[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2390 Introduced in Senate (IS)]

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114th CONGRESS
  1st Session
                                S. 2390

   To provide adequate protections for whistleblowers at the Federal 
                        Bureau of Investigation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 10, 2015

Mr. Grassley (for himself and Mr. Leahy) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide adequate protections for whistleblowers at the Federal 
                        Bureau of Investigation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Bureau of Investigation 
Whistleblower Protection Enhancement Act of 2015''.

SEC. 2. FBI WHISTLEBLOWER PROTECTIONS.

    (a) In General.--Section 2303 of title 5, United States Code, is 
amended to read as follows:
``Sec. 2303. Prohibited personnel practices in the Federal Bureau of 
              Investigation
    ``(a) Definitions.--In this section--
            ``(1) the term `administrative law judge' means an 
        administrative law judge appointed by the Attorney General 
        under section 3105 or used by the Attorney General under 
        section 3344;
            ``(2) the term `Inspector General' means the Inspector 
        General of the Department of Justice;
            ``(3) the term `personnel action' means any action 
        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 position of a confidential, policy-
        determining, policymaking, 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 applicant for, a position 
        in the Federal Bureau of Investigation--
                    ``(A) made--
                            ``(i) for an employee, to a supervisor in 
                        the direct chain of command of the employee, up 
                        to and including the head of the employing 
                        agency;
                            ``(ii) to the Inspector General;
                            ``(iii) to the Office of Professional 
                        Responsibility of the Department of Justice;
                            ``(iv) to the Office of Professional 
                        Responsibility of the Federal Bureau of 
                        Investigation;
                            ``(v) to the Inspection Division of the 
                        Federal Bureau of Investigation;
                            ``(vi) to a Member of Congress;
                            ``(vii) to the Office of Special Counsel; 
                        or
                            ``(viii) to an employee designated by any 
                        officer, employee, office, or division 
                        described in clauses (i) through (vii) for the 
                        purpose of receiving such disclosures; and
                    ``(B) which the employee or applicant reasonably 
                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.
    ``(b) Prohibited Practices.--Any employee of the Federal Bureau of 
Investigation or another component of the Department of Justice who has 
authority to take, direct 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 Federal 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 employee 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 violation 
                        of paragraph (1); or
                            ``(ii) other than with regard to remedying 
                        a violation of paragraph (1);
                    ``(B) testifying for or otherwise lawfully 
                assisting any individual in the exercise of any right 
                referred to in clause (i) or (ii) of subparagraph (A);
                    ``(C) cooperating with or disclosing information to 
                the Inspector General of an agency, or the Special 
                Counsel, in accordance with applicable 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 action alleged to be in violation of 
        subsection (b) by filing a complaint with the Office of the 
        Inspector General.
            ``(2) Investigation.--
                    ``(A) In general.--The Inspector General shall 
                investigate any complaint alleging a personnel action 
                in violation of subsection (b), consistent with the 
                procedures and requirements described in section 1214.
                    ``(B) Determination.--The Inspector General--
                            ``(i) shall issue a decision containing the 
                        findings of the Inspector General supporting 
                        the determination of the Inspector General; and
                            ``(ii) if the Inspector General determines 
                        that reasonable grounds exist to believe that a 
                        personnel action occurred, exists, or is to be 
                        taken, in violation of subsection (b), the 
                        Inspector General shall request from an 
                        administrative law judge, and the 
                        administrative law judge, without further 
                        proceedings, shall issue, a preliminary order 
                        staying the personnel action.
            ``(3) Filing of objections.--
                    ``(A) In general.--Not later than 60 days after the 
                Inspector General issues a decision under paragraph 
                (2)(B)(i), either party may file objections to the 
                decision and request a hearing on the record.
                    ``(B) No effect on stay.--The filing of objections 
                under subparagraph (A) shall not affect the stay of a 
                personnel action under a preliminary order issued under 
                paragraph (2)(B)(ii).
                    ``(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 subject 
                        to further review; and
                            ``(ii) if the Inspector General had 
                        determined that reasonable grounds exist to 
                        believe that a personnel action occurred, 
                        exists, or is to be taken, in violation of 
                        subsection (b)--
                                    ``(I) an administrative law judge, 
                                without further proceedings, shall 
                                issue an order permanently staying the 
                                personnel action; and
                                    ``(II) upon motion by the employee, 
                                and after an opportunity for a hearing, 
                                an administrative law judge may issue 
                                an order that provides for corrective 
                                action as described under section 
                                1221(g).
            ``(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 administrative law 
                judge may issue an order providing for corrective 
                action as described under section 1221(g).
                    ``(C) Determination.--An administrative law judge 
                shall issue a written decision explaining 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 review 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 Attorney 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 
                        intends to complete action on the matter, which 
                        shall ensure expeditious consideration of the 
                        appeal or review, consistent with the interests 
                        of fairness and other priorities of the 
                        Attorney General.
                            ``(ii) Failure to meet deadline.--If the 
                        Attorney General fails to complete action on an 
                        appeal or review by the announced 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 Attorney General in an appeal or 
                review under paragraph (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 (4)(C) and written decisions issued by 
                the Attorney General under paragraph (5)(B) publicly 
                available.
                    ``(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 disclosure 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 review 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.--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 applicant for, a position 
        in the Federal Bureau of Investigation; and
            ``(2) provide for the administration and enforcement 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.
    ``(e) Reporting.--Not later than March 1 of each year, the Attorney 
General shall make publically available a report containing--
            ``(1) the number and nature of allegations of a prohibited 
        personnel practice received during the previous year;
            ``(2) the disposition of each allegation of a prohibited 
        personnel practice resolved during the previous 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 previous year in 
        which the Inspector General found a reasonable basis 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, including the number that 
        were resolved as a result of mediation.
    ``(f) Rule of Construction.--Nothing in this section shall be 
construed to limit the jurisdiction of any office under any other 
provision of law to conduct an investigation to determine whether a 
prohibited personnel practice has been or will be taken.''.
    (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 
        added by subsection (a).
            (2) Report.--Not later than 4 years after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to Congress a report on the effects of the 
        amendment made by subsection (a), which shall include--
                    (A) an evaluation of the timeliness of resolution 
                of allegations of a prohibited personnel practice;
                    (B) an analysis of the corrective action provided 
                in instances of a prohibited personnel practice;
                    (C) the number and type of disciplinary actions 
                taken in instances of a prohibited personnel practice;
                    (D) an evaluation of the communication by the 
                Inspector General of the Department of Justice with an 
                individual alleging a prohibited personnel practice 
                regarding the investigation and resolution of the 
                allegation;
                    (E) an assessment of the mediation process of the 
                Department of Justice; and
                    (F) a discussion of how the use of administrative 
                law judges and review under chapters 5 and 7 of title 
                5, United States Code, affected the process of 
                investigating and resolving allegations of a prohibited 
                personnel practice.
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