[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7750 Introduced in House (IH)]

<DOC>






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 prohibited against employees of the Federal Bureau of 
       Investigation for whistleblowing, 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 Committee 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 Justice to investigate 
 allegations of prohibited against employees of the Federal Bureau of 
       Investigation for whistleblowing, and for other purposes.

    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 ``Protecting Whistleblowers from 
Retribution Act''.

SEC. 2. INSPECTOR GENERAL RESPONSIBLE FOR FBI WHISTLEBLOWER 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 following: ``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 specifically required by Executive 
        order to be kept secret in the interest of national defense or 
        the conduct of foreign affairs; or
            ``(2) a disclosure of information--'';
                    (E) by striking ``clauses (i) through (x)'' and 
                inserting ``clauses (i) through (xii)''; and
                    (F) by inserting after ``of this title with respect 
                to'' the following: ``, or the initiation or extension 
                of an investigation into or denial, suspension, or 
                revocation of the security clearance of,'';
            (2) in subsection (c)--
                    (A) by inserting ``subsections (d), (g), and (e) 
                and the'' before ``applicable provisions''; and
                    (B) by striking ``sections 1214 and'' and inserting 
                ``section'';
            (3) by redesignating subsection (d) as subsection (g); and
            (4) by inserting after subsection (c) the following new 
        subsections:
    ``(d)(1) The Inspector General of the Department of Justice shall, 
in accordance with subsection (e), receive and investigate each 
allegation made by an employee or former employee of, or applicant for 
a position in, the Federal Bureau of Investigation of a reprisal in 
violation of subsection (a) and, where appropriate--
            ``(A) bring petitions for stays, and petitions for 
        corrective action, under subsection (e); and
            ``(B) file a complaint or make recommendations for 
        disciplinary action under subsection (f).
    ``(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 conducted under section 1214 or 1215, except that the 
requirement 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 Department of Justice 
shall receive each allegation described in subsection (d) and shall 
investigate the allegation to the extent necessary to determine whether 
there are reasonable grounds to believe that a reprisal in violation of 
subsection (a) has occurred, exists, or is going to be taken.
                    ``(ii) Within 15 days after the date of receiving 
                an allegation of a reprisal in violation of subsection 
                (a) under subparagraph (A), the Inspector 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 person 
                        at the Office of Inspector General of 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 person 
                        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 Inspector 
                General of the Department of Justice 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 
                findings 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 Inspector General 
        of the Department of Justice terminates any investigation under 
        subparagraph (A), the Inspector General shall prepare and 
        transmit to any person on whose allegation the investigation 
        was initiated a written statement notifying the person of--
                            ``(I) the termination of the investigation;
                            ``(II) a summary of relevant facts 
                        ascertained by the Inspector General, including 
                        the facts that support, and the facts that do 
                        not support, the allegations of such person;
                            ``(III) the reasons for terminating the 
                        investigation; and
                            ``(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 administrative 
        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 violation 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 violation of subsection (a) under 
        subparagraph (A), the Inspector General may terminate an 
        investigation of the allegation without further inquiry if the 
        Inspector General determines that--
                            ``(I) the same allegation, based on the 
                        same set of facts and circumstances, had 
                        previously been--
                                    ``(aa)(AA) made by the individual; 
                                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 allegation; or
                            ``(III) the individual knew or should have 
                        known of the alleged reprisal in violation of 
                        subsection (a) on or before the date that is 3 
                        years before the date on which the Inspector 
                        General received the allegation.
            ``(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 notification 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 Department of Justice 
may request any member of the Merit Systems 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 General 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 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 written comments are 
                first provided to the individual 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 submitted by the employee who is the 
        subject of the action.
    ``(B)(i)(I) Except as provided under subclause (II), no later than 
240 days after the date of receiving an allegation of a reprisal in 
violation of subsection (a) under subparagraph (A), the Inspector 
General of the Department of Justice shall make a determination whether 
there are reasonable grounds to believe that a reprisal in violation of 
subsection (a) has occurred, exists, or is going to be taken.
            ``(II) If the Inspector General of the Department of 
        Justice is unable to make the required determination 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 General and 
        the person submitting the allegation.
    ``(ii) If, in connection with any investigation, the Inspector 
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 Inspector General shall report the 
determination together with any findings or recommendations to the 
Merit Systems Protection Board, the Attorney General, and the Office of 
Personnel Management, and may report such determination, findings and 
recommendations to the President. The Inspector General may include in 
the report recommendations 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 Department of Justice 
submits the report under clause (ii), the Federal Bureau of 
Investigation does not act to correct the reprisal in violation of 
subsection (a), the Inspector 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 Federal Bureau of Investigation 
has acted to correct the reprisal 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 
individual 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 subparagraph or any other administrative or 
judicial proceeding for any purpose, without the consent of the person 
submitting the allegation of a reprisal in violation of subsection (a).
    ``(C)(i) Whenever the Inspector General of the Department of 
Justice petitions the Merit Systems Protection Board for corrective 
action under this section, the Board shall provide an opportunity for--
                    ``(I) oral or written comments by the Inspector 
                General, the Federal Bureau of Investigation, and the 
                Office of Personnel Management; 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 described in clause 
        (i)(I) to any individual who alleges to be the subject of a 
        reprisal in violation of subsection (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 corrective action as the 
Board considers appropriate if the Inspector General of the Department 
of Justice has demonstrated 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.
    ``(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 demonstrates 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 subsection may be obtained by 
any employee, former employee, 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 believe that a criminal violation has 
occurred, the Inspector General of the Department of Justice shall 
report the determination to the Attorney General, and shall submit a 
copy of the report to the Director of the Office of Personnel 
Management and the Director of the Office of Management and Budget.
    ``(5) If, in connection with any investigation under this section, 
the Inspector General of the Department of Justice determines that 
there is reasonable cause to believe 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 Attorney 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 investigation 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 action 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 individual's security clearance and access 
        determination and the expungement of any record of an adverse 
        determination as a result of such reprisal in the current 
        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 subsection 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 damages reasonably incurred by an employee 
due to an investigation of the employee by an agency, if the 
investigation by an agency was commenced, expanded, or extended in 
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 reprisal in violation of subsection (a) 
or knowingly and willfully 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 supporting 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 General 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 documentary evidence in 
        support of the answer;
            ``(B) be represented by an attorney or other 
        representative;
            ``(C) a hearing before the Board or an administrative 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 removal, 
                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 actions 
                described under clause (i) and an assessment 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 violation of subsection (a), the Board 
        may impose disciplinary action if the Board finds that the 
        disclosure described in subsection (a) was a significant 
        motivating factor, even if other factors also motivated 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 preponderance 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 absence 
        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 submit to the Committees on the Judiciary 
of the House of Representatives and the Senate, the Committee on 
Oversight and Reform of the House of Representatives, and the Committee 
on Homeland Security and Governmental Affairs of the Senate a report on 
the investigations conducted by the Inspector General under this 
section during the one-year period preceding such report.
    ``(2) Each report required by paragraph (1) shall include, for the 
period covered by such report--
            ``(A) the number of completed investigations conducted by 
        the Inspector General of the Department of Justice under this 
        section;
            ``(B) the duration of each such investigation;
            ``(C) the number of reprisals in violation of subsection 
        (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 complaint;
            ``(G) the disciplinary actions and penalties imposed on 
        employees described in subparagraph (D) by the Board under 
        subsection (f); and
            ``(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 subsection (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.
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