related to section 2303, codified in part 27 of the 
Code of Federal Regulations.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 23 of title 5, United 
States Code, is amended by inserting after the item relat-
ing to section 2303 the following: 
‘‘2303a. Prohibited personnel practices in the intelligence community.’’. 
SEC. 202. REVIEW OF SECURITY CLEARANCE OR ACCESS 
DETERMINATIONS. 
(a) IN GENERAL.—Section 3001(b) of the Intel-
ligence Reform and Terrorism Prevention Act of 2004 (50 
U.S.C. 435b(b)) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘Not’’ and inserting ‘‘Except as otherwise 
provided, not’’; 
(2) in paragraph (5), by striking ‘‘and’’ after 
the semicolon; 
(3) in paragraph (6), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) not later than 180 days after the date of 
enactment of the Whistleblower Protection Enhance-
ment Act of 2011— 
‘‘(A) developing policies and procedures 
that permit, to the extent practicable, individ-
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uals who challenge in good faith a determina-
tion to suspend or revoke a security clearance 
or access to classified information to retain 
their government employment status while such 
challenge is pending; and 
‘‘(B) developing and implementing uniform 
and consistent policies and procedures to ensure 
proper protections during the process for deny-
ing, suspending, or revoking a security clear-
ance or access to classified information, includ-
ing the provision of a right to appeal such a de-
nial, suspension, or revocation, except that 
there shall be no appeal of an agency’s suspen-
sion of a security clearance or access determina-
tion for purposes of conducting an investiga-
tion, if that suspension lasts no longer than 1 
year or the head of the agency certifies that a 
longer suspension is needed before a final deci-
sion on denial or revocation to prevent immi-
nent harm to the national security. 
Any limitation period applicable to an agency appeal under 
paragraph (7) shall be tolled until the head of the agency 
(or in the case of any component of the Department of 
Defense, the Secretary of Defense) determines, with the 
concurrence of the Director of National Intelligence, that 
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the policies and procedures described in paragraph (7) 
have been established for the agency or the Director of 
National Intelligence promulgates the policies and proce-
dures under paragraph (7). The policies and procedures 
for appeals developed under paragraph (7) shall be com-
parable to the policies and procedures pertaining to pro-
hibited 
personnel 
practices 
defined 
under 
section 
2302(b)(8) of title 5, United States Code, and provide— 
‘‘(i) for an independent and impartial fact-find-
er; 
‘‘(ii) for notice and the opportunity to be heard, 
including the opportunity to present relevant evi-
dence, including witness testimony; 
‘‘(iii) that the employee or former employee 
may be represented by counsel; 
‘‘(iv) that the employee or former employee has 
a right to a decision based on the record developed 
during the appeal; 
‘‘(v) that not more than 180 days shall pass 
from the filing of the appeal to the report of the im-
partial fact-finder to the agency head or the des-
ignee of the agency head, unless— 
‘‘(I) the employee and the agency con-
cerned agree to an extension; or 
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‘‘(II) the impartial fact-finder determines 
in writing that a greater period of time is re-
quired in the interest of fairness or national se-
curity; 
‘‘(vi) for the use of information specifically re-
quired by Executive order to be kept classified in the 
interest of national defense or the conduct of foreign 
affairs in a manner consistent with the interests of 
national security, including ex parte submissions if 
the agency determines that the interests of national 
security so warrant; and 
‘‘(vii) that the employee or former employee 
shall have no right to compel the production of in-
formation specifically required by Executive order to 
be kept classified in the interest of national defense 
or the conduct of foreign affairs, except evidence 
necessary to establish that the employee made the 
disclosure or communication such employee alleges 
was protected by subparagraphs (A), (B), and (C) of 
subsection (j)(1).’’ 
(b) 
RETALIATORY
REVOCATION
OF
SECURITY 
CLEARANCES
AND ACCESS DETERMINATIONS.—Section 
3001 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (50 U.S.C. 435b) is amended by adding at 
the end the following: 
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‘‘(j) RETALIATORY
REVOCATION
OF
SECURITY 
CLEARANCES AND ACCESS DETERMINATIONS.— 
‘‘(1) IN GENERAL.—Agency personnel with au-
thority over personnel security clearance or access 
determinations shall not take or fail to take, or 
threaten to take or fail to take, any action with re-
spect to any employee’s security clearance or access 
determination because of— 
‘‘(A) any disclosure of information to the 
Director of National Intelligence (or an em-
ployee designated by the Director of National 
Intelligence for such purpose) or the head of 
the employing agency (or employee designated 
by the head of that agency for such purpose) by 
an employee that the employee reasonably be-
lieves evidences— 
‘‘(i) a violation of any law, rule, or 
regulation, and occurs during the conscien-
tious carrying out of official duties; or 
‘‘(ii) gross mismanagement, a gross 
waste of funds, an abuse of authority, or 
a substantial and specific danger to public 
health or safety; 
‘‘(B) any disclosure to the Inspector Gen-
eral of an agency or another employee des-
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