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Code · BILL · 118th Congress · S. 2103 (Reported in Senate) — To authorize appropriations for fiscal year 2024 for intelligence and intelligence-related activities of the United S... · Sec. 601

Sec. 601. Submittal to Congress of complaints and information by whistleblowers in the intelligence community

1,603 words·~7 min read·/bill/118/s/2103/rs/section-601

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chapter 4 of title 5 Section 416 of title 5, United States Code, is amended by adding at the end the following: Each Inspector General under this section, including the designees of the Inspector General of the Department of Defense pursuant to subsection (b)(3), shall appoint within their offices security officers to provide, on a permanent basis, confidential, security-related guidance and direction to an employee of their respective establishment, an employee assigned or detailed to such establishment, or an employee of a contractor of such establishment 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. .
Subsection
(e)of such section is amended— in paragraph (1), by inserting or any other committee of jurisdiction of the Senate or the House of Representatives after either or both of the intelligence committees ; by amending paragraph
(2)to read as follows: Except as provided in subparagraph (B), the employee may contact an intelligence committee or another committee of jurisdiction directly as described in paragraph
(1)of this subsection or in subsection (b)(4) only if the employee— before making such a contact, furnishes to the head of the establishment, through the Inspector General (or designee), a statement of the employee’s complaint or information and notice of the employee’s intent to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and obtains and follows, from the head of the establishment, through the Inspector General (or designee), procedural direction on how to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or obtains and follows such procedural direction from the applicable security officer appointed under subsection (i). If an employee seeks procedural direction under subparagraph (A)(ii) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact an intelligence committee or any other committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subparagraph. ; and by redesignating paragraph
(3)as paragraph (4); and by inserting after paragraph
(2)the following: An employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee. . Subsection
(b)of such section is amended by adding at the end the following: Subject to paragraphs
(2)and
(3)of subsection (e), an employee of an element of 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— in lieu of reporting such complaint or information under paragraph (1); or in addition to reporting such complaint or information under paragraph (1). . 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 as required by section 416(i) of title 5, United States Code. . Subparagraph
(D)of section 103H(k)(5) of such Act ( 50 U.S.C. 3033(k)(5) ) is amended— in clause (i), by inserting or any other committee of jurisdiction of the Senate or the House of Representatives after either or both of the congressional intelligence committees ; by amending clause
(ii)to read as follows: Except as provided in subclause (II), an employee may contact a congressional intelligence committee or another committee of jurisdiction directly as described in clause
(i)only if the employee— before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee’s complaint or information and notice of the employee’s intent to contact a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and obtains and follows, from the Director, through the Inspector General, procedural direction on how to contact a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or obtains and follows such procedural direction from the applicable security officer appointed under section 416(i) of title 5, United States Code. If an employee seeks procedural direction under subclause (I)(bb) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact a congressional intelligence committee or any other committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subclause. ; by redesignating clause
(iii)as clause (iv); and by inserting after clause
(ii)the following: An employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee. . Subparagraph
(A)of such section is amended— by inserting
(i)before An employee of ; and by adding at the end the following: Subject to clauses
(ii)and
(iii)of subparagraph (D), an employee of an element of 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— in lieu of reporting such complaint or information under clause (i); or in addition to reporting such complaint or information under clause (i). . Section 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) ) is amended by adding at the end the following: The Inspector General shall appoint within the Office of the Inspector General security officers as required by section 416(i) of title 5, United States Code. . Subparagraph
(D)of such section is amended— in clause (i), by inserting or any other committee of jurisdiction of the Senate or the House of Representatives after either or both of the intelligence committees ; by amending clause
(ii)to read as follows: Except as provided in subclause (II), an employee may contact an intelligence committee or another committee of jurisdiction directly as described in clause
(i)only if the employee— before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee’s complaint or information and notice of the employee’s intent to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and obtains and follows, from the Director, through the Inspector General, procedural direction on how to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or obtains and follows such procedural direction from the applicable security officer appointed under section 416(i) of title 5, United States Code. If an employee seeks procedural direction under subclause (I)(bb) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subclause. ; by redesignating clause
(iii)as clause (iv); and by inserting after clause
(ii)the following: An employee of the Agency who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee. . Subparagraph
(A)of such section is amended— by inserting
(i)before An employee of ; and by adding at the end the following: Subject to clauses
(ii)and
(iii)of subparagraph (D), an employee of the Agency 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— in lieu of reporting such complaint or information under clause (i); or in addition to reporting such complaint or information under clause (i). . Nothing in this section or an amendment made by this section shall be construed to revoke or diminish any right of an individual provided by section 2303 of title 5, United States Code.
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Sec. 601
Submittal to Congress of complaints and information by whistleblowers in the intelligence community
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