Sec. 702. Prohibition on requiring political or ideological activism within the intelligence community
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Title XII of the National Security Act of 1947, as added and amended by section 701 of this Act, is further amended by inserting after section 1202 the following new section: The head of each element of the intelligence community shall ensure that— a covered individual is not required to engage in political or ideological activism as a condition for obtaining a positive personnel action; and a covered individual is not awarded additional points or otherwise be determined to be more likely to obtain a positive personnel decision based on engaging in political or ideological activism. Subsection
(a)shall not apply with respect to requirements that a covered individual engage in political or ideological activism for the purposes of maintaining the cover of such individual, as determined by the head of the element of the intelligence community that would take a positive personnel action. In this section: The term covered individual means— an applicant, employee, or former employee of an element of the intelligence community; an employee or former employee assigned or detailed to an element of the intelligence community; an employee or former employee of a contractor of an element of the intelligence community; or an individual contractor or former individual contractor of an element of the intelligence community. The term political or ideological activism means affirmatively advocating for beliefs, affiliations, ideals, or principles regarding matters of contemporary political debate or social action, including through speech, attendance at events, or membership in organizations or groups. The term positive personnel action means, with regard to a covered individual, any of the following: An appointment requested by the covered individual. A promotion requested by the covered individual. A decision not to subject the covered individual to disciplinary or corrective action. A detail, transfer, or reassignment, requested by the covered individual. A decision not to subject the covered individual to a demotion, suspension, or termination. A reinstatement or restoration requested by the covered individual. A recommendation or positive performance evaluation. A decision concerning pay, benefits, or awards requested by the covered individual. A decision not to order or recommend medical testing or examination, including psychiatric testing or examination, that the covered individual does not request. The implementation or enforcement against the covered individual of any nondisclosure policy, form, or agreement. The granting of the response requested by the covered individual with respect to any claim of retaliatory action or harassment. A decision not to subject the covered individual to an investigation requested, directed, initiated, or conducted for the primary purpose of punishing, harassing, or ostracizing an individual for making a protected disclosure. A decision to provide education or training if such education or training may reasonably be expected to lead to an appointment, promotion, or performance evaluation. Any other significant change in duties, responsibilities, or working conditions, requested by the covered individual. .