S. 2527 — FBI Whistleblower Protection Enhancement Act of 2025

This section revises prohibited personnel practice protections for Federal Bureau of Investigation (FBI) employees under 5 U.S.C. 2303 to prohibit additional reprisals, expand the definition of personnel action, assign new responsibilities to the Attorney General, protect certain disclosures from exclusion, and clarify the retaliation appeals process. Specifically, it (1) adds a new subsection (b) prohibiting personnel actions against FBI employees or applicants for exercising appeal, complaint, or grievance rights (whether or not related to subsection (a) whistleblower disclosures), testifying or assisting others in such exercises, cooperating with or disclosing to an inspector general or Special Counsel, implementing or enforcing certain nondisclosure policies, or coercing political activity; (2) requires the Attorney General to prevent such practices, comply with civil service laws, inform employees (including probationary and new employees within 180 days of appointment) of whistleblower rights and remedies under specified laws (including for classified information disclosures to Congress, Special Counsel, or designated employees), and post such information on the FBI public website and employee portal; (3) provides that disclosures are not excluded from protection if made to a participant in the alleged wrongdoing, previously disclosed, oral, off-duty, about past events, or during normal duties; and (4) expands the definition of personnel action to clauses (i) through (xi) of 5 U.S.C. 2302(a)(2)(A) (from clauses (i) through (x)), which includes any other significant change in duties, responsibilities, or working conditions. The section further clarifies that FBI employees alleging retaliation may appeal to the Merit Systems Protection Board any adjudicative dismissal, determination, or corrective action order (previously, only final determinations or corrective action orders), or after 180 days without an appealable decision from the investigating office. (As background, 5 U.S.C. 2303 prohibits reprisals against FBI whistleblowers for disclosures of wrongdoing to specified recipients, with enforcement generally aligned to procedures under 5 U.S.C. 1214 and 1221.)

This section amends the duties of the head of the agency selected under 50 U.S.C. 3341(b) to conduct personnel security investigations by adding a new requirement (subsection (b)(8)) to develop and implement, not later than 180 days after enactment of the FBI Whistleblower Protection Enhancement Act of 2025 and consistent with subsection (j), uniform and consistent policies and procedures ensuring, to the extent practicable, that investigative or adjudicative processes of authorized investigative or adjudicative agencies for employees alleging reprisal under subsection (j) are free from conflicts of interest. It makes conforming amendments to subsection (j)(4)(A) to reference new subsection (b)(8).