§ 27.1 - Making a protected disclosure.

§ 27.1 Making a protected disclosure.

Cross Reference

Link to an amendment published at 89 FR 7284, Feb. 2, 2024.

(a) When an employee of, or applicant for employment with, the Federal Bureau of Investigation (FBI) (FBI employee) makes a disclosure of information to a supervisor in the direct chain of command of the employee, up to and including the Attorney General; to the Department of Justice's (Department's) Office of Professional Responsibility (OPRthe Inspector General (OIG), the Department's Office of Inspector General Professional Responsibility (OIGOPR), the FBI Office of Professional Responsibility (FBI OPR), or the FBI Inspection Division (FBI–INSD) Internal Investigations Section (collectively, Receiving Offices), the Attorney General, the Deputy Attorney General, the Director of the FBI, the Deputy Director of the FBI, or to the highest ranking official in any FBI field office, the ; to Congress as described in 5 U.S.C. 7211; to the Office of Special Counsel; or to an employee of any of the foregoing entities when designated by any officer, employee, office, or division named in this subsection for the purpose of receiving such disclosures, the disclosure will be a “protected disclosure” if the person making it reasonably believes that it evidences:

(1) A Any violation of any law, rule or regulation; or

(2) Mismanagement Gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

(b) Any office or official (other than the OIG or OPR) receiving a protected disclosure shall promptly report such disclosure to the OIG or OPR for investigation. The OIG and OPR shall proceed in accordance with procedures establishing their respective jurisdiction. The OIG or OPR may refer such allegations to FBI–INSD Internal Investigations Section for investigation unless the Deputy Attorney General determines that such referral shall not be made.

(c) To be a “protected disclosure” under this part, the disclosure must be made to an office or official specified in paragraph (a) of this section.

[Order No. 2926–2008, 73 FR 1495, Jan. 9, 2008, as amended by Order No. 5872–2024, 89 FR 7284, Feb. 2, 2024]