Department of Justice March 29, 2023 – Federal Register Recent Federal Regulation Documents

The Department of Justice, Federal Bureau of Investigation (FBI), Training Division's Curriculum Management Section (CMS), is submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.

The Department of Justice (``Department'') proposes to update its 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''). The proposed changes include updating the description of protected whistleblower disclosures and covered personnel actions to conform to the FBI WPEA of 2016; providing for more equal access to witnesses; and specifying that compensatory damages may be awarded as appropriate. The proposed changes also include 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 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. The proposed regulation reiterates that the determinations by the Director of the Office of Attorney Recruitment and Management (``OARM'') must be independent and impartial. Finally, through this proposed rule, the Department is inviting specific comments on and recommendations for how the Department might further revise the regulations to increase fairness, effectiveness, efficiency, and transparency, including to provide enhanced protections for whistleblowers, in addition to the proposed changes identified above.