Sec. 813. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community
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Paragraph
(3)of subsection
(a)of section 1221 of the National Security Act of 1947, as designated by section 811(b)(1)(A) , is amended— in subparagraph (I), by striking ; or and inserting a semicolon; by redesignating subparagraph
(J)as subparagraph (K); and by inserting after subparagraph
(I)the following: a knowing and willful disclosure revealing the identity or other personally identifiable information of such employee or such contractor employee without the express written consent of such employee or such contractor employee or if the Inspector General determines such disclosure is necessary for the exclusive purpose of investigating a complaint or information received under section 8H of the Inspector General Act of 1978 ( 5 U.S.C. App. 8H ); or . Such subsection is amended by adding at the end the following: The term employee , with respect to an agency or a covered intelligence community element, includes an individual who has been detailed to such agency or covered intelligence community element. . Subsection
(d)of such section is amended to read as follows: Except as otherwise provided in this subsection, the President shall provide for the enforcement of this section. In a case in which an employee of an agency, or other employee or officer of the Federal Government, takes a personnel action described in subsection (a)(3)(J) against an employee of a covered intelligence community element as a reprisal in violation of subsection
(b)or in a case in which a contractor employee takes a personnel action described in such subsection against another contractor employee as a reprisal in violation of subsection (c), the employee or contractor employee against whom the personnel action was taken may bring a private action for all appropriate remedies, including injunctive relief and compensatory and punitive damages, against the employee or contractor employee who took the personnel action, in a Federal district court of competent jurisdiction within 180 days of when the employee or contractor employee first learned of or should have learned of the violation. .