Sec. 323. Clarification regarding submittal of complaints and information by whistleblowers in the intelligence community to Congress
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Subsection
(a)of section 8H of the Inspector General Act of 1978 ( 5 U.S.C. App. 8H ) is amended by adding at the end the following: Subject to subparagraph (C), an employee of an element of the intelligence community, an employee assigned or detailed to an element of the intelligence community, or an employee of a contractor to the intelligence community who intends to report to Congress a complaint or information may report such complaint or information directly to Congress, regardless of whether the complaint or information is with respect to an urgent concern, by contacting directly— the Chairman and Vice Chairman of the Select Committee on Intelligence of the Senate, or a nonpartisan member of the staff of such Committee who has been designated by the Committee for purposes of receiving complaints or information under this paragraph; or the Chairman and Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives, or a nonpartisan member of the staff of such Committee who has been designated by the Committee for purposes of receiving complaints or information under this paragraph; and In the case of a complaint or information that is with respect to an urgent concern, the employee may report such complaint or information directly to Congress as described in subparagraph (A)— in lieu of reporting such complaint or information under paragraph (1); or in addition to reporting such complaint or information under paragraph (1). In the case of a complaint or information containing classified information, an employee may contact Congress directly as described in subparagraph
(A)of this paragraph only if the employee contacts designated nonpartisan staff of an intelligence committee and obtains and follows from the Director of National Intelligence, through the Inspector General, or from a security officer appointed under section 103H(j)(5) of the National Security Act of 1947 ( 50 U.S.C. 3033(j)(5) ) guidance and direction on how to report to Congress under subparagraph
(A)of this paragraph in accordance with appropriate security practices. If an employee contacts designated nonpartisan staff and seeks guidance and direction under clause
(i)and does not receive the guidance and direction sought within 30 calendar days or fewer, the employee may contact Congress directly as described in subparagraph
(A)without obtaining and following guidance and direction under clause
(i)of this subparagraph. If an employee described in subparagraph
(A)reports a complaint or information to Congress as described in such subparagraph, such employee shall provide testimony or an interview to an intelligence committee if— such testimony or interview is requested by the Chairman, Vice Chairman, or Ranking Member of such intelligence committee; not later than 48 hours after making the request described in clause
(i)and not fewer than 7 days before the testimony or interview is provided, the Chairman, Vice Chairman, or Ranking Member who made the request notifies the Chairman, Vice Chairman, or Ranking Member of such committee who did not make the request; and such testimony or interview is held in a closed session in accordance with appropriate classification guidelines and requisite protections for individual safety. . Section 103H(j) of the National Security Act of 1947 ( 50 U.S.C. 3033(j) ) is amended by adding at the end the following: The Inspector General shall appoint within the office of the Inspector General security officers to provide, on a permanent basis, confidential, security-related guidance and direction to an employee of an element of the intelligence community, an employee assigned or detailed to an element of the intelligence community, or an employee of a contractor of an element of the intelligence community who intends to report to Congress a complaint or information so that such employee can obtain direction on how to report to Congress in accordance with appropriate security practices. . Section 103H(k)(5)(D) of the National Security Act of 1947 ( 50 U.S.C. 3033(k)(5)(D) ) is amended— in clause (i), by striking by contacting and all that follows and inserting the following: “by contacting, directly— the Chairman and Vice Chairman of the Select Committee on Intelligence of the Senate, or a nonpartisan member of the staff of such Committee who has been designated by the Committee for purposes of receiving complaints or information under this subparagraph; or the Chairman and Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives, or a nonpartisan member of the staff of such Committee who has been designated by the Committee for purposes of receiving complaints or information under this subparagraph. ; by amending clause
(ii)to read as follows: In the case of a complaint or information containing classified information, an employee may contact Congress as described in clause
(i)of this paragraph only if the employee contacts designated nonpartisan staff of a congressional intelligence committee and obtains and follows from the Director of National Intelligence, through the Inspector General, or from a security officer appointed under subsection (j)(5) guidance and direction on how to report to Congress under clause
(i)of this subparagraph in accordance with appropriate security practices. If an employee contacts designated nonpartisan staff and seeks guidance and direction under subclause
(I)and does not receive the guidance and direction sought within 30 calendar days or fewer, the employee may contact Congress directly as described in clause
(i)without obtaining and following guidance and direction under subclause
(I)of this clause. ; and by adding at the end the following: If an employee described in clause
(i)reports a complaint or information to Congress as described in such clause, such employee shall provide testimony or an interview to a congressional intelligence committee if— such testimony or interview is requested by the Chairman, Vice Chairman, or Ranking Member of such congressional intelligence committee; not later than 48 hours after making the request described in subclause
(I)and not fewer than 7 days before the testimony or interview is provided, the Chairman, Vice Chairman, or Ranking Member who made the request notifies the Chairman, Vice Chairman, or Ranking Member of such committee who did not make the request; and such testimony or interview is held in a closed session in accordance with appropriate classification guidelines and requisite protections for individual safety. . Section 17(d)(5)(D) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5)(D) ) is amended— in clause (i), by striking by contacting and all that follows and inserting the following: “by contacting, directly— the Chairman and Vice Chairman of the Select Committee on Intelligence of the Senate, or a nonpartisan member of the staff of such Committee who has been designated by the Committee for purposes of receiving complaints or information under this subparagraph; or the Chairman and Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives, or a nonpartisan member of the staff of such Committee who has been designated by the Committee for purposes of receiving complaints or information under this subparagraph. ; by amending clause
(ii)to read as follows: In the case of a complaint or information containing classified information, the employee may contact Congress as described in clause
(i)of this paragraph only if the employee contacts designated nonpartisan staff of an intelligence committee and obtains and follows from the Director, through the Inspector General, or from a security officer appointed under section 103H(j)(5) of the National Security Act of 1947 ( 50 U.S.C. 3033(j)(5) ) guidance and direction on how to report to Congress under clause
(i)of this subparagraph in accordance with appropriate security practices. If an employee contacts designated nonpartisan staff and seeks guidance and direction under subclause
(I)and does not receive the guidance and direction sought within 30 calendar days or fewer, the employee may contact Congress directly as described in clause
(i)without obtaining and following guidance and direction under subclause
(I)of this clause. ; and by adding at the end the following: If an employee described in clause
(i)reports a complaint or information to Congress as described in such clause, such employee shall provide testimony or an interview to an intelligence committee if— such testimony or interview is requested by the Chairman, Vice Chairman, or Ranking Member of such intelligence committee; not later than 48 hours after making the request described in subclause
(I)and not fewer than 7 days before the testimony or interview is provided, the Chairman, Vice Chairman, or Ranking Member who made the request notifies the Chairman, Vice Chairman, or Ranking Member of such committee who did not make the request; and such testimony or interview is held in a closed session in accordance with appropriate classification guidelines and requisite protections for individual safety. . Section 8H(d) of the Inspector General Act of 1978 ( 5 U.S.C. App. 8H(d) ) is amended— in paragraph (1), by striking by contacting and all that follows and inserting the following: “by contacting, directly— the Chairman and Vice Chairman of the Select Committee on Intelligence of the Senate, or a nonpartisan member of the staff of such Committee who has been designated by the Committee for purposes of receiving complaints or information under this paragraph; or the Chairman and Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives, or a nonpartisan member of the staff of such Committee who has been designated by the Committee for purposes of receiving complaints or information under this paragraph. ; by amending paragraph
(2)to read as follows: Subject to subparagraph (B), the employee may contact Congress directly as described in paragraph
(1)of this subsection only if the employee contacts designated nonpartisan staff of an intelligence committee and obtains and follows from the head of the establishment, through the Inspector General, or from a security officer appointed under section 103H(j)(5) of the National Security Act of 1947 ( 50 U.S.C. 3033(j)(5) ) guidance and direction on how to report to Congress in accordance with appropriate security practices. If an employee contacts designated nonpartisan staff and seeks guidance and direction under subparagraph
(A)and does not receive the guidance and direction sought within 30 days or fewer, the employee may contact Congress directly as described in paragraph
(1)without obtaining and following guidance and direction under subparagraph
(A)of this paragraph. ; and by adding at the end the following: If an employee described in paragraph
(1)reports a complaint or information to Congress as described in such paragraph, such employee shall provide testimony or an interview to an intelligence committee if— such testimony or interview is requested by the Chairman, Vice Chairman, or Ranking Member of such intelligence committee; not later than 48 hours after making the request described in subparagraph
(A)and not fewer than 7 days before the testimony or interview is provided, the Chairman, Vice Chairman, or Ranking Member who made the request notifies the Chairman, Vice Chairman, or Ranking Member of such committee who did not make the request; and such testimony or interview is held in a closed session in accordance with appropriate classification guidelines and requisite protections for individual safety. .
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Sec. 323
Clarification regarding submittal of complaints and information by whistleblowers in the intelligence community to Congress
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