(a) Any employee of the FBI, or of any other component of the Department, who has authority to take, direct others to take, recommend, or approve any personnel action shall not, with respect to such authority, take or fail to take, or threaten to take or fail to take, a personnel action, as defined below, with respect to any FBI employee as a reprisal for a protected disclosure.
(b) Personnel action means any action described in clauses (i) through (xii) of 5 U.S.C. 2302(a)(2)(A) taken with respect to an FBI employee other than one in a position which the Attorney General has designated in advance of encumbrance as being a position of a confidential, policy-determining, policy-making, or policy-advocating character.
[Order No. 2264-99, 64 FR 58786, Nov. 1, 1999, as amended by Order No. 5872-2024, 89 FR 7284, Feb. 2, 2024]
authority: 5 U.S.C. 301,
3151;
28 U.S.C. 509,
510,
515;
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)
source: Order No. 2264-99, 64 FR 58786, Nov. 1, 1999, unless otherwise noted.
cite as: 28 CFR 27.2