‘‘(E) Should the Director, in the exceptional case and
in order to protect vital law enforcement, foreign affairs,
or national security interests, not transmit to the intel-
ligence committees the Inspector General’s transmittal
submitted under subparagraph (B), or not allow the em-
ployee to contact the intelligence committees under sub-
paragraph (D), the Director shall provide the committees
with the reason for such actions within 7 calendar days.
‘‘(F) For purposes of this paragraph, the following
definitions apply:
‘‘(i) The term ‘urgent concern’ means—
‘‘(I) a serious or flagrant problem, abuse,
violation of law or Executive order, or defi-
ciency relating to the administration or oper-
ations of an intelligence activity involving classi-
fied information;
‘‘(II) a false statement to Congress on an
issue of material fact relating to the adminis-
tration or operation of an intelligence activity;
or
‘‘(III) an action constituting reprisal or
threat of reprisal in response to the employee’s
reporting an urgent concern pursuant to the
terms of this statute including any reprisal ac-
tion that significantly impacts upon or involves
the employee’s appointment; promotion; being
subject to any disciplinary or correction action;
detail, transfer, or reassignment; reinstatement;
restoration; reemployment; performance evalua-
tion; pay, benefits, awards, or education or
training if the education or training may rea-
sonably be expected to lead to an appointment,
promotion, performance evaluation, or other ac-
tion within this subparagraph; being subject to
an extraordinary order for psychiatric testing or
examination; or duties, responsibilities, or work-
ing conditions.
Such term does not include differences of opinions
concerning public policy matters.
‘‘(ii) The term ‘intelligence committees’ means
the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Com-
mittee on Intelligence of the Senate.
‘‘(G) The exercise of authorities under this paragraph
shall not be subject to judicial review.’’.
(b) ADDITIONAL PROVISIONS WITH RESPECT TO IN-
SPECTORS GENERAL
OF
THE INTELLIGENCE COMMU-
NITY.—
(1) IN GENERAL.—The Inspector General Act
of 1978 (5 U.S.C. App.) is amended by redesignat-
ing section 8H as section 8I and by inserting after
section 8G the following new section:
‘‘SEC. 8H. (a)(1)(A) Employees of the Defense Intel-
ligence Agency, the National Imagery and Mapping Agen-
cy, the National Reconnaissance Office, and the National
Security Agency, and of contractors to those Agencies,
who wish to report to Congress a complaint or information
with respect to an urgent concern shall report to the In-
spector General of the Department of Defense (or des-
ignee);
‘‘(B) Employees of the Federal Bureau of Investiga-
tion, and of contractors to the Bureau, who wish to report
to Congress a complaint or information with respect to
an urgent concern shall report to the Inspector General
of the Department of Justice (or designee);
‘‘(C) Any other employee of, or contractor to, an exec-
utive agency, or element or unit thereof, determined by
the President under section 2301(a)(2)(C)(ii) of title 5,
United States Code, to have as its principal function the
conduct of foreign intelligence or counterintelligence ac-
tivities, who wishes to report to Congress a complaint or
information with respect to an urgent concern shall report
to the appropriate Inspector General (or designee) under
this Act, or section 17 of the Central Intelligence Agency
Act of 1949.
‘‘(2) The designee of an Inspector General included
in this section shall report such employee complaints or
information to their respective Inspector General within
7 calendar days of receipt.
‘‘(3) If an employee who makes such a report re-
quests confidentiality, the Inspector General (or des-
ignees) may not, except as provided in section 7(b), dis-
close the identity of the employee.
‘‘(4) This section describes the sole process for em-
ployees described in paragraph (1) to submit complaints
or information with respect to an urgent concern to Con-
gress.
‘‘(b) Within the 60-calendar day period beginning on
the day of receipt of an employee complaint or information
with respect to an urgent concern, the Inspector General
shall determine whether the complaint or information ap-
pears credible. If the Inspector General determines that
the complaint or information appears to be credible, the
Inspector General within such period shall transmit the
complaint or information to the head of the establishment
and notify the employee of the Inspector General’s action.
‘‘(c) Except as provided in subsection (e), the head
of the establishment shall, within 7 calendar days after
receipt of the transmittal from the Inspector General pur-
suant to subsection (b), forward such transmittal to the
intelligence committees, together with any comments the
head of the establishment considers appropriate.
‘‘(d) If the Inspector General does not transmit, or
does not accurately transmit, the complaint or information
pursuant to subsection (b), the employee may, subject to
subsection (e) and with the protections of sections 7(b)
and (c), contact the intelligence committees directly to
submit the complaint or information, only if the em-
ployee—
‘‘(1) furnishes to the head of the establishment,
through the Inspector General, a statement of the
employee’s complaint or information and notice of
the employee’s intent to contact the intelligence com-
mittees directly; and
‘‘(2) obtains and follows direction from the
head of the establishment, through the Inspector
General, on how to contact the intelligence commit-
tees in accordance with appropriate security prac-
tices.
‘‘(e) Should the head of the establishment or Director
of Central Intelligence, in the exceptional case and in
order to protect vital law enforcement, foreign affairs, or
national security interests, not transmit to the intelligence
committees the Inspector General’s transmittal submitted
under subsection (b), or not allow the employee to contact
the intelligence committees under subsection (d), the head
of the establishment or the Director of Central Intelligence
(as the case may be) shall provide the committees with
the reason for such actions within 7 calendar days.
‘‘(f) For purposes of this paragraph, the following
definitions apply:
‘‘(1) The term ‘urgent concern’ means—
‘‘(A) a serious or flagrant problem, abuse,
violation of law or Executive order, or defi-
ciency relating to the administration or oper-
ations of an intelligence activity involving classi-
fied information;
‘‘(B) a false statement to Congress on an
issue of material fact relating to the adminis-
tration or operation of an intelligence activity;
or
‘‘(C) an action constituting reprisal or
threat of reprisal in response to the employee’s
reporting an urgent concern pursuant to the
terms of this statute including any reprisal ac-
tion that significantly impacts upon or involves
the employee’s appointment; promotion; being
subject to any disciplinary or correction action;
detail, transfer, or reassignment; reinstatement;
restoration; reemployment; performance evalua-
tion; pay, benefits, awards, or education or
training if the education or training may rea-
sonably be expected to lead to an appointment,
promotion, performance evaluation, or other ac-
tion within this subparagraph; being subject to
an extraordinary order for psychiatric testing or
examination; or duties, responsibilities, or work-
ing conditions.
Such term does not include differences of opinions
concerning public policy matters.
‘‘(2) The term ‘intelligence committees’ means
the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Com-
mittee on Intelligence of the Senate.
‘‘(g) The exercise of authorities under this subsection
shall not be subject to judicial review.’’.
(2) CONFORMING AMENDMENT.—Section 8I of
such Act (as redesignated by paragraph (1) of this
subsection) is amended by striking ‘‘or 8E’’ and in-
serting ‘‘8E, or 8H’’.
Æ