,,ii #aaith ,,congress #ast ,session ,s4 #bebg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bi1 #bjbe ,mr4 ,grassley 7for himself and ,mr4 ,peters7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #e1 ,united ,states ,code1 and the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd to enhance protections for whistleblowers in the ,federal ,bureau of ,investigation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,fbi ,whistleblower ,protection ,enhancement ,act of #bjbe4 #b4 ,enhanced protections for ,,fbi whistleblowers 7a7 ,prohibited personnel actions ,section #bcjc of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking the flush text following paragraph 7#b77;,b72 7#b7 by redesignating subsections 7b71 7c71 and 7d7 as subsections 7c71 7d71 and 7e71 respectively2 7#c7 by inserting after subsection 7a77#b77;,b7 the following3 7b7 ,any employee of the ,federal ,bureau of ,investigation 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 take a personnel action with respect to an employee in1 or applicant for1 a position in the ,bureau 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 subsection 7a72 or 7ii7 other than with regard to remedying a violation of subsection 7a72 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 or 7,c7 cooperating with or disclosing information to the ,inspector ,general 7or any other component responsible for internal investigation or review7 of an agency1 or the ,special ,counsel1 in accordance with applicable provisions of law2 7#b7 implement or enforce any nondisclosure policy1 form1 or agreement that is described in subparagraph 7,a7 or 7,b7 of section #bcjb7;b77#ac72 or 7#c7 coerce the political activity of any person 7including the providing of any political contribution or service71 or take any action against any employee or applicant for employment as a reprisal for the refusal of any person to engage in such political activity4 2 7#d7 in subsection 7c71 as so redesignated-- 7,a7 by inserting 7#a7 after 7c72 and 7,b7 by adding at the end the following3 7#b7 ,with respect to the ,federal ,bureau of ,investigation1 the ,attorney ,general shall be responsible for-- 7,a7 preventing prohibited personnel practices2 7,b7 complying with and enforcing applicable civil service laws1 rules1 and regulations and other aspects of personnel management2 7,c7 ensuring1 in consultation with the ,special ,counsel and the ,inspector ,general of the ,department of ,justice1 that employees of the ,bureau are informed of the rights and remedies available to the employees under this chapter1 chapter #ab of this title1 and section #cjja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda71 including-- 7i7 information with respect to whistleblower protections available to new employees during a probationary period2 7ii7 the role of the ,office of ,special ,counsel and the ,merit ,systems ,protection ,board with respect to whistleblower protections2 and 7iii7 the means by which1 with respect to information that is otherwise required by law or ,executive order to be kept classified in the interest of national defense or the conduct of foreign affairs1 an employee may make a lawful disclosure of the information to-- 7,i7 the ,special ,counsel2 7,,ii7 the ,inspector ,general of the ,department of ,justice2 7,,iii7 ,congress 7including any committee of ,congress with respect to information that is not classified or1 if classified1 has been classified by the head of an agency that is not an element of the intelligence community and does not reveal intelligence sources and methods72 or 7,,iv7 another employee of the ,bureau who is designated to receive such a disclosure2 and 7,d7 ensuring that the information described in this paragraph is provided to each new employee of the ,bureau not later than #ahj days after the date on which the new employee is appointed2 and 7,e7 making available information regarding whistleblower protections applicable to employees of the ,bureau on the public website of the ,bureau and on any online portal that is made available only to employees of the ,bureau1 if such portal exits4 7#c7 ,any employee of the ,department of ,justice to whom the ,attorney ,general delegates authority for any aspect of personnel management shall1 within the limits of the scope of the delegation1 be responsible for the activities described in paragraph 7#b74 2 and 7#e7 by adding at the end the following3 7f7 ,a disclosure shall not be excluded from this section because-- 7#a7 the disclosure was made to a person1 including a supervisor1 who participated in an activity that the employee or applicant reasonably believed to be covered by this section2 7#b7 the disclosure revealed information that had been previously disclosed2 7#c7 the disclosure was not made in writing2 7#d7 the disclosure was made while the employee was off duty2 7#e7 of the amount of time which has passed since the occurrence of the events described in the disclosure2 or 7#f7 the disclosure was made during the normal course of duties of an employee4 7g7 ,in this section1 the term personnel action means any action described in clauses 7i7 through 7xi7 of section #bcjb7;a77#b77;,a7 of this title 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 character74 4 7b7 ,clarification of ,,fbi whistleblower retaliation appeals process ,section #bcjc of title #e1 ,united ,states ,code1 as amended by subsection 7a7 of this section1 is amended-- 7#a7 in subsection 7d71 as so redesignated1 by inserting the requirements under subsection 7e7 of this section and before applicable2 and 7#b7 in subsection 7e71 as so redesignated-- 7,a7 in paragraph 7#a71 by striking a final determination or corrective action order by the ,bureau and inserting any adjudicative dismissal1 determination1 or associated corrective action order made2 7,b7 in paragraph 7#b7-- 7i7 by striking ,if no final determination or corrective action order has been made or issued for an allegation described in and inserting ,if no appealable decision has been made under2 and 7ii7 by striking ,federal ,bureau of ,investigation and inserting investigating office2 and 7,c7 by adding at the end the following3 7#c7 ,an appeal brought under paragraph 7#a71 or corrective action sought under paragraph 7#b71 shall be governed by the applicable legal burdens of proof described in section #abba7;e74 4 #c4 ,preventing conflicts of interest in investigative or adjudicative processes ,section #cjja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph #f1 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#g77;,b71 by striking 1 except that and all that follows through the period and inserting 2 and2 and 7,c7 by inserting after paragraph 7#g7 the following3 7#h7 not later than #ahj days after the date of the enactment of the ,,fbi ,whistleblower ,protection ,enhancement ,act of #bjbe1 and consistent with subsection 7j71 developing and implementing uniform and consistent policies and procedures that ensure1 to the extent practicable1 that the investigative or adjudicative process of an authorized investigative agency or authorized adjudicative agency of an employee that believes he or she has been subjected to reprisal under subsection 7j7 is free from conflict of interest4 2 and 7#b7 in subsection 7j77#d77;,a71 by striking subsection 7b77#g71 except that and all that follows through the period at the end and inserting paragraphs 7#g7 and 7#h7 of subsection 7b744