Federal Bureau of Investigation Whistleblower Protection Enhancement Act of 2016

Bill: 114-hr-5790
Sponsor: Rep. Chaffetz, Jason [R-UT-3]
Introduced: 2016-07-14 in the House
Policy area: Crime and Law Enforcement
Subjects: Administrative remedies
Congressional oversight
Department of Justice
Employment discrimination and employee rights
Federal Bureau of Investigation (FBI)
Government employee pay, benefits, personnel management
Government studies and investigations
Judicial review and appeals

Summary:
action_date: 2016-07-14
text: 

Federal Bureau of Investigation Whistleblower Protection Enhancement Act of 

2016

 
This bill revises whistle-blower protections for a Federal Bureau of Investigation (FBI) employee or job applicant who discloses wrongdoing to an appropriate official.
 
Specifically, it prohibits an FBI or Department of Justice (DOJ) employee from taking or failing to take a personnel action (e.g., demotion) with respect to an FBI employee or applicant because of a protected disclosure. A protected disclosure is a disclosure of information to an appropriate official which an employee or applicant reasonably believes evidences: (1) a violation of a law, rule, or regulation; or (2) waste, fraud, or abuse. The bill expands the list of appropriate officials who may receive a protected disclosure to include a supervisor in an employee's direct chain of command. 
 
 Additionally, the bill sets forth procedures for filing, investigating, adjudicating, and reviewing whistle-blower retaliation complaints.
 
An FBI employee or applicant may file a complaint with DOJ's Office of Inspector General (OIG), which must investigate and decide whether reasonable grounds exist to believe that a prohibited personnel action occurred. 
 
If either party files an objection to the OIG's decision, then an administrative law judge (ALJ) must review it, on the record, and issue a written decision. The ALJ's determination becomes final, unless it is appealed to or reviewed by DOJ. Any ALJ or DOJ determination is subject to judicial review. 

action_date: 2016-12-16
text: 

Federal Bureau of Investigation Whistleblower Protection Enhancement Act of 

2016

 
(Sec. 2) This bill revises a provision with respect to whistle-blower protections for a Federal Bureau of Investigation (FBI) employee or job applicant who discloses wrongdoing to an appropriate official.
 
It prohibits an FBI employee from taking or failing to take a personnel action (e.g., demotion) with respect to an FBI employee or applicant because of a protected disclosure. A protected disclosure is a disclosure of information to an appropriate official which an employee or applicant reasonably believes evidences: (1) a violation of a law, rule, or regulation; or (2) waste, fraud, or abuse. 
 
Additionally, the bill expands the list of appropriate officials who may receive a protected disclosure to include, among others, a supervisor in an employee's direct chain of command. 
 
 


Legislative actions:
action_date: 2016-12-16
text: Became Public Law No: 114-302.
action_date: 2016-12-16
text: Became Public Law No: 114-302.
action_date: 2016-12-16
text: Signed by President.
action_date: 2016-12-16
text: Signed by President.
action_date: 2016-12-15
text: Presented to President.
action_date: 2016-12-15
text: Presented to President.
action_date: 2016-12-12
text: Message on Senate action sent to the House.
action_date: 2016-12-10
text: Passed Senate without amendment by Voice Vote. (consideration: CR S7128-7131)
action_date: 2016-12-10
text: Passed/agreed to in Senate: Passed Senate without amendment by Voice Vote.(consideration: CR S7128-7131)
action_date: 2016-12-07
text: Received in the Senate, read twice.
action_date: 2016-12-07
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2016-12-07
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 404 - 0 (Roll no. 616). (text: CR H7312-7313)
action_date: 2016-12-07
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 404 - 0 (Roll no. 616).(text: CR H7312-7313)
action_date: 2016-12-07
text: Considered as unfinished business. (consideration: CR H7326)
action_date: 2016-12-07
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2016-12-07
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 5790.
action_date: 2016-12-07
text: Considered under suspension of the rules. (consideration: CR H7312-7313)
action_date: 2016-12-07
text: Mr. Chaffetz moved to suspend the rules and pass the bill, as amended.
action_date: 2016-11-29
text: Placed on the Union Calendar, Calendar No. 656.
action_date: 2016-11-29
text: Reported by the Committee on Oversight and Government Reform. H. Rept. 114-835.
action_date: 2016-11-29
text: Reported by the Committee on Oversight and Government Reform. H. Rept. 114-835.
action_date: 2016-09-15
text: Ordered to be Reported by Unanimous Consent.
action_date: 2016-09-15
text: Committee Consideration and Mark-up Session Held.
action_date: 2016-07-14
text: Referred to the House Committee on Oversight and Government Reform.
action_date: 2016-07-14
text: Introduced in House
action_date: 2016-07-14
text: Introduced in House

Enacted as: number: 114-302