TITLE II—INTELLIGENCE COM-
MUNITY 
WHISTLEBLOWER 
PROTECTIONS 
SEC. 201. PROTECTION OF INTELLIGENCE COMMUNITY 
WHISTLEBLOWERS. 
(a) IN GENERAL.—Chapter 23 of title 5, United 
States Code, is amended by inserting after section 2303 
the following: 
‘‘§ 2303a. Prohibited personnel practices in the intel-
ligence community 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘agency’ means an executive de-
partment or independent establishment, as defined 
under sections 101 and 104, that contains an intel-
ligence community element, except the Federal Bu-
reau of Investigation; 
‘‘(2) the term ‘intelligence community ele-
ment’— 
‘‘(A) means— 
‘‘(i) the Central Intelligence Agency, 
the Defense Intelligence Agency, the Na-
tional Geospatial-Intelligence Agency, the 
National Security Agency, the Office of the 
Director of National Intelligence, and the 
National Reconnaissance Office; and 
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‘‘(ii) any executive agency or unit 
thereof determined by the President under 
section 2302(a)(2)(C)(ii) of title 5, United 
States Code, to have as its principal func-
tion the conduct of foreign intelligence or 
counterintelligence activities; and 
‘‘(B) does not include the Federal Bureau 
of Investigation; and 
‘‘(3) the term ‘personnel action’ means any ac-
tion described in clauses (i) through (x) of section 
2302(a)(2)(A) with respect to an employee in a posi-
tion in an intelligence community element (other 
than a position of a confidential, policy-determining, 
policymaking, or policy-advocating character). 
‘‘(b) IN GENERAL.—Any employee of an agency who 
has authority to take, direct others to take, recommend, 
or approve any personnel action, shall not, with respect 
to such authority, take or fail to take a personnel action 
with respect to any employee of an intelligence community 
element as a reprisal for a disclosure of information by 
the employee to the Director of National Intelligence (or 
an employee designated by the Director of National Intel-
ligence for such purpose), or to the head to the head of 
the employing agency (or an employee designated by the 
head of that agency for such purpose), or to a supervisor 
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in the chain of authority of such employee who is authorized 
to access such information which the employee reasonably 
believes evidences— 
‘‘(1) a violation of any law, rule, or regulation, 
except for an alleged violation that occurs during the 
conscientious carrying out of official duties; or 
‘‘(2) mismanagement, a gross waste of funds, 
an abuse of authority, or a substantial and specific 
danger to public health or safety. 
‘‘(c) ENFORCEMENT.—The President shall provide 
for the enforcement of this section in a manner consistent 
with applicable provisions of sections 1214 and 1221. 
‘‘(d) EXISTING RIGHTS PRESERVED.—Nothing in 
this section shall be construed to— 
‘‘(1) preempt or preclude any employee, or ap-
plicant for employment, at the Federal Bureau of 
Investigation from exercising rights currently pro-
vided under any other law, rule, or regulation, in-
cluding section 2303; 
‘‘(2) repeal section 2303; or 
‘‘(3) provide the President or Director of Na-
tional Intelligence the authority to revise regulations 
related to section 2303, codified in part 27 of the 
Code of Federal Regulations.’’. 
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(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-
uals who challenge in good faith a determina-
tion to suspend or revoke a security clearance 
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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 
the policies and procedures described in paragraph (7) 
have been established for the agency or the Director of 
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