Sec. 601. Protection of intelligence community whistleblowers
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Title XI of the National Security Act of 1947 ( 50 U.S.C. 3231 et seq. ) is amended by adding at the end the following new section: In this section: The term agency means an executive department or independent establishment, as defined under sections 101 and 104 of title 5, United States Code, that contains an intelligence community element, except the Federal Bureau of Investigation. The term covered intelligence community element — means— the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and any executive agency or unit thereof determined by the President under section 2302(a)(2)(C)(ii) of title 5, United States Code, to have as its principal function the conduct of foreign intelligence or counterintelligence activities; and does not include the Federal Bureau of Investigation.
The term personnel action means, with respect to an employee in a position in a covered intelligence community element (other than a position excepted from the competitive service due to its confidential, policy-determining, policymaking, or policy-advocating character)— an appointment; a promotion; a disciplinary or corrective action; a detail, transfer, or reassignment; a demotion, suspension, or termination; a reinstatement or restoration; a performance evaluation; a decision concerning pay, benefits, or awards; a decision concerning education or training if such education or training may reasonably be expected to lead to an appointment, promotion, or performance evaluation; or any other significant change in duties, responsibilities, or working conditions.
Any employee of an agency 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 a personnel action with respect to any employee of a covered intelligence community element as a reprisal for a lawful disclosure of information by the employee to the Director of National Intelligence (or an employee designated by the Director of National Intelligence for such purpose), the Inspector General of the Intelligence Community, the head of the employing agency (or an employee designated by the head of that agency for such purpose), the appropriate inspector general of the employing agency, a congressional intelligence committee, or a member of a congressional intelligence committee, which the employee reasonably believes evidences— a violation of any Federal law, rule, or regulation; or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
The President shall provide for the enforcement of this section. Nothing in this section shall be construed to— preempt or preclude any employee, or applicant for employment, at the Federal Bureau of Investigation from exercising rights provided under any other law, rule, or regulation, including section 2303 of title 5, United States Code; or repeal section 2303 of title 5, United States Code. . The table of contents in the first section of the National Security Act of 1947 is amended by adding at the end the following new item:
Sec. 1104. Prohibited personnel practices in the intelligence community. .
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Sec. 601
Protection of intelligence community whistleblowers
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