‘‘(I) the Committee on Homeland 
Security and Government Affairs of 
the Senate; 
‘‘(II) the Select Committee on In-
telligence of the Senate; 
‘‘(III) the Committee on Over-
sight and Government Reform of the 
House of Representatives; 
‘‘(IV) the Permanent Select Com-
mittee on Intelligence of the House of 
Representatives; and 
‘‘(V) the committees of the Sen-
ate and the House of Representatives 
that have jurisdiction over the employ-
ing agency, including in the case of a 
final order or decision of the Defense 
Intelligence 
Agency, 
the 
National 
Geospatial-Intelligence 
Agency, 
the 
National Security Agency, or the Na-
tional 
Reconnaissance 
Office, 
the 
Committee on Armed Services of the 
Senate and the Committee on Armed 
Services of the House of Representa-
tives. 
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‘‘(ii) 
RECOMMENDATIONS.—If 
the 
agency head and the head of the entity se-
lected under subsection (b) do not follow 
the Board’s recommendation to reinstate a 
clearance, the head of the entity selected 
under subsection (b) shall notify the com-
mittees described in subclauses (I) through 
(V) of clause (i). 
‘‘(6) JUDICIAL REVIEW.—Nothing in this sec-
tion shall be construed to permit or require judicial 
review of any— 
‘‘(A) agency action under this section; or 
‘‘(B) action of the appellate review board 
established under section 204 of the Whistle-
blower Protection Enhancement Act of 2011 
Platts-Van Hollen Whistleblower Protection En-
hancement Act of 2011. 
‘‘(7) PRIVATE CAUSE OF ACTION.—Nothing in 
this section shall be construed to permit, authorize, 
or require a private cause of action to challenge the 
merits of a security clearance determination.’’. 
(c) ACCESS
DETERMINATION
DEFINED.—Section 
3001(a) of the Intelligence Reform and Terrorism Preven-
tion Act of 2004 (50 U.S.C. 435b(a)) is amended by add-
ing at the end the following: 
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‘‘(9) The term ‘access determination’ means the 
process for determining whether an employee— 
‘‘(A) is eligible for access to classified in-
formation in accordance with Executive Order 
12968 (60 Fed. Reg. 40245; relating to access 
to classified information), or any successor 
thereto, and Executive Order 10865 (25 Fed. 
Reg. 1583; relating to safeguarding classified 
information with industry); and 
‘‘(B) possesses a need to know under that 
Order.’’. 
(d) RULE OF CONSTRUCTION.—Nothing in section 
3001 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (50 U.S.C. 435b), as amended by this Act, 
shall be construed to require the repeal or replacement of 
agency appeal procedures implementing Executive Order 
12968 (60 Fed. Reg. 40245; relating to classified national 
security information), or any successor thereto, and Exec-
utive Order 10865 (25 Fed. Reg. 1583; relating to safe-
guarding classified information with industry), or any suc-
cessor thereto, that meet the requirements of section 
3001(b)(7) of such Act, as so amended. 
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SEC. 203. REVISIONS RELATING TO THE INTELLIGENCE 
COMMUNITY WHISTLEBLOWER PROTECTION 
ACT. 
(a) IN GENERAL.—Section 8H of the Inspector Gen-
eral Act of 1978 (5 U.S.C. App.) is amended— 
(1) in subsection (b)— 
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(B) by adding at the end the following: 
‘‘(2) If the head of an establishment determines that 
a complaint or information transmitted under paragraph 
(1) would create a conflict of interest for the head of the 
establishment, the head of the establishment shall return 
the complaint or information to the Inspector General with 
that determination and the Inspector General shall make 
the transmission to the Director of National Intelligence. 
In such a case, the requirements of this section for the 
head of the establishment apply to the recipient of the In-
spector General’s transmission. The Director of National 
Intelligence shall consult with the members of the appel-
late review board established under section 204 of the 
Whistleblower Protection Enhancement Review Platts-Van 
Hollen Whistleblower Protection Enhancement Act of 2011 
regarding all transmissions under this paragraph.’’; 
(2) by designating redesignating subsection (h) 
as subsection (i); and 
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(3) by inserting after subsection (g), the fol-
lowing: 
‘‘(h) An individual who has submitted a complaint or 
information to an Inspector General under this section 
may notify any member of Congress or congressional staff 
member of the fact that such individual has made a sub-
mission to that particular Inspector General, and of the 
date on which such submission was made.’’. 
(b) CENTRAL
INTELLIGENCE
AGENCY.—Section 
17(d)(5) of the Central Intelligence Agency Act of 1949 
(50 U.S.C. 403q) is amended— 
(1) in subparagraph (B)— 
(A) by inserting ‘‘(i)’’ after ‘‘(B)’’; and 
(B) by adding at the end the following: 
‘‘(ii) If the Director determines that a complaint or 
information transmitted under paragraph (1) would create 
a conflict of interest for the Director, the Director shall 
return the complaint or information to the Inspector Gen-
eral with that determination and the Inspector General 
shall make the transmission to the Director of National 
Intelligence. In such a case the requirements of this sub-
section for the Director apply to the recipient of the In-
spector General’s submission; and submission.’’; and 
(2) by adding at the end the following: 
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‘‘(H) An individual who has submitted a complaint 
or information to the Inspector General under this section 
may notify any member of Congress or congressional staff 
member of the fact that such individual has made a sub-
mission to the Inspector General, and of the date on which 
such submission was made.’’. 
SEC. 204. REGULATIONS; REPORTING REQUIREMENTS; 
NONAPPLICABILITY 
TO 
CERTAIN 
TERMI-
NATIONS. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘congressional oversight commit-
tees’’ means— 
(A) the Committee on Homeland Security 
and Government Affairs of the Senate; 
(B) the Select Committee on Intelligence 
of the Senate; 
(C) the Committee on Oversight and Gov-
ernment Reform of the House of Representa-
tives; and 
(D) the Permanent Select Committee on 
Intelligence of the House of Representatives; 
and 
(2) the term ‘‘intelligence community ele-
ment’’— 
(A) means— 
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(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 
(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. 
(b) REGULATIONS.— 
(1) IN GENERAL.—The Director of National In-
telligence shall prescribe regulations to ensure that 
a personnel action shall not be taken against an em-
ployee of an intelligence community element as a re-
prisal for any disclosure of information described in 
section 2303a(b) of title 5, United States Code, as 
added by this Act. 
(2) APPELLATE
REVIEW
BOARD.—Not later 
than 180 days after the date of enactment of this 
Act, the Director of National Intelligence, in con-
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sultation with the Secretary of Defense, the Attor-
ney General, and the heads of appropriate agencies, 
shall establish an appellate review board that is 
broadly representative of affected Departments and 
agencies and is made up of individuals with expertise 
in merit systems principles and national security 
issues— 
(A) to hear whistleblower appeals related 
to security clearance access determinations de-
scribed in section 3001(j) of the Intelligence 
Reform and Terrorism Prevention Act of 2004 
(50 U.S.C. 435b), as added by this Act; and 
(B) that shall include a subpanel that re-
flects the composition of the intelligence com-
mittee, which shall be composed of intelligence 
community elements and inspectors general 
from intelligence community elements, for the 
purpose of hearing cases that arise in elements 
of the intelligence community. 
(c) REPORT ON THE STATUS OF IMPLEMENTATION 
OF REGULATIONS.—Not later than 2 years after the date 
of enactment of this Act, the Director of National Intel-
ligence shall submit a report on the status of the imple-
mentation of the regulations promulgated under sub-
section (b) to the congressional oversight committees. 
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(d) 
NONAPPLICABILITY
TO
CERTAIN
TERMI-
NATIONS.—Section 2303a of title 5, United States Code, 
as added by this Act, and section 3001 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 
435b), as amended by this Act, shall not apply to adverse 
security clearance or access determinations if the affected 
employee is concurrently terminated under— 
(1) section 1609 of title 10, United States 
Code; 
(2) the authority of the Director of National In-
telligence under section 102A(m) of the National Se-
curity Act of 1947 (50 U.S.C. 403–1(m)), if— 
(A) the Director personally summarily ter-
minates the individual; and 
(B) the Director— 
(i) determines the termination to be in 
the interest of the United States; 
(ii) determines that the procedures 
prescribed in other provisions of law that 
authorize the termination of the employ-
ment of such employee cannot be invoked 
in a manner consistent with the national 
security; and 
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(iii) not later than 5 days after such 
termination, 
notifies 
the 
congressional 
oversight committees of the termination; 
(3) the authority of the Director of the Central 
Intelligence Agency under section 104A(e) of the 
National Security Act of 1947 (50 U.S.C. 403– 
4a(e)), if— 
(A) the Director personally summarily ter-
minates the individual; and 
(B) the Director— 
(i) determines the termination to be in 
the interest of the United States; 
(ii) determines that the procedures 
prescribed in other provisions of law that 
authorize the termination of the employ-
ment of such employee cannot be invoked 
in a manner consistent with the national 
security; and 
(iii) not later than 5 days after such 
termination, 
notifies 
the 
congressional 
oversight committees of the termination; or 
(4) section 7532 of title 5, United States Code, 
if— 
(A) the agency head personally terminates 
the individual; and 
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(B) the agency head— 
(i) determines the termination to be in 
the interest of the United States; 
(ii) determines that the procedures 
prescribed in other provisions of law that 
authorize the termination of the employ-
ment of such employee cannot be invoked 
in a manner consistent with the national 
security; and 
(iii) not later than 5 days after such 
termination, 
notifies 
the 
congressional 
oversight committees of the termination. 
TITLE III—EFFECTIVE DATE; 
SAVINGS PROVISION 
SEC. 301. EFFECTIVE DATE. 
Except as otherwise provided in this Act, this Act 
shall take effect 30 days after the date of enactment of 
this Act. 
SEC. 302. SAVINGS PROVISION. 
Nothing in this Act shall be construed to imply any 
limitation on any protections afforded by any other provi-
sion of law to employees and applicants. 
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Union Calendar No. 504 
112TH CONGRESS 
2D SESSION 
H. R. 3289 
[Report No. 112–508, Part I] 
A BILL 
To amend title 5, United States Code, to provide 
clarification relating to disclosures of information 
protected from prohibited personnel practices; to 
require a statement in nondisclosure policies, 
forms, and agreements that such policies, forms, 
and agreements are in conformance with certain 
protections; to provide certain additional authori-
ties to the Office of Special Counsel; and for 
other purposes. 
OCTOBER 1, 2012 
The Committees on Select Committee on Intelligence 
(Permanent Select) and Homeland Security dis-
charged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
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