Whistleblower Protection for Federal Bureau of Investigation Employees

Issuing agencies

Abstract

This rule updates the Department of Justice ("Department") 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"). This rule updates the description of protected whistleblower disclosures and covered personnel actions to conform to the FBI WPEA of 2016; provides for more equal access to witnesses; and specifies that compensatory damages may be awarded as appropriate. This rule also adds 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 ("ADR") 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. This regulation reiterates that the determinations by the Director of the Office of Attorney Recruitment and Management ("OARM") must be independent and impartial.