HARMONIZATION OF WHISTLEBLOWER PROTECTIONS.

SEC. 501. HARMONIZATION OF WHISTLEBLOWER PROTECTIONS. (a) Prohibited Personnel Practices in the Intelligence Community.— (1) Threats relating to personnel actions.— (A) Agency employees.—Section 1104(b) of the National Security Act of 1947 (50 U.S.C. 3234(b)) is amended, in the matter preceding paragraph (1)— (i) by striking “Any employee of an agency” and inserting “Any employee of a covered intelligence community element or an agency”; and (ii) by inserting “, or threaten to take or fail to take,” after “take or fail to take”. (B) Contractor employees.—Section 1104(c)(1) of such Act (50 U.S.C. 3234(c)(1)) is amended, in the matter preceding subparagraph (A), by inserting “, or threaten to take or fail to take,” after “take or fail to take”. (2) Protection for contractor employees against reprisal from agency employees.—Section 1104(c)(1) of such Act (50 U.S.C. 3234(c)(1)), as amended by paragraph (1)(B) of this subsection, is further amended, in the matter preceding subparagraph (A), by inserting “of an agency or” after “Any employee”. (3) Enforcement.—Subsection (d) of section 1104 of such Act (50 U.S.C. 3234) is amended to read as follows: “(d) Enforcement.—The President shall provide for the enforcement of this section consistent, to the fullest extent possible, with the policies and procedures used to adjudicate alleged violations of section 2302(b)(8) of title 5, United States Code.” . (b) Retaliatory Revocation of Security Clearances and Access Determinations.— (1) Enforcement.—Section 3001(j) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)) is amended— (A) by redesignating paragraph (8) as paragraph (9); and (B) by inserting after paragraph (7) the following: “(8) Enforcement.—Except as otherwise provided in this subsection, the President shall provide for the enforcement of this section consistent, to the fullest extent possible, with the policies and procedures used to adjudicate alleged violations of section 2302(b)(8) of title 5, United States Code.” . (2) Tolling of deadline for appeal of prohibited reprisal.—Section 3001(j)(4) of such Act (50 U.S.C. 3341(j)(4)) is amended— (A) in subparagraph (A), by inserting “(except as provided by subparagraph (D))” after “within 90 days”; and (B) by adding at the end the following new subparagraph: “(D) Tolling.—The time requirement established by subparagraph (A) for an employee or former employee to appeal the decision of an agency may be tolled if the employee or former employee presents substantial credible evidence showing why the employee or former employee did not timely initiate the appeal and why the enforcement of the time requirement would be unfair, such as evidence showing that the employee or former employee— “(i) did not receive notice of the decision; or “(ii) could not timely initiate the appeal because of factors beyond the control of the employee or former employee.” . (c) Correction of Definition of Agency.—Section 3001(a)(1)(B) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(a)(1)(B)) is amended by striking “and” and inserting “or”. (d) Establishing Consistency With Respect to Protections for Disclosures of Mismanagement.— (1) Security clearance and access determinations.—Section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)) is amended— (A) in subparagraph (A)(ii), by striking “gross mismanagement” and inserting “mismanagement”; and (B) in subparagraph (B)(ii), by striking “gross mismanagement” and inserting “mismanagement”. (2) Personnel actions against contractor employees.—Section 1104(c)(1)(B) of the National Security Act of 1947 (50 U.S.C. 3234(c)(1)(B)) is amended by striking “gross mismanagement” and inserting “mismanagement”. (e) Protected Disclosures to Supervisors.— (1) Personnel actions.— (A) Disclosures by agency employees to supervisors.—Section 1104(b) of the National Security Act of 1947 (50 U.S.C. 3234(b)), as amended by subsection (a)(1)(A), is further amended, in the matter preceding paragraph (1), by inserting “a supervisor in the employee’s direct chain of command, or a supervisor of the employing agency with responsibility for the subject matter of the disclosure, up to and including” before “the head of the employing agency”. (B) Disclosures by contractor employees to supervisors.—Section 1104(c)(1) of such Act (50 U.S.C. 3234(c)(1)), as amended by subsection (a), is further amended, in the matter preceding subparagraph (A), by inserting “a supervisor in the contractor employee’s direct chain of command, or a supervisor of the contracting agency with responsibility for the subject matter of the disclosure, 136 STAT. 983 up to and including” before “the head of the contracting agency”. (2) Security clearance and access determinations.—Section 3001(j)(1)(A) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)(A)) is amended, in the matter preceding clause (i), by inserting “a supervisor in the employee’s direct chain of command, or a supervisor of the employing agency with responsibility for the subject matter of the disclosure, up to and including” before “the head of the employing agency”. (f) Establishing Parity for Protected Disclosures.—Section 1104 of the National Security Act of 1947 (50 U.S.C. 3234) is further amended— (1) in subsection (b), as amended by subsections (a)(1)(A) and (e)(1)(A)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs, as so redesignated, 2 ems to the right; (B) in the matter preceding subparagraph (A), as redesignated and moved by subparagraph (A) of this paragraph, by striking “for a lawful disclosure” and inserting the following:“for— “(1) any lawful disclosure” ; and (C) by adding at the end the following: “(2) any lawful disclosure that complies with— “(A) subsections (a)(1), (d), and (g) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.); “(B) subparagraphs (A), (D), and (H) of section 17(d)(5) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)); or “(C) subparagraphs (A), (D), and (I) of section 103H(k)(5); or “(3) if the actions do not result in the employee unlawfully disclosing information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, any lawful disclosure in conjunction with— “(A) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation; “(B) testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in subparagraph (A); or “(C) cooperation with or disclosing information to the Inspector General of an agency, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General.” ; and (2) in subsection (c)(1), as amended by subsections (a), (d)(2), and (e)(1)(B)— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses, as so redesignated, 2 ems to the right; (B) in the matter preceding clause (i), as redesignated and moved by subparagraph (A) of this paragraph, by striking “for a lawful disclosure” and inserting the following:“for— “(A) any lawful disclosure” ; and (C) by adding at the end the following: “(B) any lawful disclosure that complies with— “(i) subsections (a)(1), (d), and (g) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.); “(ii) subparagraphs (A), (D), and (H) of section 17(d)(5) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)); or “(iii) subparagraphs (A), (D), and (I) of section 103H(k)(5); or “(C) if the actions do not result in the contractor employee unlawfully disclosing information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, any lawful disclosure in conjunction with— “(i) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation; “(ii) testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in clause (i); or “(iii) cooperation with or disclosing information to the Inspector General of an agency, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General.” . (g) Clarification Relating to Protected Disclosures.—Section 1104 of the National Security Act of 1947 (50 U.S.C. 3234) is further amended— (1) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; and (2) by inserting after subsection (c) the following: “(d) Rule of Construction.—Consistent with the protection of intelligence sources and methods, nothing in subsection (b) or (c) shall be construed to authorize— “(1) the withholding of information from Congress; or “(2) the taking of any personnel action against an employee who lawfully discloses information to Congress. “(e) Disclosures.—A disclosure shall not be excluded from this section because— “(1) the disclosure was made to an individual, including a supervisor, who participated in an activity that the employee reasonably believed to be covered under subsection (b)(1)(B) or the contractor employee reasonably believed to be covered under subsection (c)(1)(A)(ii); “(2) the disclosure revealed information that had been previously disclosed; “(3) the disclosure was not made in writing; “(4) the disclosure was made while the employee was off duty; “(5) of the amount of time which has passed since the occurrence of the events described in the disclosure; or “(6) the disclosure was made during the normal course of duties of an employee or contractor employee.” . (h) Correction Relating to Normal Course Disclosures.—Section 3001(j)(3) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(3)) is amended— (1) by striking “Disclosures.—” and all that follows through “because—” and inserting “Disclosures.—A disclosure shall not be excluded from paragraph (1) because—”; (2) by striking subparagraph (B); (3) by redesignating clauses (i) through (v) as subparagraphs (A) through (E), respectively, and moving such subparagraphs, as so redesignated, 2 ems to the left; (4) in subparagraph (D), as so redesignated, by striking “or” at the end; (5) in subparagraph (E), as redesignated by paragraph (3), by striking the period at the end and inserting “; or”; and (6) by adding at the end the following: “(F) the disclosure was made during the normal course of duties of an employee.” . (i) Clarification Relating to Rule of Construction.—Section 3001(j)(2) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(2)) is amended by inserting “or clearance action” after “personnel action”. (j) Clarification Relating to Prohibited Practices.—Section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)), as amended by this section, is further amended by striking “over” and inserting “to take, direct others to take, recommend, or approve”. (k) Technical Correction.—Section 3001(j)(1)(C)(i) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)(C)(i)) is amended by striking “(h)” and inserting “(g)”. (l) Report Required.—Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees a report assessing the extent to which protections provided under Presidential Policy Directive 19 (relating to protecting whistleblowers with access to classified information) have been codified in statutes.