Rule2026-17815
Technical Amendments to the Regulations Providing Whistleblower Protection for Federal Bureau of Investigation Employees
Primary source
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Published
September 1, 2026
Effective
September 1, 2026
Issuing agencies
Justice Department
Abstract
This rule makes technical amendments to relevant portions of 28 CFR part 27, the Department of Justice (Department) regulations on the protection of whistleblowers in the Federal Bureau of Investigation (FBI), so that the provisions conform with organizational changes brought about by a restructuring of the Justice Management Division (JMD).
Full Text
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<title>Federal Register, Volume 91 Issue 168 (Tuesday, September 1, 2026)</title>
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[Federal Register Volume 91, Number 168 (Tuesday, September 1, 2026)]
[Rules and Regulations]
[Pages 56049-56050]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17815]
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DEPARTMENT OF JUSTICE
28 CFR Part 27
[Docket No. 164; AG Order No. 7114-2026]
Technical Amendments to the Regulations Providing Whistleblower
Protection for Federal Bureau of Investigation Employees
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: This rule makes technical amendments to relevant portions of
28 CFR part 27, the Department of Justice (Department) regulations on
the protection of whistleblowers in the Federal Bureau of Investigation
(FBI), so that the provisions conform with organizational changes
brought about by a restructuring of the Justice Management Division
(JMD).
DATES: Effective September 1, 2026.
FOR FURTHER INFORMATION CONTACT: John E. Thompson, Deputy General
Counsel, Justice Management Division; email: <a href="/cdn-cgi/l/email-protection#074d686f69294229536f686a7774686947727463686d29606871"><span class="__cf_email__" data-cfemail="145e7b7c7a3a513a407c7b7964677b7a546167707b7e3a737b62">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This rule makes technical amendments to
certain provisions in 28 CFR part 27 to reflect that ``the Office of
Attorney Recruitment and Management'' has been renamed ``the Office of
Adjudication, Recruitment, and Management'' (OARM) as part of a
reorganization of JMD, which included the formal realignment of OARM to
JMD.
Regulatory Analysis
In developing this rule, the Department considered numerous
statutes and executive orders applicable to rulemaking. The
Department's analysis of the applicability of those statutes and
executive orders to this rule is summarized below.
A. Administrative Procedures Act
This rule relates to matters of agency personnel, organization, and
procedure, and, pursuant to 5 U.S.C. 553(a)(2), it is exempt from the
requirements of notice and comment and a 30-day delay in the effective
date.
B. Executive Orders 12866 (Regulatory Planning and Review), Executive
Order 13563 (Improving Regulation and Regulatory Review), and Executive
Order 14192 (Unleashing Prosperity Through Deregulation)
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, as supplemented by Executive Order 13563.
This rule makes technical amendments to portions of the existing
regulations that provide whistleblower protection for FBI employees and
applicants to conform with organizational changes within JMD. The
changes do not materially affect the number of claims or the time,
cost, or resources required to address them.
Accordingly, this rule does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866. The
Office of Management and Budget has not reviewed this rule under these
Orders.
Further, as this rule relates to agency organization, management,
or personnel, it is fully exempt from the numerical 10-for-1 and cost
offset requirements of Executive Order 14192.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-12, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. 5 U.S.C. 601.
The Attorney General certifies under 5 U.S.C. 605(b) that this rule
does not have a significant economic impact on a substantial number of
small entities. The rule makes technical amendments to the portions of
the regulations governing the Department's internal process for
addressing allegations of retaliation for protected whistleblowing by
FBI employees and applicants. It has no application to small entities
as defined above.
D. Paperwork Reduction Act
This final rule does not call for a new collection of information
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-20.
E. Executive Order 13132 (Federalism)
A rule has federalism implications under Executive Order 13132 if
it has a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
E.O. 13132, sec. 1(a). The Department has analyzed this rule under that
Order and determined that this rule does not have federalism
implications.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-38,
requires Federal agencies to determine whether a rule, if promulgated,
will result in the expenditure by State, local, or tribal governments,
in the aggregate, or by the private sector, of $100 million (adjusted
for inflation) or more in any one year. 2 U.S.C. 1532(a). This rule
does not require or result in expenditures by any of the above-named
entities.
G. Executive Order 12988 (Civil Justice Reform), Plain Language
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988.
[[Page 56050]]
H. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)
This rule does not have tribal implications under Executive Order
13175 because it would not have a substantial direct effect on one or
more Indian tribes, on the relationship between the Federal Government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
I. Congressional Review Act
The reporting requirements of the Congressional Review Act
(Subtitle E of the Small Business Regulatory Enforcement Fairness Act
of 1996), 5 U.S.C. 801-08, do not apply to this rule. This rule relates
primarily to agency management, personnel, and organization. 5 U.S.C.
804(3)(B). The rule makes technical amendments to 28 CFR part 27, as
necessary to conform to recent Department organizational changes. This
action is accordingly not a ``rule'' as that term is used by the
Congressional Review Act, see 5 U.S.C. 804(3), and the reporting
requirement of 5 U.S.C. 801 does not apply.
List of Subjects in 28 CFR Part 27
Government employees, Justice Department, Organization and
functions (Government agencies), Whistleblowing.
Authority and Issuance
For the reasons stated above, the Department of Justice amends 28
CFR part 27 as follows:
PART 27--WHISTLEBLOWER PROTECTION FOR FEDERAL BUREAU OF
INVESTIGATION EMPLOYEES
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1. The authority citation for part 27 continues to read as follows:
Authority: 5 U.S.C. 301, 3151; 28 U.S.C. 509, 510, 515-519; 5
U.S.C. 2303; President's Memorandum to the Attorney General,
Delegation of Responsibilities Concerning FBI Employees Under the
Civil Service Reform Act of 1978, 3 CFR p. 284 (1997); Presidential
Policy Directive 19, ``Protecting Whistleblowers with Access to
Classified Information'' (October 10, 2012).
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2. Amend Sec. 27.4 by revising the section heading and paragraph (a)
to read as follows:
Sec. 27.4 Corrective action and other relief; Director, Office of
Adjudication, Recruitment and Management.
(a) If, in connection with any investigation, the Conducting Office
determines that there are reasonable grounds to believe that a reprisal
has been or will be taken, the Conducting Office shall report this
conclusion, together with any findings and recommendations for
corrective action, to the Director of the Office of Adjudication,
Recruitment, and Management (the Director). If the Conducting Office's
report to the Director includes a recommendation for corrective action,
the Director shall provide an opportunity for comments on the report by
the FBI and the Complainant. The Director, upon receipt of the
Conducting Office's report, shall proceed in accordance with paragraphs
(e) and (f) of this section. A determination by the Conducting Office
that there are reasonable grounds to believe that a reprisal has been
or will be taken shall not be cited or referred to in any proceeding
under these regulations, without the Complainant's consent.
* * * * *
Todd Blanche,
Attorney General.
[FR Doc. 2026-17815 Filed 8-31-26; 8:45 am]
BILLING CODE 4410-AR-P
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