Adam S. Lovinger Whistleblower Reprisal Act of 2018
This bill expands protections for whistle-blowers against a security clearance action (e.g., revocation of a security clearance) made in retaliation for a protected disclosure.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7032 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 7032
To amend the Intelligence Reform and Terrorism Prevention Act of 2004
to enhance protections for individuals who hold a security clearance
and who are subject to whistleblower retaliation, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 5, 2018
Mr. Gohmert introduced the following bill; which was referred to the
Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To amend the Intelligence Reform and Terrorism Prevention Act of 2004
to enhance protections for individuals who hold a security clearance
and who are subject to whistleblower retaliation, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adam S. Lovinger Whistleblower
Reprisal Act of 2018''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) United States Government employees and contractors who
properly and lawfully report gross mismanagement; gross waste
of public funds; violation of law, rule, or regulation; abuses
of authority; or substantial and specific dangers to public
health or safety further the interests of good governance and
provide a valuable service to the American public.
(2) Despite efforts in recent years to protect
whistleblowers--specifically, Presidential Policy Directive 19
and the codification of certain provisions of the Directive at
section 3001(j) of the Intelligence Reform and Terrorism
Prevention Act of 2004--retaliatory denial, suspension, or
revocation of security clearance remains a very real threat for
whistleblowers. Government officials can wield this threat with
impunity due to the lack of defined penalties for misusing the
security clearance system.
(3) Because those found to have engaged in unlawful
whistleblower reprisal are often senior agency officials, and
because punishment for such misconduct is, under current law,
both undefined and exclusively within the discretion of agency
management officials, the retaliator often goes unpunished
while the whistleblower is left to pick up the pieces of his or
her career, livelihood, and reputation, often after months or
years without a paycheck.
(4) Defining penalties for unlawful whistleblower reprisal
in the form of suspension, denial, or revocation of a security
clearance, or the recommendation, threat, or furtherance of the
same, places those contemplating misusing the security
clearance system on notice that such behavior will not be
tolerated, serves as a strong deterrent to unlawful
retaliation, and ensures appropriate consequences are
implemented when necessary. The Whistleblower Protection Act of
1989, which covers all reprisal except that pertaining to
security clearances, has for many years done precisely that.
The lack of penalty congruence between the Whistleblower
Protection Act and section 3001(j) of the Intelligence Reform
and Terrorism Prevention Act of 2004, is inexplicable,
unwarranted, and remedied by this Act.
(5) This Act recognizes that the suspension, denial, or
revocation of security clearance often has an even more
insidious impact on a whistleblower than other forms of
retaliation due to the inherent stigma of national security
risk it carries.
SEC. 3. PENALTIES FOR RETALIATORY ACTION AGAINST WHISTLEBLOWER WHO HOLD
A SECURITY CLEARANCE.
(a) In General.--Section 3001(j)(4) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)) is amended by
adding at the end the following:
``(D) Penalties for reprisals.--(i) Upon a finding
by an inspector general of an agency or the Inspector
General of the Intelligence Community that an officer
or employee of an agency directed, recommended, or
materially furthered a reprisal prohibited by paragraph
(1), the officer or employee shall be subject to one or
more of the following adverse actions, as determined by
the head of the employing agency:
``(I) A suspension from duty
without pay for a period of at least 14
days.
``(II) A reduction in grade.
``(III) Revocation of security
clearance.
``(IV) Removal from the Federal
service.
``(V) Referral to the Office of
Personnel Management for debarment from
the Federal service for a period not to
exceed 10 years.
``(ii) For purposes of carrying out clause (i), an
officer or employee materially furthered a reprisal if
the officer or employee knew, or reasonably should have
known, that the action was a reprisal prohibited by
paragraph (1).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 30 days after the date of the enactment
of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
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