Sec. 821. Limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints
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Title XII of the National Security Act of 1947, as added by section 711 , is further amended by inserting after section 1205, as added by section 713(c) , the following new subtitle: In this section, the term whistleblower disclosure information means, with respect to a whistleblower disclosure— the disclosure; confirmation of the fact of the existence of the disclosure; or the identity, or other identifying information, of the whistleblower who made the disclosure. It shall be unlawful for any employee or officer of the Federal Government to knowingly and willfully share any whistleblower disclosure information with any individual named as a subject of the whistleblower disclosure and alleged in the disclosure to have engaged in misconduct, unless— the whistleblower consented, in writing, to such sharing before the sharing occurs; a covered Inspector General to whom such disclosure is made— determines that such sharing is necessary to advance an investigation, audit, inspection, review, or evaluation by the Inspector General; and notifies the whistleblower of such sharing before the sharing occurs; or an attorney for the Government— determines that such sharing is necessary to advance an investigation by the attorney; and notifies the whistleblower of such sharing before the sharing occurs. .
The National Security Act of 1947 ( 50 U.S.C. 3001 et seq. ) is amended as follows: Section 1104 is— transferred to title XII of such Act, as added by section 711; inserted before section 1223 of such Act, as added by this section; and redesignated as section 1221. Section 1106 is— amended by striking section 1104 each place it appears and inserting section 1221 ; transferred to title XII of such Act, as added by section 711; inserted after section 1223 of such Act, as added by this section; and redesignated as section 1225.
The table of sections at the beginning of the National Security Act of 1947 is amended— by striking the items relating to section 1104 and section 1106; and by inserting after the item relating to section 1205 the following new items: Subtitle B—Protections for Whistleblowers Sec. 1221. Prohibited personnel practices in the intelligence community. Sec. 1223. Limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints. Sec. 1225.
Inspector General external review panel. . Section 3 of such Act ( 50 U.S.C. 3003 ), as amended by section 711 , is further amended by adding at the end the following new paragraphs: The term whistleblower means a person who makes a whistleblower disclosure. The term whistleblower disclosure means a disclosure that is protected under section 1221 of this Act or section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j) ). . Section 5331 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (division E of Public Law 116–92 ; 50 U.S.C. 3033 note) is amended by striking section 1104 of the National Security Act of 1947 ( and inserting 50 U.S.C. 3234 ) section 1221 of the National Security Act of 1947 .
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Sec. 821
Limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints
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