Sec. 801. Improvements regarding urgent concerns submitted to Inspectors General of the intelligence community
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Section 103H(k)(5) of the National Security Act of 1947 ( 50 U.S.C. 3033(k)(5) ) is amended— in subparagraph (A)— by inserting
(i)before An employee of ; by inserting in writing before to the Inspector General ; and by adding at the end the following: The Inspector General shall provide any support necessary to ensure that an employee can submit a complaint or information under this subparagraph in writing and, if such submission is not feasible, shall create a written record of the employee’s verbal complaint or information and treat such written record as a written submission. ; by striking subparagraph
(B)and inserting the following: Not later than the end of the period specified in subclause (II), the Inspector General shall determine whether the written complaint or information submitted under subparagraph
(A)appears credible. Upon making such a determination, the Inspector General shall transmit to the Director notice of that determination, together with the complaint or information. The period specified in this subclause is the 14-calendar-day period beginning on the date on which an employee who has submitted an initial written complaint or information under subparagraph
(A)confirms that the employee has submitted to the Inspector General the material the employee intends to submit to Congress under such subparagraph. The Inspector General may transmit a complaint or information submitted under subparagraph
(A)directly to the congressional intelligence committees— without transmittal to the Director if the Inspector General determines that transmittal to the Director could compromise the anonymity of the employee or result in the complaint or information being transmitted to a subject of the complaint or information; or following transmittal to the Director if the Director does not transmit the complaint or information to the congressional intelligence committees within the time period specified in subparagraph (C). ; in subparagraph (D)— in clause (i), by striking or does not transmit the complaint or information to the Director in accurate form under subparagraph (B), and inserting does not transmit the complaint or information to the Director in accurate form under subparagraph (B)(i)(I), or makes a determination pursuant to subparagraph (B)(ii)(I) but does not transmit the complaint or information to the congressional intelligence committees within 21 calendar days of receipt, ; and by striking clause
(ii)and inserting the following: An employee may contact the congressional intelligence committees directly as described in clause
(i)only if— the employee, before making such a contact— transmits 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 the congressional intelligence committees directly; and obtains and follows from the Director, through the Inspector General, direction on how to contact the congressional intelligence committees in accordance with appropriate security practices; or the Inspector General— determines that— a transmittal under subclause
(I)could compromise the anonymity of the employee or result in the complaint or information being transmitted to a subject of the complaint or information; or the Director has failed to provide adequate direction pursuant to item
(bb)of subclause
(I)within 7 calendar days of a transmittal under such subclause; and provides the employee direction on how to contact the congressional intelligence committees in accordance with appropriate security practices. ; and by adding at the end the following: In this paragraph, the term employee , with respect to an employee of an element of the intelligence community, an employee assigned or detailed to an element of the intelligence community, or an employee of a contractor to the intelligence community who may submit a complaint or information to the Inspector General under subparagraph (A), means— a current employee at the time of such submission; or a former employee at the time of such submission, if such complaint or information arises from and relates to the period of employment as such an employee. . Section 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) ) is amended— in subparagraph (A)— by inserting
(i)before An employee ; by inserting in writing before to the Inspector General ; and by adding at the end the following: The Inspector General shall provide any support necessary to ensure that an employee can submit a complaint or information under this subparagraph in writing and, if such submission is not feasible, shall create a written record of the employee’s verbal complaint or information and treat such written record as a written submission. ; in subparagraph (B)— by striking clause
(i)and inserting the following: Not later than the end of the period specified in subclause (II), the Inspector General shall determine whether the written complaint or information submitted under subparagraph
(A)appears credible. Upon making such a determination, the Inspector General shall transmit to the Director notice of that determination, together with the complaint or information. The period specified in this subclause is the 14-calendar-day period beginning on the date on which an employee who has submitted an initial written complaint or information under subparagraph
(A)confirms that the employee has submitted to the Inspector General the material the employee intends to submit to Congress under such subparagraph. ; and by adding at the end the following: The Inspector General may transmit a complaint or information submitted under subparagraph
(A)directly to the congressional intelligence committees— without transmittal to the Director if the Inspector General determines that transmittal to the Director could compromise the anonymity of the employee or result in the complaint or information being transmitted to a subject of the complaint or information; following transmittal to the Director if the Director does not transmit the complaint or information to the congressional intelligence committees within the time period specified in subparagraph
(C)and has not made a determination regarding a conflict of interest pursuant to clause (ii); or following transmittal to the Director and a determination by the Director that a conflict of interest exists pursuant to clause
(ii)if the Inspector General determines that— transmittal to the Director of National Intelligence could compromise the anonymity of the employee or result in the complaint or information being transmitted to a subject of the complaint or information; or the Director of National Intelligence has not transmitted the complaint or information to the congressional intelligence committees within the time period specified in subparagraph (C). ; in subparagraph (D)— in clause (i), by striking or does not transmit the complaint or information to the Director in accurate form under subparagraph (B), and inserting does not transmit the complaint or information to the Director in accurate form under subparagraph (B)(i)(I), or makes a determination pursuant to subparagraph (B)(iii)(I) but does not transmit the complaint or information to the congressional intelligence committees within 21 calendar days of receipt, ; and by striking clause
(ii)and inserting the following: An employee may contact the congressional intelligence committees directly as described in clause
(i)only if— the employee, before making such a contact— transmits 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 the congressional intelligence committees directly; and obtains and follows from the Director, through the Inspector General, direction on how to contact the congressional intelligence committees in accordance with appropriate security practices; or the Inspector General— determines that— the transmittal under subclause
(I)could compromise the anonymity of the employee or result in the complaint or information being transmitted to a subject of the complaint or information; or the Director has failed to provide adequate direction pursuant to item
(bb)of subclause
(I)within 7 calendar days of a transmittal under such subclause; and provides the employee direction on how to contact the congressional intelligence committees in accordance with appropriate security practices. ; and by adding at the end the following: In this paragraph, the term employee , with respect to an employee of the Agency, or of a contractor to the Agency, who may submit a complaint or information to the Inspector General under subparagraph (A), means— a current employee at the time of such submission; or a former employee at the time of such submission, if such complaint or information arises from and relates to the period of employment as such an employee. . Section 416 of title 5, United States Code, is amended— in subsection (a)— by redesignating paragraphs
(1)and
(2)as paragraphs
(2)and (3), respectively; and by inserting before paragraph (2), as redesignated by paragraph (1), the following: The term employee , with respect to an employee of an element of the Federal Government covered by subsection (b), or of a contractor to such an element, who may submit a complaint or information to an Inspector General under such subsection, means— a current employee at the time of such submission; or a former employee at the time of such submission, if such complaint or information arises from and relates to the period of employment as such an employee. ; in subsection (b)— in paragraph (1)— in the paragraph heading, by inserting ; after ; support for written submission ; made by inserting in writing after may report the complaint or information each place it appears; and in subparagraph (B), by inserting in writing after such complaint or information ; and by adding at the end the following: The Inspector General shall provide any support necessary to ensure that an employee can submit a complaint or information under this paragraph in writing and, if such submission is not feasible, shall create a written record of the employee’s verbal complaint or information and treat such written record as a written submission. ; in subsection (c)— by striking paragraph
(1)and inserting the following: Not later than the end of the period specified in subparagraph (B), the Inspector General shall determine whether the written complaint or information submitted under subsection
(b)appears credible. Upon making such a determination, the Inspector General shall transmit to the head of the establishment notice of that determination, together with the complaint or information. The period specified in this subparagraph is the 14-calendar-day period beginning on the date on which an employee who has submitted an initial written complaint or information under subsection
(b)confirms that the employee has submitted to the Inspector General the material the employee intends to submit to Congress under such subsection. ; and by adding at the end the following: The Inspector General may transmit the complaint or information directly to the intelligence committees— without transmittal to the head of the establishment if the Inspector General determines that transmittal to the head of the establishment could compromise the anonymity of the employee or result in the complaint or information being transmitted to a subject of the complaint or information; following transmittal to the head of the establishment if the head of the establishment does not transmit the complaint or information to the intelligence committees within the time period specified in subsection
(d)and has not made a determination regarding a conflict of interest pursuant to paragraph (2); or following transmittal to the head of the establishment and a determination by the head of the establishment that a conflict of interest exists pursuant to paragraph
(2)if the Inspector General determines that— transmittal to the Director of National Intelligence or the Secretary of Defense could compromise the anonymity of the employee or result in the complaint or information being transmitted to a subject of the complaint or information; or the Director of National Intelligence or the Secretary of Defense has not transmitted the complaint or information to the intelligence committees within the time period specified in subsection (d). ; in subsection (e)(1), by striking or does not transmit the complaint or information to the head of the establishment in accurate form under subsection (c), and inserting does not transmit the complaint or information to the head of the establishment in accurate form under subsection (c)(1)(A), or makes a determination pursuant to subsection (c)(3)(A) but does not transmit the complaint or information to the intelligence committees within 21 calendar days of receipt, ; and in subsection (e), by striking paragraph
(2)and inserting the following: An employee may contact the intelligence committees directly as described in paragraph
(1)only if— the employee, before making such a contact— transmits to the head of the establishment, through the Inspector General, a statement of the employee’s complaint or information and notice of the employee’s intent to contact the intelligence committees directly; and obtains and follows from the head of the establishment, through the Inspector General, direction on how to contact the intelligence committees in accordance with appropriate security practices; or the Inspector General— determines that the transmittal under subparagraph
(A)could compromise the anonymity of the employee or result in the complaint or information being transmitted to a subject of the complaint or information; or determines that the head of the establishment has failed to provide adequate direction pursuant to clause
(ii)of subparagraph
(A)within 7 calendar days of a transmittal under such subparagraph; and provides the employee direction on how to contact the intelligence committees in accordance with appropriate security practices. .
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Sec. 801
Improvements regarding urgent concerns submitted to Inspectors General of the intelligence community
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