United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2023_register executive 2023-03-29 article Proposed Rules D09002ee1c79d8554 D09002ee1c79d8611 United States Department of Justice originator org United States Government Agency or Subagency The Department of Justice ("Department") proposes to update its regulations on the protection of whistleblowers in the Federal Bureau of Investigation ("FBI"). This update reflects changes resulting from an assessment conducted by the Department in response to Presidential Policy Directive-19 of October 10, 2012, "Protecting Whistleblowers with Access to Classified Information" ("PPD-19"), and the Federal Bureau of Investigation Whistleblower Protection Enhancement Act of 2016 ("FBI WPEA of 2016"). The proposed changes include updating the description of protected whistleblower disclosures and covered personnel actions to conform to the FBI WPEA of 2016; providing for more equal access to witnesses; and specifying that compensatory damages may be awarded as appropriate. The proposed changes also include new provisions to formalize practices that have been implemented informally, including providing for the use of acknowledgement and show-cause orders, providing access to alternative dispute resolution through the Department's FBI Whistleblower Mediation Program, clarifying the authority to adjudicate allegations of a breach of a settlement agreement, and reporting information about those responsible for unlawful reprisals. The proposed regulation reiterates that the determinations by the Director of the Office of Attorney Recruitment and Management ("OARM") must be independent and impartial. Finally, through this proposed rule, the Department is inviting specific comments on and recommendations for how the Department might further revise the regulations to increase fairness, effectiveness, efficiency, and transparency, including to provide enhanced protections for whistleblowers, in addition to the proposed changes identified above. 88 FR 18487 https://www.govinfo.gov/app/details/FR-2023-03-29/2023-05927 2023-05927 fr29mr23-24 RIN 1105-AB47 4410-AR-P Docket No. JMD 154 AG Order No. 5618-2023 https://www.govinfo.gov/app/details/FR-2023-03-29/2023-05927 https://www.govinfo.gov/content/pkg/FR-2023-03-29/html/2023-05927.htm https://www.govinfo.gov/content/pkg/FR-2023-03-29/pdf/2023-05927.pdf Authority Delegations (Government Agencies) Government Employees National Defense Organization and Functions (Government Agencies) Privacy Reporting and Recordkeeping Requirements Whistleblowing Government Employees; Justice Department; Organization and Functions (Government Agencies); Whistleblowing 10 p. 18487 18496 88 FR 18487 Title 28 Part 0 28 CFR Part 0 Title 28 Part 27 28 CFR Part 27 RIN 1105-AB47 Whistleblower Protection for Federal Bureau of Investigation Employees; Federal Register Vol. 88, Issue PRORULE 2023-05927 DEPARTMENT OF JUSTICE 2023-05-30 Docket No. JMD 154 AG Order No. 5618-2023 4410-AR-P 2023-05927 Notice of proposed rulemaking; request for comments.

The Department of Justice ("Department") proposes to update its regulations on the protection of whistleblowers in the Federal Bureau of Investigation ("FBI"). This update reflects changes resulting from an assessment conducted by the Department in response to Presidential Policy Directive-19 of October 10, 2012, "Protecting Whistleblowers with Access to Classified Information" ("PPD-19"), and the Federal Bureau of Investigation Whistleblower Protection Enhancement Act of 2016 ("FBI WPEA of 2016"). The proposed changes include updating the description of protected whistleblower disclosures and covered personnel actions to conform to the FBI WPEA of 2016; providing for more equal access to witnesses; and specifying that compensatory damages may be awarded as appropriate. The proposed changes also include new provisions to formalize practices that have been implemented informally, including providing for the use of acknowledgement and show-cause orders, providing access to alternative dispute resolution through the Department's FBI Whistleblower Mediation Program, clarifying the authority to adjudicate allegations of a breach of a settlement agreement, and reporting information about those responsible for unlawful reprisals. The proposed regulation reiterates that the determinations by the Director of the Office of Attorney Recruitment and Management ("OARM") must be independent and impartial. Finally, through this proposed rule, the Department is inviting specific comments on and recommendations for how the Department might further revise the regulations to increase fairness, effectiveness, efficiency, and transparency, including to provide enhanced protections for whistleblowers, in addition to the proposed changes identified above.

Written comments and related material must be postmarked, and other comments and related material must be submitted, on or before May 30, 2023. You should be aware that the Federal eRulemaking Portal will accept comments submitted prior to midnight Eastern Time on the last day of the comment period. Morton J. Posner, General Counsel, Justice Management Division, telephone 202-514-34; or Hilary S. Delaney, Assistant Director, Office of Attorney Recruitment and Management, telephone 202-532-3188; email: Morton.J.Posner@usdoj.gov or Hilary.S.Delaney@usdoj.gov. Authority Delegations (Government Agencies) Government Employees National Defense Organization and Functions (Government Agencies) Privacy Reporting and Recordkeeping Requirements Whistleblowing Government Employees; Justice Department; Organization and Functions (Government Agencies); Whistleblowing Whistleblower Protection for Federal Bureau of Investigation Employees, Hilary.S.Delaney@usdoj.gov Morton.J.Posner@usdoj.gov http://www.regulations.gov https://www.mspb.gov/appeals/files/ALJHandbook.pdf www.regulations.gov Vol. 88, no. 60 Office of the Federal Register, National Archives and Records Administration 2023-03-29 continuing daily deposited born digital 586 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2023-03-29 P0b002ee1bcce18b1 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr29mr23 https://www.govinfo.gov/app/details/FR-2023-03-29 https://www.govinfo.gov/content/pkg/FR-2023-03-29/pdf/FR-2023-03-29.pdf https://www.govinfo.gov/content/pkg/FR-2023-03-29/xml/FR-2023-03-29.xml fdlp 18377 18955 DGPO 2023-03-29 2024-05-29 FR-2023-03-29 machine generated eng FR FR-2023-03-29 88 60