[Code of Federal Regulations]

[Title 28, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR27.3]



[Page 447-448]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

                    CHAPTER I--DEPARTMENT OF JUSTICE

 

PART 27_WHISTLEBLOWER PROTECTION FOR FEDERAL BUREAU OF INVESTIGATION 

EMPLOYEES--Table of Contents

 

  Subpart B_Investigating Reprisal Allegations and Ordering Corrective 

                                 Action

 

Sec. 27.3  Investigations: The Department of Justice's Office of 

Professional Responsibility and Office of the Inspector General.





    (a)(1) An FBI employee who believes that another employee of the 

FBI, or of any other Departmental component, has taken or has failed to 

take a personnel action as a reprisal for a protected disclosure 

(reprisal), may report the alleged reprisal to either the Department's 

OPR or the Department's OIG (collectively, Investigative Offices). The 

report of an alleged reprisal must be made in writing.

    (2) For purposes of this subpart, references to the FBI include any 

other Departmental component in which the person or persons accused of 

the reprisal were employed at the time of the alleged reprisal.

    (b) The Investigative Office that receives the report of an alleged 

reprisal shall consult with the other Investigative Office to determine 

which office is more suited, under the circumstances, to conduct an 

investigation into the allegation. The Attorney General retains final 

authority to designate or redesignate the Investigative Office that will 

conduct an investigation.

    (c) Within 15 calendar days of the date the allegation of reprisal 

is first received by an Investigative Office, the office that will 

conduct the investigation (Conducting Office) shall provide written 

notice to the person who made the allegation (Complainant) indicating--

    (1) That the allegation has been received; and

    (2) The name of a person within the Conducting Office who will serve 

as a contact with the Complainant.

    (d) The Conducting Office shall investigate any allegation of 

reprisal to the



[[Page 448]]



extent necessary to determine whether there are reasonable grounds to 

believe that a reprisal has been or will be taken.

    (e) Within 90 calendar days of providing the notice required in 

paragraph (c) of this section, and at least every 60 calendar days 

thereafter (or at any other time if the Conducting Office deems 

appropriate), the Conducting Office shall notify the Complainant of the 

status of the investigation.

    (f) The Conducting Office shall determine whether there are 

reasonable grounds to believe that there has been or will be a reprisal 

for a protected disclosure. The Conducting Office shall make this 

determination within 240 calendar days of receiving the allegation of 

reprisal unless the Complainant agrees to an extension.

    (g) If the Conducting Office decides to terminate an investigation, 

it shall provide, no later than 10 business days before providing the 

written statement required by paragraph (h) of this section, a written 

status report to the Complainant containing the factual findings and 

conclusions justifying the termination of the investigation. The 

Complainant may submit written comments on such report to the Conducting 

Office. The Conducting Office shall not be required to provide a 

subsequent written status report after submission of such comments.

    (h) If the Conducting Office terminates an investigation, it shall 

prepare and transmit to the Complainant a written statement notifying 

him/her of--

    (1) The termination of the investigation;

    (2) A summary of relevant facts ascertained by the Conducting 

Office;

    (3) The reasons for termination of the investigation; and

    (4) A response to any comments submitted under paragraph (g) of this 

section.

    (i) Such written statement prepared pursuant to paragraph (h) of 

this section may not be admissible as evidence in any subsequent 

proceeding without the consent of the Complainant.

    (j) Nothing in this part shall prohibit the Receiving Offices, in 

the absence of a reprisal allegation by an FBI employee under this part, 

from conducting an investigation, under their pre-existing jurisdiction, 

to determine whether a reprisal has been or will be taken.