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 prohib-
ited against employees of the Federal Bureau of Investigation for whistle-
blowing, 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 Com-
mittee 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 Jus-
tice to investigate allegations of prohibited against em-
ployees of the Federal Bureau of Investigation for whis-
tleblowing, and for other purposes. 
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 ‘‘Protecting Whistle-
blowers from Retribution Act’’. 
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SEC. 2. INSPECTOR GENERAL RESPONSIBLE FOR FBI WHIS-
TLEBLOWER RETALIATION INVESTIGATIONS. 
(a) IN GENERAL.—Section 2303 of title 5, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by redesignating 
subparagraphs (A) through (H) as clauses (i) 
through (viii), respectively; 
(B) in paragraph (2), by redesignating 
subparagraphs (A) and (B) as clauses (i) and 
(ii), respectively; 
(C) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively; 
(D) in the matter preceding subparagraph 
(A), as so redesignated, by striking ‘‘reprisal 
for’’ and all that follows and inserting the fol-
lowing: ‘‘reprisal for— 
‘‘(1) 
a 
disclosure 
described 
in 
section 
2302(b)(8)(A), if such disclosure is not specifically 
prohibited by law and if such information is not spe-
cifically required by Executive order to be kept se-
cret in the interest of national defense or the con-
duct of foreign affairs; or 
‘‘(2) a disclosure of information—’’; 
(E) by striking ‘‘clauses (i) through (x)’’ 
and inserting ‘‘clauses (i) through (xii)’’; and 
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‘‘(2) For the purposes of carrying out subsection (d), 
the Inspector General of the Department of Justice shall 
have the same authorities and responsibilities provided to, 
and be subject to the same requirements as, the Special 
Counsel under subsections (b) through (g) of section 1212 
with respect to an investigation, review, or inquiry con-
ducted under section 1214 or 1215, except that the re-
quirement described in subsection (b)(6) of section 1212 
shall not apply with respect to the Inspector General. 
‘‘(e)(1)(A)(i) The Inspector General of the Depart-
ment of Justice shall receive each allegation described in 
subsection (d) and shall investigate the allegation to the 
extent necessary to determine whether there are reason-
able grounds to believe that a reprisal in violation of sub-
section (a) has occurred, exists, or is going to be taken. 
‘‘(ii) Within 15 days after the date of re-
ceiving an allegation of a reprisal in violation of 
subsection (a) under subparagraph (A), the In-
spector General of the Department of Justice 
shall provide written notice to the person who 
made the allegation that— 
‘‘(I) the allegation has been received 
by the Inspector General; and 
‘‘(II) shall include the name of a per-
son at the Office of Inspector General of 
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the Department of Justice who shall serve 
as a contact with the person making the 
allegation. 
‘‘(iii) Unless an investigation is terminated 
under subparagraph (B), the Inspector General 
of the Department of Justice shall— 
‘‘(I) within 90 days after notice is 
provided under clause (ii), notify the per-
son who made the allegation of the status 
of the investigation and any action taken 
by the Office of the Inspector General of 
the Department of Justice since the filing 
of the allegation; 
‘‘(II) notify such person of the status 
of the investigation and any action taken 
by such Office since the last notice, at 
least every 60 days after notice is given 
under subclause (I); and 
‘‘(III) notify such person of the status 
of the investigation and any action taken 
by the Inspector General at such time as 
determined appropriate by the Inspector 
General. 
‘‘(iv) No later than 10 days before the In-
spector General of the Department of Justice 
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terminates any investigation of a prohibited 
personnel practice, the Inspector General shall 
provide a written status report to the person 
who made the allegation of the proposed find-
ings of fact and legal conclusions. The person 
may submit written comments about the report 
to the Inspector General. The Inspector General 
shall not be required to provide a subsequent 
written status report under this clause after the 
submission of such written comments. 
‘‘(B)(i) Not later than 30 days after the Inspec-
tor General of the Department of Justice terminates 
any investigation under subparagraph (A), the In-
spector General shall prepare and transmit to any 
person on whose allegation the investigation was ini-
tiated a written statement notifying the person of— 
‘‘(I) the termination of the investiga-
tion; 
‘‘(II) a summary of relevant facts 
ascertained by the Inspector General, in-
cluding the facts that support, and the 
facts that do not support, the allegations 
of such person; 
‘‘(III) the reasons for terminating the 
investigation; and 
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‘‘(IV) a response to any comments 
submitted under subparagraph (A)(iv). 
‘‘(ii) A written statement under clause (i) may 
not be admissible as evidence in any judicial or ad-
ministrative proceeding, without the consent of the 
person who received such statement under such 
clause. 
‘‘(C) In addition to any authority granted under 
subparagraph (A), the Inspector General may, in the 
absence of an allegation, conduct an investigation 
for the purpose of determining whether there are 
reasonable grounds to believe that a reprisal in viola-
tion of subsection (a) has occurred, exists, or is 
going to be taken. 
‘‘(D)(i) Notwithstanding any other provision of 
this subsection, not later than 30 days after the date 
on which the Inspector General of the Department 
of Justice receives an allegation of a reprisal in vio-
lation of subsection (a) under subparagraph (A), the 
Inspector General may terminate an investigation of 
the allegation without further inquiry if the Inspec-
tor General determines that— 
‘‘(I) the same allegation, based on the 
same set of facts and circumstances, had 
previously been— 
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‘‘(aa)(AA) made by the indi-
vidual; and 
‘‘(BB) investigated by the 
Inspector General; or 
‘‘(bb) filed by the individual with 
the Merit Systems Protection Board; 
‘‘(II) the Inspector General does not 
have jurisdiction to investigate the allega-
tion; or 
‘‘(III) the individual knew or should 
have known of the alleged reprisal in viola-
tion of subsection (a) on or before the date 
that is 3 years before the date on which 
the Inspector General received the allega-
tion. 
‘‘(ii) Not later than 30 days after the date on 
which the Inspector General of the Department of 
Justice terminates an investigation under clause (i), 
the Inspector General shall provide a written notifi-
cation to the individual who submitted the allegation 
of a reprisal in violation of subsection (a) that states 
the basis of the Inspector General for terminating 
the investigation. 
‘‘(2)(A)(i)(I) The Inspector General of the Depart-
ment of Justice may request any member of the Merit Sys-
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tems Protection Board to order a stay of any personnel 
action (as defined in subsection (a)) for 45 days if the 
Inspector General determines that there are reasonable 
grounds to believe that the personnel action was taken, 
or is going to be taken, as a result of a reprisal in violation 
of subsection (a). 
‘‘(II) Any member of the Merit Systems 
Protection Board requested by the Inspector 
General of the Department of Justice to order 
a stay under subclause (I) shall order such stay 
unless the member determines that, under the 
facts and circumstances involved, such a stay 
would not be appropriate. 
‘‘(III) Unless denied under subclause (II), 
any stay under this clause shall be granted 
within 3 calendar days (excluding Saturdays, 
Sundays, and legal holidays) after the date of 
the request for the stay by the Inspector Gen-
eral of the Department of Justice. 
‘‘(ii)(I) The Merit Systems Protection Board 
may extend the period of any stay granted under 
clause (i) for any period which the Board considers 
appropriate. 
‘‘(II) If the Merit Systems Protection 
Board lacks the number of members appointed 
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under section 1201 required to constitute a 
quorum, any remaining member of the Board 
may, upon request by the Inspector General of 
the Department of Justice, extend the period of 
any stay granted under clause (i). 
‘‘(iii) A stay may be terminated by the Merit 
Systems Protection Board at any time, except that 
a stay may not be terminated by the Board— 
‘‘(I) on its own motion or on the motion of 
an agency, unless notice and opportunity for 
oral or written comments are first provided to 
the Inspector General of the Department of 
Justice and the individual on whose behalf the 
stay was ordered; or 
‘‘(II) on motion of the Inspector General, 
unless notice and opportunity for oral or writ-
ten comments are first provided to the indi-
vidual on whose behalf the stay was ordered. 
‘‘(iv) If the Merit Systems Protection Board 
grants a stay under clause (i), the Attorney General 
shall give priority to a request for a transfer sub-
mitted by the employee who is the subject of the ac-
tion. 
‘‘(B)(i)(I) Except as provided under subclause (II), 
no later than 240 days after the date of receiving an alle-
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gation of a reprisal in violation of subsection (a) under 
subparagraph (A), the Inspector General of the Depart-
ment of Justice shall make a determination whether there 
are reasonable grounds to believe that a reprisal in viola-
tion of subsection (a) has occurred, exists, or is going to 
be taken. 
‘‘(II) If the Inspector General of the Depart-
ment of Justice is unable to make the required de-
termination within the 240-day period specified 
under subclause (I) and the person submitting the 
allegation of a reprisal in violation of subsection (a) 
agrees to an extension of time, the determination 
shall be made within such additional period of time 
as shall be agreed upon between the Inspector Gen-
eral and the person submitting the allegation. 
‘‘(ii) If, in connection with any investigation, the In-
spector General of the Department of Justice determines 
that there are reasonable grounds to believe that a reprisal 
in violation of subsection (a) has occurred, exists, or is 
going to be taken which requires corrective action, the In-
spector General shall report the determination together 
with any findings or recommendations to the Merit Sys-
tems Protection Board, the Attorney General, and the Of-
fice of Personnel Management, and may report such deter-
mination, findings and recommendations to the President. 
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The Inspector General may include in the report rec-
ommendations for corrective action to be taken. 
‘‘(iii) If, after a reasonable period of time, but not 
later than 30 days after the Inspector General of the De-
partment of Justice submits the report under clause (ii), 
the Federal Bureau of Investigation does not act to cor-
rect the reprisal in violation of subsection (a), the Inspec-
tor General may petition the Merit Systems Protection 
Board for corrective action. 
‘‘(iv) If the Inspector General of the Department of 
Justice finds, in consultation with the individual subject 
to the reprisal in violation of subsection (a), that the Fed-
eral Bureau of Investigation has acted to correct the re-
prisal in violation of subsection (a), the Inspector General 
shall file such finding with the Merit Systems Protection 
Board, together with any written comments which the in-
dividual may provide. 
‘‘(v) A determination by the Inspector General of the 
Department of Justice under this subparagraph shall not 
be cited or referred to in any proceeding under this sub-
paragraph or any other administrative or judicial pro-
ceeding for any purpose, without the consent of the person 
submitting the allegation of a reprisal in violation of sub-
section (a). 
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‘‘(C)(i) Whenever the Inspector General of the De-
partment of Justice petitions the Merit Systems Protec-
tion Board for corrective action under this section, the 
Board shall provide an opportunity for— 
‘‘(I) oral or written comments by the In-
spector General, the Federal Bureau of Inves-
tigation, and the Office of Personnel Manage-
ment; and 
‘‘(II) written comments by any individual 
who alleges to be the subject of the reprisal in 
violation of subsection (a). 
‘‘(ii) The Merit Systems Protection Board shall 
make available the oral and written comments de-
scribed in clause (i)(I) to any individual who alleges 
to be the subject of a reprisal in violation of sub-
section (a) with respect to which such comments 
were made. 
‘‘(D)(i) Subject to the provisions of clause (ii), the 
Merit Systems Protection Board shall order such correc-
tive action as the Board considers appropriate if the In-
spector General of the Department of Justice has dem-
onstrated that a disclosure described in subsection (a) was 
a contributing factor in the personnel action (as defined 
in such subsection) which was taken or is going to be 
taken against the individual. 
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‘‘(ii) Corrective action under clause (i) may not be 
ordered if, after a finding that a disclosure described in 
subsection (a) was a contributing factor, the agency dem-
onstrates by clear and convincing evidence that it would 
have taken the same personnel action in the absence of 
such disclosure. 
‘‘(3)(A) Judicial review of any final order or decision 
of the Merit Systems Protection Board under this sub-
section may be obtained by any employee, former em-
ployee, or applicant for employment adversely affected by 
such order or decision. 
‘‘(B) A petition for review under this subsection shall 
be filed with such court, and within such time, as provided 
for under section 7703(b). 
‘‘(4) If, in connection with any investigation under 
this section, the Inspector General of the Department of 
Justice determines that there is reasonable cause to be-
lieve that a criminal violation has occurred, the Inspector 
General of the Department of Justice shall report the de-
termination to the Attorney General, and shall submit a 
copy of the report to the Director of the Office of Per-
sonnel Management and the Director of the Office of Man-
agement and Budget. 
‘‘(5) If, in connection with any investigation under 
this section, the Inspector General of the Department of 
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Justice determines that there is reasonable cause to be-
lieve that any violation of any law, rule, or regulation has 
occurred other than one referred to in paragraph (2) or 
(4), the Inspector General shall report such violation to 
the Attorney General. The Inspector General shall require, 
within 30 days after the receipt of the report by the Attor-
ney General, a certification by the Attorney General which 
states— 
‘‘(A) that the Attorney General has personally 
reviewed the report; and 
‘‘(B) what action has been or is going to be 
taken, and when the action will be completed. 
‘‘(6) During any investigation initiated under this 
section, no disciplinary action shall be taken against any 
employee for any alleged prohibited activity under inves-
tigation or for any related activity without the approval 
of the Inspector General of the Department of Justice. 
‘‘(7) If the Merit Systems Protection Board orders 
corrective action under this subsection, such corrective ac-
tion may include— 
‘‘(A) that the individual be placed, as nearly as 
possible, in the position the individual would have 
been in had the reprisal in violation of subsection (a) 
not occurred, including with respect to the individ-
ual’s security clearance and access determination 
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and the expungement of any record of an adverse 
determination as a result of such reprisal in the cur-
rent investigation file (as such term is defined in 
section 3001(a)(5) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (50 U.S.C. 
3341(a)(5))) of the individual; and 
‘‘(B) reimbursement for attorney’s fees, back 
pay and related benefits, medical costs incurred, 
travel expenses, any other reasonable and foreseeable 
consequential damages, and compensatory damages 
(including interest, reasonable expert witness fees, 
and costs). 
‘‘(8) Any corrective action ordered under this sub-
section to correct a reprisal in violation of subsection (a) 
may include fees, costs, or damages reasonably incurred 
due to an agency investigation of the employee, if such 
investigation was commenced, expanded, or extended in 
retaliation for the disclosure that formed the basis of the 
corrective action. 
‘‘(9) The Inspector General of the Department of 
Justice may petition the Merit Systems Protection Board 
to order corrective action, including fees, costs, or dam-
ages reasonably incurred by an employee due to an inves-
tigation of the employee by an agency, if the investigation 
by an agency was commenced, expanded, or extended in 
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retaliation for a disclosure described in subsection (a), 
without regard to whether a personnel action (as defined 
in such subsection), is taken. 
‘‘(f)(1) If the Inspector General of the Department 
of Justice determines that disciplinary action should be 
taken against any employee for having committed a re-
prisal in violation of subsection (a) or knowingly and will-
fully refused or failed to comply with an order of the Merit 
Systems Protection Board with respect to such a violation, 
the Inspector General shall prepare a written complaint 
against the employee containing the determination of the 
Inspector General, together with a statement of sup-
porting facts, and present the complaint and statement 
to the employee and the Board, in accordance with this 
subsection. 
‘‘(2) Any employee against whom the Inspector Gen-
eral of the Department of Justice presents a complaint 
to the Merit Systems Protection Board under paragraph 
(1) is entitled to— 
‘‘(A) a reasonable time to answer orally and in 
writing, and to furnish affidavits and other docu-
mentary evidence in support of the answer; 
‘‘(B) be represented by an attorney or other 
representative; 
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‘‘(C) a hearing before the Board or an adminis-
trative law judge appointed under section 3105 and 
designated by the Board; 
‘‘(D) have a transcript kept of any hearing 
under subparagraph (C); and 
‘‘(E) a written decision and reasons therefor at 
the earliest practicable date, including a copy of any 
final order imposing disciplinary action. 
‘‘(3)(A) A final order of the Merit Systems Protection 
Board pursuant a case brought under paragraph (1) may 
impose— 
‘‘(i) disciplinary action consisting of re-
moval, reduction in grade, debarment from 
Federal employment for a period not to exceed 
5 years, suspension, or reprimand; 
‘‘(ii) an assessment of a civil penalty not to 
exceed $10,000; or 
‘‘(iii) any combination of disciplinary ac-
tions described under clause (i) and an assess-
ment described under clause (ii). 
‘‘(B) In any case brought under paragraph (1) 
in which the Merit Systems Protection Board finds 
that an employee has committed a reprisal in viola-
tion of subsection (a), the Board may impose dis-
ciplinary action if the Board finds that the disclo-
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sure described in subsection (a) was a significant 
motivating factor, even if other factors also moti-
vated the decision, for the decision of the employee 
to take, fail to take, or threaten to take or fail to 
take a personnel action (as defined in subsection 
(a)), unless that employee demonstrates, by a pre-
ponderance of the evidence, that the employee would 
have taken, failed to take, or threatened to take or 
fail to take the same personnel action, in the ab-
sence of such protected activity. 
‘‘(4) There may be no administrative appeal from an 
order of the Merit Systems Protection Board. An employee 
subject to a final order imposing disciplinary action under 
this subsection may obtain judicial review of the order by 
filing a petition therefor with such court, and within such 
time, as provided for under section 7703(b). 
‘‘(g)(1) Not later than one year after the date of the 
enactment of this subsection, and annually thereafter, the 
Inspector General of the Department of Justice shall sub-
mit to the Committees on the Judiciary of the House of 
Representatives and the Senate, the Committee on Over-
sight and Reform of the House of Representatives, and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on the investigations con-
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ducted by the Inspector General under this section during 
the one-year period preceding such report. 
‘‘(2) Each report required by paragraph (1) shall in-
clude, for the period covered by such report— 
‘‘(A) the number of completed investigations 
conducted by the Inspector General of the Depart-
ment of Justice under this section; 
‘‘(B) the duration of each such investigation; 
‘‘(C) the number of reprisals in violation of sub-
section (a) found pursuant to such investigations; 
‘‘(D) the number of employees of the Federal 
Bureau of Investigation who made such a reprisal; 
‘‘(E) the number of such reprisals with respect 
to which the Inspector General, under this section, 
petitioned to the Merit Systems Protection Board 
for corrective action or presented a complaint to the 
Board; 
‘‘(F) how long the Merit Systems Protection 
Board took to make a final decision or issue a final 
order with respect to each such petition or com-
plaint; 
‘‘(G) the disciplinary actions and penalties im-
posed on employees described in subparagraph (D) 
by the Board under subsection (f); and 
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‘‘(H) the number of allegations of reprisals in 
violation of subsection (a) for which the Attorney 
General did not correct the reprisal, as determined 
by the Inspector General determined under sub-
section (e).’’. 
(b) REGULATIONS.—Not later than 90 days after the 
date of the enactment of this Act, the Attorney General 
shall revise such regulations as are necessary to implement 
the amendments made by this Act. 
(c) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date that is 90 days 
after the date of the enactment of this Act. 
Æ 
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