,,ii  #aadth ,,congress  #ast ,session  
,s4 #bcij  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #aj1 
#bjae ,mr4 ,grassley 7for himself and   
,mr4 ,leahy7 introduced the following   
bill2 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 ,investigation4  #a4 ,short  
title  ,this ,act may be cited as the   
,federal ,bureau of ,investigation      
,whistleblower ,protection ,enhancement 
,act of #bjae4  #b4 ,,fbi whistleblower 
protections  7a7 ,in general ,section   
#bcjc of title #e1 ,united ,states      
,code1 is amended to read as follows3   
#bcjc4 ,prohibited personnel practices  
in the ,federal ,bureau of              
,investigation  7a7 ,definitions ,in    
this section--  7#a7 the term           
administrative law judge means an       
administrative law judge appointed by   
the ,attorney ,general under section    
#caje or used by the ,attorney ,general 

under section #ccdd2  7#b7 the term     
,inspector ,general means the ,inspector
 ,general of the ,department of         
,justice2  7#c7 the term personnel      
action means any action described in    
section #bcjb7;a77#b77;,a7 with respect 
to an employee in1 or applicant for1 a  
position in the ,federal ,bureau of     
,investigation 7other than a position of
 a confidential1 policy-determining1    
policymaking1 or policy-advocating      
character72  7#d7 the term prohibited   
personnel practice means a prohibited   
personnel practice described in         
subsection 7b72 and  7#e7 the term      
protected disclosure means any          
disclosure of information by an employee
 in1 or applicant for1 a position in the
 ,federal ,bureau of ,investigation--   
7,a7 made-- 7i7 for an employee1 to a   
supervisor in the direct chain of       
command of the employee1 up to and      
including the head of the employing     
agency2  7ii7 to the ,inspector         
,general2  7iii7 to the ,office of      

,professional ,responsibility of the    
,department of ,justice2  7iv7 to the   
,office of ,professional ,responsibility
 of the ,federal ,bureau of             
,investigation2  7v7 to the ,inspection 
,division of the ,federal ,bureau of    
,investigation2  7vi7 to a ,member of   
,congress2  7vii7 to the ,office of     
,special ,counsel2 or  7viii7 to an     
employee designated by any officer1     
employee1 office1 or division described 
in clauses 7i7 through 7vii7 for the    
purpose of receiving such disclosures2  
and  7,b7 which the employee or         
applicant reasonably believes           
evidences-- 7i7 any violation of any    
law1 rule1 or regulation2 or  7ii7 gross
 mismanagement1 a gross waste of funds1 
an abuse of authority1 or a substantial 
and specific danger to public health or 
safety4  7b7 ,prohibited practices ,any 
employee of the ,federal ,bureau of     
,investigation or another component of  
the ,department of ,justice who has     
authority to take1 direct others to     

take1 recommend1 or approve any         
personnel action1 shall not1 with       
respect to such authority--  7#a7 take  
or fail to take1 or threaten to take or 
fail to take1 a personnel action with   
respect to an employee in1 or applicant 
for1 a position in the ,federal ,bureau 
of ,investigation because of a protected
 disclosure2  7#b7 take or fail to take1
 or threaten to take or fail to take1   
any personnel action against an employee
 in1 or applicant for1 a position in the
 ,federal ,bureau of ,investigation     
because of--  7,a7 the exercise of any  
appeal1 complaint1 or grievance right   
granted by any law1 rule1 or            
regulation-- 7i7 with regard to         
remedying a violation of paragraph 7#a72
 or  7ii7 other than with regard to     
remedying a violation of paragraph 7#a72
  7,b7 testifying for or otherwise      
lawfully assisting any individual in the
 exercise of any right referred to in   
clause 7i7 or 7ii7 of subparagraph 7,a72
  7,c7 cooperating with or disclosing   

information to the ,inspector ,general  
of an agency1 or the ,special ,counsel1 
in accordance with applicable provisions
 of law2 or  7,d7 refusing to obey an   
order that would require the individual 
to violate a law2 or  7#c7 implement or 
enforce any nondisclosure policy1 form1 
or agreement1 if such policy1 form1 or  
agreement does not contain the statement
 described in section #bcjb7;b77#ac74   
7c7 ,procedures  7#a7 ,filing of a      
complaint ,an employee in1 or applicant 
for1 a position in the ,federal ,bureau 
of ,investigation may seek review of a  
personnel action alleged to be in       
violation of subsection 7b7 by filing a 
complaint with the ,office of the       
,inspector ,general4  7#b7              
,investigation  7,a7 ,in general ,the   
,inspector ,general shall investigate   
any complaint alleging a personnel      
action in violation of subsection 7b71  
consistent with the procedures and      
requirements described in section #abad4
  7,b7 ,determination ,the ,inspector   

,general-- 7i7 shall issue a decision   
containing the findings of the          
,inspector ,general supporting the      
determination of the ,inspector         
,general2 and  7ii7 if the ,inspector   
,general determines that reasonable     
grounds exist to believe that a         
personnel action occurred1 exists1 or is
 to be taken1 in violation of subsection
 7b71 the ,inspector ,general shall     
request from an administrative law      
judge1 and the administrative law judge1
 without further proceedings1 shall     
issue1 a preliminary order staying the  
personnel action4  7#c7 ,filing of      
objections  7,a7 ,in general ,not later 
than #fj days after the ,inspector      
,general issues a decision under        
paragraph 7#b77;,b77i71 either party may
 file objections to the decision and    
request a hearing on the record4  7,b7  
,no effect on stay ,the filing of       
objections under subparagraph 7,a7 shall
 not affect the stay of a personnel     
action under a preliminary order issued 

under paragraph 7#b77;,b77ii74  7,c7 ,no
 objections filed ,if no party has filed
 objections as of the date that is #fa  
days after the date the ,inspector      
,general issues a decision--  7i7 the   
decision is final and not subject to    
further review2 and  7ii7 if the        
,inspector ,general had determined that 
reasonable grounds exist to believe that
 a personnel action occurred1 exists1 or
 is to be taken1 in violation of        
subsection 7b7--  7,i7 an administrative
 law judge1 without further proceedings1
 shall issue an order permanently       
staying the personnel action2 and       
7,,ii7 upon motion by the employee1 and 
after an opportunity for a hearing1 an  
administrative law judge may issue an   
order that provides for corrective      
action as described under section       
#abba7;g74  7#d7 ,review by             
administrative law judge  7,a7 ,in      
general ,if objections are filed under  
paragraph 7#c77;,a71 an administrative  
law judge shall review the decision by  

the ,inspector ,general on the record   
after opportunity for agency hearing4   
7,b7 ,corrective action ,an             
administrative law judge may issue an   
order providing for corrective action as
 described under section #abba7;g74     
7,c7 ,determination ,an administrative  
law judge shall issue a written decision
 explaining the grounds for the         
determination by the administrative law 
judge under this paragraph4  7,d7       
,effect of determination ,the           
determination by an administrative law  
judge under this paragraph shall become 
the decision of the ,department of      
,justice without further proceedings1   
unless there is an appeal to1 or review 
on motion of1 the ,attorney ,general    
within such time as the ,attorney       
,general shall by rule establish4  7#e7 
,review by ,attorney ,general  7,a7     
,timeframe  7i7 ,in general ,upon an    
appeal to1 or review on motion of1 the  
,attorney ,general under paragraph      
7#d77;,d71 the ,attorney ,general1      

through reference to such categories of 
cases1 or other means1 as the ,attorney 
,general determines appropriate1 shall  
establish and announce publicly the date
 by which the ,attorney ,general intends
 to complete action on the matter1 which
 shall ensure expeditious consideration 
of the appeal or review1 consistent with
 the interests of fairness and other    
priorities of the ,attorney ,general4   
7ii7 ,failure to meet deadline ,if the  
,attorney ,general fails to complete    
action on an appeal or review by the    
announced date1 and the expected delay  
will exceed #cj days1 the ,attorney     
,general shall publicly announce the new
 date by which the ,attorney ,general   
intends to complete action on the appeal
 or review4  7,b7 ,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 
7#d77;,d74  7#f7 ,publication of        
determinations  7,a7 ,public            

availability ,except as provided in     
subparagraph 7,b71 the ,attorney        
,general shall make written decisions   
issued by administrative law judges     
under paragraph 7#d77;,c7 and written   
decisions issued by the ,attorney       
,general under paragraph 7#e77;,b7      
publicly available4  7,b7 ,rule of      
construction ,nothing in subparagraph   
7,a7 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 regulations4  7#g7 ,judicial     
review ,any determination by an         
administrative law judge or the         
,attorney ,general under this subsection
 shall be subject to judicial review    
under chapter #g4 ,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 jurisdiction4  7d7            
,regulations ,the ,attorney ,general    

shall prescribe regulations to carry out
 subsection 7c7 that-- 7#a7 ensure that 
prohibited personnel practices shall not
 be taken against an employee in1 or    
applicant for1 a position in the        
,federal ,bureau of ,investigation2 and 
7#b7 provide for the administration and 
enforcement of subsection 7c7 in a      
manner consistent with applicable       
provisions of sections #abad and #abba  
and in accordance with the procedures   
under subchapter ,,ii of chapter #e and 
chapter #g4  7e7 ,reporting ,not later  
than ,march #a of each year1 the        
,attorney ,general shall make publically
 available a report containing--  7#a7  
the number and nature of allegations of 
a prohibited personnel practice received
 during the previous year2  7#b7 the    
disposition of each allegation of a     
prohibited personnel practice resolved  
during the previous year2  7#c7 the     
number of unresolved allegations of a   
prohibited personnel practice pending as
 of the end of the previous year and1   

for each such unresolved allegation1 how
 long the allegation had been pending as
 of the end of the previous year2  7#d7 
the number of disciplinary              
investigations and actions taken with   
respect to each allegation of a         
prohibited personnel practice during the
 previous year2  7#e7 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
 ,investigation2 and  7#f7 the number of
 allegations of a prohibited personnel  
practice resolved through settlement1   
including the number that were resolved 
as a result of mediation4  7f7 ,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 taken4  4  7b7 ,,gao report  

7#a7 ,definition ,in this subsection1   
the term prohibited personnel practice  
means a prohibited personnel practice   
described in section #bcjc7;b7 of title 
#e1 ,united ,states ,code1 as added by  
subsection 7a74  7#b7 ,report ,not later
 than #d years after the date of        
enactment of this ,act1 the ,comptroller
 ,general of the ,united ,states shall  
submit to ,congress a report on the     
effects of the amendment made by        
subsection 7a71 which shall include--   
7,a7 an evaluation of the timeliness of 
resolution of allegations of a          
prohibited personnel practice2  7,b7 an 
analysis of the corrective action       
provided in instances of a prohibited   
personnel practice2  7,c7 the number and
 type of disciplinary actions taken in  
instances of a prohibited personnel     
practice2  7,d7 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     
allegation2  7,e7 an assessment of the  
mediation process of the ,department of 
,justice2 and  7,f7 a discussion of how 
the use of administrative law judges and
 review under chapters #e and #g of     
title #e1 ,united ,states ,code1        
affected the process of investigating   
and resolving allegations of a          
prohibited personnel practice4