HR-5790 : Became Public Law

Federal Bureau of Investigation Whistleblower Protection Enhancement Act of 2016

This bill revises whistle-blower protections for a Federal Bureau of Investigation (FBI) employee or job applicant who discloses wrongdoing to an appropriate official.

Specifically, it prohibits an FBI or Department of Justice (DOJ) employee from taking or failing to take a personnel action (e.g., demotion) with respect to an FBI employee or applicant because of a protected disclosure. A protected disclosure is a disclosure of information to an appropriate official which an employee or applicant reasonably believes evidences: (1) a violation of a law, rule, or regulation; or (2) waste, fraud, or abuse. The bill expands the list of appropriate officials who may receive a protected disclosure to include a supervisor in an employee's direct chain of command.

Additionally, the bill sets forth procedures for filing, investigating, adjudicating, and reviewing whistle-blower retaliation complaints.

An FBI employee or applicant may file a complaint with DOJ's Office of Inspector General (OIG), which must investigate and decide whether reasonable grounds exist to believe that a prohibited personnel action occurred.

If either party files an objection to the OIG's decision, then an administrative law judge (ALJ) must review it, on the record, and issue a written decision. The ALJ's determination becomes final, unless it is appealed to or reviewed by DOJ. Any ALJ or DOJ determination is subject to judicial review.

Action Timeline

Action DateTypeTextSource
2016-12-16PresidentBecame Public Law No: 114-302.House floor actions
2016-12-16PresidentSigned by President.House floor actions
2016-12-15FloorPresented to President.House floor actions
2016-12-12FloorMessage on Senate action sent to the House.Senate
2016-12-10FloorPassed Senate without amendment by Voice Vote. (consideration: CR S7128-7131)Senate
2016-12-07IntroReferralReceived in the Senate, read twice.Senate
2016-12-07FloorMotion to reconsider laid on the table Agreed to without objection.House floor actions
2016-12-07VoteOn motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 404 - 0 (Roll no. 616). (text: CR H7312-7313)House floor actions
2016-12-07FloorConsidered as unfinished business. (consideration: CR H7326)House floor actions
2016-12-07FloorAt the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.House floor actions
2016-12-07FloorDEBATE - The House proceeded with forty minutes of debate on H.R. 5790.House floor actions
2016-12-07FloorConsidered under suspension of the rules. (consideration: CR H7312-7313)House floor actions
2016-12-07FloorMr. Chaffetz moved to suspend the rules and pass the bill, as amended.House floor actions
2016-11-29CalendarsPlaced on the Union Calendar, Calendar No. 656.House floor actions
2016-11-29CommitteeReported by the Committee on Oversight and Government Reform. H. Rept. 114-835.House floor actions
2016-09-15CommitteeOrdered to be Reported by Unanimous Consent.House committee actions
2016-09-15CommitteeCommittee Consideration and Mark-up Session Held.House committee actions
2016-07-14IntroReferralReferred to the House Committee on Oversight and Government Reform.House floor actions
2016-07-14IntroReferralIntroduced in HouseLibrary of Congress

Policy Area :

Crime and Law Enforcement
See Subjects
  • Administrative remedies
  • Congressional oversight
  • Department of Justice
  • Employment discrimination and employee rights
  • Federal Bureau of Investigation (FBI)
  • Government employee pay, benefits, personnel management
  • Government studies and investigations
  • Judicial review and appeals

Related Bills

See Related Bills