Sec. 602. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community
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Section 1104 of the National Security Act of 1947 ( 50 U.S.C. 3234 ) is amended— in subsection (a)(3) of such section— 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 an employee or contractor employee so as to identify the employee or contractor employee as an employee or contractor employee who has made a lawful disclosure described in subsection
(b)or (c); or ; by redesignating subsections
(f)and
(g)as subsections
(g)and (h), respectively; and by inserting after subsection
(e)the following: A personnel action described in subsection (a)(3)(J) shall not be considered to be in violation of subsection
(b)or
(c)under the following circumstances: The personnel action was taken with the express consent of the employee or contractor employee. An Inspector General with oversight responsibility for a covered intelligence community element determines that— the personnel action was unavoidable under section 103H(g)(3)(A) of this Act ( 50 U.S.C. 3033(g)(3)(A) ), section 17(e)(3)(A) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(e)(3)(A) ), section 407(b) of title 5, United States Code, or section 420(b)(2)(B) of such title; the personnel action was made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken; or the personnel action was required by statute or an order from a court of competent jurisdiction. . Subsection
(a)of section 1104 of such Act ( 50 U.S.C. 3234 ) 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
(g)of such section, as redesignated by subsection (a)(2) of this section, is amended to read as follows: Except as otherwise provided in this subsection, the President shall provide for the enforcement of this section. To the fullest extent possible, the President shall provide for enforcement of this section in a manner that is consistent with the enforcement of section 2302(b)(8) of title 5, United States Code, especially with respect to policies and procedures used to adjudicate alleged violations of such section. Subject to paragraph (4), in a case in which an employee of an agency 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 an employee or contractor employee takes a personnel action described in subsection (a)(3)(J) 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, consistent with section 1221 of title 5, United States Code, bring a private action for all appropriate remedies, including injunctive relief and compensatory and punitive damages, in an amount not to exceed $250,000, against the agency of the employee or contracting agency of the contractor employee who took the personnel action, in a Federal district court of competent jurisdiction. Before the employee or contractor employee may bring a private action under paragraph (3), the employee or contractor employee shall exhaust administrative remedies by— first, obtaining a disposition of their claim by requesting review by the appropriate inspector general; and second, if the review under clause
(i)does not substantiate reprisal, by submitting to the Inspector General of the Intelligence Community a request for a review of the claim by an external review panel under section 1106. The employee or contractor employee may bring a private right of action under paragraph
(3)during the 180-day period beginning on the date on which the employee or contractor employee is notified of the final disposition of their claim under section 1106. .
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Sec. 602
Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community
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