C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 27—WHISTLEBLOWER PROTECTION FOR FEDERAL BUREAU OF INVESTIGATION EMPLOYEES › Subpart A—Protected Disclosures of Information

28 C.F.R. § 27.2

Prohibition against reprisal for making a protected disclosure

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(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]
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2025–2025 · leading case: Brian Austin v. Dep't of Just., 2025 MSPB 3 (MSPB 2025).
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Brian Austin v. Dep't of Just., 2025 MSPB 3 (MSPB 2025). · cites it 3× “57 (b); 28 C.F.R. § 27.2 (b). This conclusion is consistent with the language of the statute, its references to 5 U.”
Kobelia v. Fed. Bureau of Investigation (D.D.C. 2025). “§ 2303 ; 28 C.F.R. § 27.2 ). In late March or April 2023, Mr.”
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