 
(G) a discussion of how the use of adminis-
trative law judges and review under chapters 5 
and 7 of title 5, United States Code, affected 
the process of investigating and resolving alle-
gations of a prohibited personnel practice; and 
(H) a discussion of the perspectives of key 
stakeholders on the effects of the amendments 
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made by this Act on the Federal Bureau of In-
vestigation. 
(c) EFFECTIVE DATE; IMPLEMENTATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), this Act and the amendments made by 
this Act shall— 
(A) take effect on the date of enactment of 
this Act; and 
(B) apply to any matter pending on, or 
commenced on or after, the date of enactment 
of this Act. 
(2) IMPLEMENTATION OF INVESTIGATION AND 
REVIEW
PROCEDURES
FOR
PENDING
COMPLAINTS 
AND
COMPLAINTS
MADE
DURING
TRANSITION
PE-
RIOD.— 
(A) DEFINITION.—In this paragraph, the 
term ‘‘covered complaint’’ means a complaint 
alleging a personnel action in violation of sec-
tion 2303 of title 5, United States Code— 
(i) made— 
(I) before, on, or after the date 
of enactment of this Act; and 
(II) before the effective date of 
the regulations prescribed by the At-
torney General under section 2303(d) 
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(i) the procedures under paragraphs 
(1), (2), and (3) of section 2303(c) of title 
5, United States Code, as amended by this 
Act, shall not apply; and 
(ii) if either party files objections and 
requests a hearing on the record not later 
than 60 days after the date on which the 
investigation is completed, the covered 
complaint shall be subject to review in ac-
cordance with paragraphs (4), (5), (6), and 
(7) of section 2303(c) of title 5, United 
States Code, as amended by this Act. 
Æ 
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