Federal Bureau of Investigation Whistleblower Protection Enhancement Act of 2016

Bill: 114-s-2390
Sponsor: Sen. Grassley, Chuck [R-IA]
Introduced: 2015-12-10 in the Senate
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: 2015-12-10
text: 

Federal Bureau of Investigation Whistleblower Protection Enhancement Act of 2015

 
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 specifies the appropriate recipients of a protected disclosure, including a supervisor in an employee's direct chain of command. 
 
Finally, it sets forth procedures for filing, investigating, adjudicating, and reviewing whistle-blower retaliation complaints.

action_date: 2016-04-14
text: 

Federal Bureau of Investigation Whistleblower Protection Enhancement Act of 

2016

 
(Sec. 2) 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. 


Legislative actions:
action_date: 2016-05-25
text: By Senator Grassley from Committee on the Judiciary filed written report. Report No. 114-261.
action_date: 2016-05-25
text: By Senator Grassley from Committee on the Judiciary filed written report. Report No. 114-261.
action_date: 2016-04-14
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 421.
action_date: 2016-04-14
text: Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
action_date: 2016-04-14
text: Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
action_date: 2016-04-14
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2015-12-10
text: Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S8605; text of measure as introduced: CR S8606-8607)
action_date: 2015-12-10
text: Introduced in Senate