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-
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 
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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 
(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; 
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(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 
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.— 
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(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) 
of title 5, United States Code, as 
amended by this Act; and 
(ii) for which an investigation or re-
view is pending on or after the date of en-
actment of this Act. 
(B) APPLICATION
OF
EXISTING
PROCE-
DURES UNTIL RULES ISSUED.—Subject to sub-
paragraph (C), for any covered complaint— 
(i) the procedures under section 
2303(c) of title 5, United States Code, as 
amended by this Act, shall not apply; and 
(ii) the covered complaint shall be in-
vestigated and reviewed in accordance with 
the regulations and procedures prescribed 
under section 2303 of title 5, United 
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States Code, as in effect on the day before 
the date of enactment of this Act. 
(C) APPLICATION OF NEW REVIEW PROCE-
DURES TO PENDING INVESTIGATIONS.—For any 
covered complaint for which the investigation is 
pending on the effective date of the regulations 
prescribed by the Attorney General under sec-
tion 2303(d) of title 5, United States Code, as 
amended by this Act— 
(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. 
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Union Calendar No. 656 
114TH CONGRESS 
2D SESSION 
H. R. 5790 
[Report No. 114–835] 
A BILL 
To provide adequate protections for whistleblowers 
at the Federal Bureau of Investigation. 
NOVEMBER 29, 2016 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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