Sec. 323. Harmonization of whistleblower protections
1,768 words·~8 min read·
/bill/117/s/2610/pcs/section-323A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1104(b) of the National Security Act of 1947 ( 50 U.S.C. 3234(b) ) is amended, in the matter preceding paragraph (1), by inserting , or threaten to take or fail to take, after take or fail to take . Section 1104(c)(1) of such Act ( 50 U.S.C. 3234(c)(1) ) is amended, in the matter preceding subparagraph (A), by inserting , or threaten to take or fail to take, after take or fail to take . Section 1104(c)(1) of such Act ( 50 U.S.C. 3234(c)(1) ), as amended by paragraph (1)(B) of this subsection, is further amended, in the matter preceding subparagraph (A), by inserting of an agency or after Any employee . Subsection
(d)of section 1104 of such Act ( 50 U.S.C. 3234 ) is amended to read as follows: The President shall provide for the enforcement of this section consistent, to the fullest extent possible, with the policies and procedures used to adjudicate alleged violations of section 2302(b)(8) of title 5, United States Code. . Section 3001(j) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j) ) is amended— by redesignating paragraph
(8)as paragraph (9); and by inserting after paragraph
(7)the following: Except as otherwise provided in this subsection, the President shall provide for the enforcement of this section consistent, to the fullest extent possible, with the policies and procedures used to adjudicate alleged violations of section 2302(b)(8) of title 5, United States Code. . Section 3001(j)(4)(A) of such Act ( 50 U.S.C. 3341(j)(4)(A) ) is amended by striking within 90 days . Section 3001(j)(4)(B) of such Act ( 50 U.S.C. 3341(j)(4)(B) ) is amended, in the second sentence, by striking not to exceed $300,000 . Subparagraph
(C)of section 3001(j)(4) of such Act ( 50 U.S.C. 3341(j)(4) ) is amended to read as follows: Subject to clause (iii), in determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall find that paragraph
(1)was violated if the individual has demonstrated that a disclosure described in paragraph
(1)was a contributing factor in the adverse security clearance or access determination taken against the individual. An individual under clause
(i)may demonstrate that the disclosure was a contributing factor in the adverse security clearance or access determination taken against the individual through circumstantial evidence, such as evidence that— the official making the determination knew of the disclosure; and the determination occurred within a period such that a reasonable person could conclude that the disclosure was a contributing factor in the determination. In determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall not find that paragraph
(1)was violated if, after a finding that a disclosure was a contributing factor, the agency demonstrates by clear and convincing evidence that it would have made the same security clearance or access determination in the absence of such disclosure. . Section 3001(a)(1)(B) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(a)(1)(B) ) is amended by striking and and inserting or . Section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(1) ) is amended— in subparagraph (A)(ii), by striking gross mismanagement and inserting mismanagement ; and in subparagraph (B)(ii), by striking gross mismanagement and inserting mismanagement . Section 1104(c)(1)(B) of the National Security Act of 1947 ( 50 U.S.C. 3234(c)(1)(B) ) is amended by striking gross mismanagement and inserting mismanagement . Section 1104(b) of the National Security Act of 1947 ( 50 U.S.C. 3234(b) ), as amended by subsection (a)(1)(A), is further amended, in the matter preceding paragraph (1), by inserting a supervisor in the employee’s direct chain of command, or a supervisor of the employing agency with responsibility for the subject matter of the disclosure, up to and including before the head of the employing agency . Section 1104(c)(1) of such Act ( 50 U.S.C. 3234(c)(1) ), as amended by subsection (a), is further amended, in the matter preceding subparagraph (A), by inserting a supervisor in the contractor employee's direct chain of command up to and including before the head of the contracting agency . Section 3001(j)(1)(A) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(1)(A) ) is amended, in the matter preceding clause (i), by inserting a supervisor in the employee’s direct chain of command, or a supervisor of the employing agency with responsibility for the subject matter of the disclosure, up to and including before the head of the employing agency . Section 1104 of the National Security Act of 1947 ( 50 U.S.C. 3234 ) is amended— in subsection (b), as amended by subsections (a)(1)(A) and (e)(1)(A)— by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively, and moving such subparagraphs, as so redesignated, 2 ems to the right; in the matter preceding subparagraph (A), as redesignated and moved by subparagraph
(B)of this paragraph, by striking for a lawful disclosure and inserting the following: “for— any lawful disclosure ; and by adding at the end the following: any lawful disclosure that complies with— subsections (a)(1), (d), and
(g)of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.); subparagraphs (A), (D), and
(H)of section 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) ); or subparagraphs (A), (D), and
(I)of section 103H(k)(5); or if the actions do not result in the employee unlawfully disclosing information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, any lawful disclosure in conjunction with— the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation; testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in subparagraph (A); or cooperation with or disclosing information to the Inspector General of an agency, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General. ; and in subsection (c)(1), as amended by subsections
(a)and (e)(1)(B)— by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively, and moving such clauses, as so redesignated, 2 ems to the right; in the matter preceding clause (i), as redesignated and moved by subparagraph
(B)of this paragraph, by striking for a lawful disclosure and inserting the following: “for— any lawful disclosure ; and by adding at the end the following: any lawful disclosure that complies with— subsections (a)(1), (d), and
(g)of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.); subparagraphs (A), (D), and
(H)of section 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) ); or subparagraphs (A), (D), and
(I)of section 103H(k)(5); or if the actions do not result in the contractor employee unlawfully disclosing information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, any lawful disclosure in conjunction with— the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation; testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in clause (i); or cooperation with or disclosing information to the Inspector General of an agency, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General. . Section 1104 of the National Security Act of 1947 ( 50 U.S.C. 3234 ) is amended— by redesignating subsections
(d)and
(e)as subsections
(f)and (g), respectively; and by inserting after subsection
(c)the following: Consistent with the protection of sources and methods, nothing in subsection
(b)or
(c)shall be construed to authorize— the withholding of information from Congress; or the taking of any personnel action against an employee who lawfully discloses information to Congress. A disclosure shall not be excluded from this section because— the disclosure was made to an individual, including a supervisor, who participated in an activity that the employee reasonably believed to be covered under subsection (b)(1)(B) or the contractor employee reasonably believed to be covered under subsection (c)(1)(A)(ii); the disclosure revealed information that had been previously disclosed; the disclosure was not made in writing; the disclosure was made while the employee was off duty; of the amount of time which has passed since the occurrence of the events described in the disclosure; or the disclosure was made during the normal course of duties of an employee or contractor employee. . Section 3001(j)(3) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(3) ) is amended— by striking and all that follows through Disclosures .— because— and inserting ; Disclosures .—A disclosure shall not be excluded from paragraph
(1)because— by striking subparagraph (B); by redesignating clauses
(i)through
(v)as subparagraphs
(A)through (E), respectively, and moving such subparagraphs, as so redesignated, 2 ems to the left; in subparagraph (D), as so redesignated, by striking or at the end; in subparagraph (E), as redesignated by paragraph (3), by striking the period at the end and inserting ; or ; and by adding at the end the following: the disclosure was made during the normal course of duties of an employee. . Section 3001(j)(2) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(2) ) is amended by inserting or clearance action after personnel action . Section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(1) ), as amended by this section, is further amended by striking over and inserting to take, materially impact, direct others to take, recommend, or approve . Section 1104(b) of the National Security Act of 1947 ( 50 U.S.C. 3234(b) ), as amended by this section, is further amended by inserting materially impact, after authority to take, Section 1104(c)(1) of such Act ( 50 U.S.C. 3234(c)(1) ), as amended by this section, is further amended by inserting materially impact, after authority to take, . Section 3001(j)(1)(C)(i) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(1)(C)(i) ) is amended by striking
(h)and inserting
(g). Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees a report assessing the extent to which protections provided under Presidential Policy Directive 19 (relating to protecting whistleblowers with access to classified information) have been codified in statutes.
Connectionstraces to 3
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources