Intelligence Community Congressional Whistleblowing Improvement Act

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Intelligence Commu- 4 nity Congressional Whistleblowing Improvement Act’’. 5 VerDate Sep 11 2014 02:38 Jan 05, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H9025.IH H9025 SSpencer on DSK126QN23PROD with BILLS 2 •HR 9025 IH SEC. 2. PROTECTED DISCLOSURES MADE TO MEMBERS OF 1 CONGRESS BY INTELLIGENCE COMMUNITY 2 WHISTLEBLOWERS. 3 (a) DISCLOSURES TO MEMBERS UNDER NATIONAL 4 SECURITY ACT OF 1947.— 5 (1) DISCLOSURES TO MEMBERS.—Section 6 103H(k)(5) of the National Security Act of 1947 7 (50 U.S.C. 3033(k)(5)) is amended— 8 (A) in subparagraph (C), by inserting ‘‘or 9 any Member of Congress designated by the em- 10 ployee who submits the complaint or informa- 11 tion under subparagraph (A)’’ after ‘‘commit- 12 tees’’; 13 (B) in subparagraph (D)— 14 (i) in clauses (i) and (ii), by inserting 15 ‘‘, or any Member of Congress,’’ after 16 ‘‘committees’’ each place it appears; and 17 (ii) in clause (iii)— 18 (I) by striking ‘‘A member or em- 19 ployee of one of the congressional in- 20 telligence committees’’ and inserting 21 ‘‘A Member of Congress, including 22 any Member of one of the congres- 23 sional intelligence committees, or an 24 employee of such a committee’’; and 25 VerDate Sep 11 2014 02:38 Jan 05, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H9025.IH H9025 SSpencer on DSK126QN23PROD with BILLS 3 •HR 9025 IH (II) by striking ‘‘member’’ each 1 place it appears and inserting ‘‘Mem- 2 ber’’; 3 (C) in subparagraph (I), by striking ‘‘any 4 member’’ and inserting ‘‘any Member of Con- 5 gress, including any Member’’; and 6 (D) by adding at the end the following new 7 subparagraph: 8 ‘‘(J) In this paragraph, the term ‘Member of Con- 9 gress’ means a member of the Senate or the House of Rep- 10 resentatives, a Delegate to the House of Representatives, 11 and the Resident Commissioner from Puerto Rico.’’. 12 (2) PROHIBITED PERSONNEL ACTIONS.—Sec- 13 tion 1104 of such Act (50 U.S.C. 3234) is amend- 14 ed— 15 (A) in subsection (a), by adding at the end 16 the following new paragraph: 17 ‘‘(5) MEMBER OF CONGRESS.—The term ‘Mem- 18 ber of Congress’ has the meaning given such term 19 in section 103H(k)(5)(J) of this Act.’’; and 20 (B) in subsections (b) and (c), by striking 21 ‘‘a member’’ and inserting ‘‘a Member of Con- 22 gress, including any Member’’ each place it ap- 23 pears. 24 VerDate Sep 11 2014 02:38 Jan 05, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H9025.IH H9025 SSpencer on DSK126QN23PROD with BILLS 4 •HR 9025 IH (b) DISCLOSURES TO MEMBERS UNDER CENTRAL 1 INTELLIGENCE AGENCY ACT OF 1949.—Section 17(d)(5) 2 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3 3517(d)(5)) is amended— 4 (1) in subparagraph (C), by inserting ‘‘or any 5 Member of Congress designated by the employee 6 who submits the complaint or information under 7 subparagraph (A)’’ after ‘‘committees’’; 8 (2) in subparagraph (D)— 9 (A) in clauses (i) and (ii), by inserting ‘‘, 10 or any Member of Congress,’’ after ‘‘commit- 11 tees’’ each place it appears; and 12 (B) in clause (iii)— 13 (i) by striking ‘‘A member or em- 14 ployee of one of the intelligence commit- 15 tees’’ and inserting ‘‘A Member of Con- 16 gress, including any Member of one of the 17 intelligence committees, or an employee of 18 such a committee’’; and 19 (ii) by striking ‘‘member’’ each place 20 it appears and inserting ‘‘Member’’; 21 (3) in subparagraph (G), by adding at the end 22 the following new clause: 23 ‘‘(iii) The term ‘Member of Congress’ 24 means a member of the Senate or the 25 VerDate Sep 11 2014 02:38 Jan 05, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H9025.IH H9025 SSpencer on DSK126QN23PROD with BILLS 5 •HR 9025 IH House of Representatives, a Delegate to 1 the House of Representatives, and the 2 Resident Commissioner from Puerto 3 Rico.’’; and 4 (4) in subparagraph (H), by striking ‘‘any 5 member’’ and inserting ‘‘any Member of Congress, 6 including any Member’’. 7 (c) DISCLOSURES TO MEMBERS UNDER ADDITIONAL 8 PROVISIONS.—Section 8H of the Inspector General Act of 9 1978 (5 U.S.C. App. 8H) is amended— 10 (1) in subsection (c), by inserting ‘‘or any Mem- 11 ber of Congress designated by the employee who 12 submits the complaint or information under sub- 13 paragraph (A)’’ after ‘‘committees’’; 14 (2) in subsection (d)— 15 (A) in paragraphs (1) and (2), by inserting 16 ‘‘, or any Member of Congress,’’ after ‘‘commit- 17 tees’’ in each place it appears; and 18 (B) in paragraph (3)— 19 (i) by striking ‘‘A member or em- 20 ployee of one of the intelligence commit- 21 tees’’ and inserting ‘‘A Member of Con- 22 gress, including any Member of one of the 23 intelligence committees, or an employee of 24 such a committee’’; and 25 VerDate Sep 11 2014 02:38 Jan 05, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H9025.IH H9025 SSpencer on DSK126QN23PROD with BILLS 6 •HR 9025 IH (ii) by striking ‘‘member’’ each place 1 it appears and inserting ‘‘Member’’; 2 (3) in subsection (g), by striking ‘‘any member’’ 3 and inserting ‘‘any Member of Congress, including 4 any Member’’; and 5 (4) in subsection (h), by adding at the end the 6 following new paragraph: 7 ‘‘(3) The term ‘Member of Congress’ means a 8 member of the Senate or the House of Representa- 9 tives, a Delegate to the House of Representatives, 10 and the Resident Commissioner from Puerto Rico.’’. 11 Æ VerDate Sep 11 2014 02:38 Jan 05, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H9025.IH H9025 SSpencer on DSK126QN23PROD with BILLS