Intelligence Community Congressional Whistleblowing Improvement Act
This bill expands protections for whistleblowers who are employed by a covered agency in the intelligence community (or by a contractor of such an agency) to apply to protected disclosures made to any Member of Congress. Currently, when a protected disclosure is made to Congress, whistleblower protections generally apply only if the disclosure was made to a congressional intelligence committee or to a member of such a committee.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9025 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 9025
To amend the National Security Act of 1947 to expand protected
disclosures made by intelligence community whistleblowers to include
disclosures made to Members of Congress, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 18, 2020
Mr. Amash introduced the following bill; which was referred to the
Permanent Select Committee on Intelligence
_______________________________________________________________________
A BILL
To amend the National Security Act of 1947 to expand protected
disclosures made by intelligence community whistleblowers to include
disclosures made to Members of Congress, 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 ``Intelligence Community Congressional
Whistleblowing Improvement Act''.
SEC. 2. PROTECTED DISCLOSURES MADE TO MEMBERS OF CONGRESS BY
INTELLIGENCE COMMUNITY WHISTLEBLOWERS.
(a) Disclosures to Members Under National Security Act of 1947.--
(1) Disclosures to members.--Section 103H(k)(5) of the
National Security Act of 1947 (50 U.S.C. 3033(k)(5)) is
amended--
(A) in subparagraph (C), by inserting ``or any
Member of Congress designated by the employee who
submits the complaint or information under subparagraph
(A)'' after ``committees'';
(B) in subparagraph (D)--
(i) in clauses (i) and (ii), by inserting
``, or any Member of Congress,'' after
``committees'' each place it appears; and
(ii) in clause (iii)--
(I) by striking ``A member or
employee of one of the congressional
intelligence committees'' and inserting
``A Member of Congress, including any
Member of one of the congressional
intelligence committees, or an employee
of such a committee''; and
(II) by striking ``member'' each
place it appears and inserting
``Member'';
(C) in subparagraph (I), by striking ``any member''
and inserting ``any Member of Congress, including any
Member''; and
(D) by adding at the end the following new
subparagraph:
``(J) In this paragraph, the term `Member of Congress' means a
member of the Senate or the House of Representatives, a Delegate to the
House of Representatives, and the Resident Commissioner from Puerto
Rico.''.
(2) Prohibited personnel actions.--Section 1104 of such Act
(50 U.S.C. 3234) is amended--
(A) in subsection (a), by adding at the end the
following new paragraph:
``(5) Member of congress.--The term `Member of Congress'
has the meaning given such term in section 103H(k)(5)(J) of
this Act.''; and
(B) in subsections (b) and (c), by striking ``a
member'' and inserting ``a Member of Congress,
including any Member'' each place it appears.
(b) Disclosures to Members Under Central Intelligence Agency Act of
1949.--Section 17(d)(5) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(d)(5)) is amended--
(1) in subparagraph (C), by inserting ``or any Member of
Congress designated by the employee who submits the complaint
or information under subparagraph (A)'' after ``committees'';
(2) in subparagraph (D)--
(A) in clauses (i) and (ii), by inserting ``, or
any Member of Congress,'' after ``committees'' each
place it appears; and
(B) in clause (iii)--
(i) by striking ``A member or employee of
one of the intelligence committees'' and
inserting ``A Member of Congress, including any
Member of one of the intelligence committees,
or an employee of such a committee''; and
(ii) by striking ``member'' each place it
appears and inserting ``Member'';
(3) in subparagraph (G), by adding at the end the following
new clause:
``(iii) The term `Member of Congress' means
a member of the Senate or the House of
Representatives, a Delegate to the House of
Representatives, and the Resident Commissioner
from Puerto Rico.''; and
(4) in subparagraph (H), by striking ``any member'' and
inserting ``any Member of Congress, including any Member''.
(c) Disclosures to Members Under Additional Provisions.--Section 8H
of the Inspector General Act of 1978 (5 U.S.C. App. 8H) is amended--
(1) in subsection (c), by inserting ``or any Member of
Congress designated by the employee who submits the complaint
or information under subparagraph (A)'' after ``committees'';
(2) in subsection (d)--
(A) in paragraphs (1) and (2), by inserting ``, or
any Member of Congress,'' after ``committees'' in each
place it appears; and
(B) in paragraph (3)--
(i) by striking ``A member or employee of
one of the intelligence committees'' and
inserting ``A Member of Congress, including any
Member of one of the intelligence committees,
or an employee of such a committee''; and
(ii) by striking ``member'' each place it
appears and inserting ``Member'';
(3) in subsection (g), by striking ``any member'' and
inserting ``any Member of Congress, including any Member''; and
(4) in subsection (h), by adding at the end the following
new paragraph:
``(3) The term `Member of Congress' means a member of the
Senate or the House of Representatives, a Delegate to the House
of Representatives, and the Resident Commissioner from Puerto
Rico.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Intelligence (Permanent Select).
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