Sec. 110. WHISTLEBLOWER PROTECTIONS FOR CONTRACTORS OF THE INTELLIGENCE COMMUNITY
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## SEC. 110 WHISTLEBLOWER PROTECTIONS FOR CONTRACTORS OF THE INTELLIGENCE COMMUNITY ###
(a)Prohibited Personnel Practices in the Intelligence Community Section 1104 of the National Security Act of 1947 (50 U.S.C. 3234) is amended— ####
(1)in subsection (a)— #####
(A)in paragraph (3), by inserting “or a contractor employee” after “character)”; and #####
(B)by adding at the end the following new paragraph: > > #### “(4) Contractor employee > > The term ‘contractor employee’ means an employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, of a covered intelligence community element.” > ; ####
(2)by redesignating subsections
(c)and
(d)as subsections
(d)and (e), respectively; ####
(3)by inserting after subsection
(b)the following new subsection (c): > > ### “(c) Contractor Employees > > > ####
(1)> > Any employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, of a covered intelligence community element who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take a personnel action with respect to any contractor employee as a reprisal for a lawful disclosure of information by the contractor employee to the Director of National Intelligence (or an employee designated by the Director of National Intelligence for such purpose), the Inspector General of the Intelligence Community, the head of the contracting agency (or an employee designated by the head of that agency for such purpose), the appropriate inspector general of the contracting agency, a congressional intelligence committee, or a member of a congressional intelligence committee, which the contractor employee reasonably believes evidences— > > > ##### “(A) > > a violation of any Federal law, rule, or regulation (including with respect to evidence of another employee or contractor employee accessing or sharing classified information without authorization); or > > > ##### “(B) > > gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. > > > #### “(2) > > A personnel action under paragraph
(1)is prohibited even if the action is undertaken at the request of an agency official, unless the request takes the form of a nondiscretionary directive and is within the authority of the agency official making the request.” > ; ####
(4)in subsection (b), by striking the heading and inserting “Agency Employees.—”; and ####
(5)in subsection (e), as redesignated by paragraph (2), by inserting “contractor employee,” after “any employee,”. ###
(b)Federal Bureau of Investigation **[**[5 U.S.C. 2303 note](/us/usc/t5/s2303)**]** ####
(1)In general Any employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, of the Federal Bureau of Investigation who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take a personnel action with respect to a contractor employee as a reprisal for a disclosure of information— #####
(A)made— ######
(i)to a supervisor in the direct chain of command of the contractor employee; ######
(ii)to the Inspector General; ######
(iii)to the Office of Professional Responsibility of the Department of Justice; ######
(iv)to the Office of Professional Responsibility of the Federal Bureau of Investigation; ######
(v)to the Inspection Division of the Federal Bureau of Investigation; ######
(vi)to the Office of Special Counsel; or ######
(vii)to an employee designated by any officer, employee, office, or division described in clauses
(i)through
(vii)for the purpose of receiving such disclosures; and #####
(B)which the contractor employee reasonably believes evidences— ######
(i)any violation of any law, rule, or regulation (including with respect to evidence of another employee or contractor employee accessing or sharing classified information without authorization); or ######
(ii)gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. ####
(2)Actions by request A personnel action under paragraph
(1)is prohibited even if the action is undertaken at the request of an official of the Federal Bureau of Investigation, unless the request takes the form of a nondiscretionary directive and is within the authority of the official making the request. ####
(3)Regulations The Attorney General shall prescribe regulations to ensure that a personnel action described in paragraph
(1)shall not be taken against a contractor employee of the Federal Bureau of Investigation as a reprisal for any disclosure of information described in subparagraph
(A)of such paragraph. ####
(4)Enforcement The President shall provide for the enforcement of this subsection. ####
(5)Definitions In this subsection: #####
(A)The term “contractor employee” means an employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, of the Federal Bureau of Investigation. #####
(B)The term “personnel action” means any action described in clauses
(i)through
(x)of section 2302(a)(2)(A) of title 5, United States Code, with respect to a contractor employee. ###
(c)Retaliatory Revocation of Security Clearances and Access Determinations Section 3001(j) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)) is amended by adding at the end the following new paragraph: > > #### “(8) Inclusion of contractor employees > > In this subsection, the term ‘employee’ includes an employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, of an agency. With respect to such employees, the term ‘employing agency’ shall be deemed to be the contracting agency.” > .
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Sec. 110
WHISTLEBLOWER PROTECTIONS FOR CONTRACTORS OF THE INTELLIGENCE COMMUNITY
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