Title: Intelligence Community Congressional Whistleblowing Improvement Act
Policy area: Armed Forces and National Security

Summary:
Intelligence Community Congressional Whistleblowing Improvement Act
This bill expands protections for whistleblowers who are employed by a covered agency in the intelligence community (or by a contractor of such an agency) to apply to protected disclosures made to any Member of Congress. Currently, when a protected disclosure is made to Congress, whistleblower protections generally apply only if the disclosure was made to a congressional intelligence committee or to a member of such a committee.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9025 Introduced in House (IH)]

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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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intelligence Community Congressional 
Whistleblowing Improvement Act''.

SEC. 2. PROTECTED DISCLOSURES MADE TO MEMBERS OF CONGRESS BY 
              INTELLIGENCE COMMUNITY WHISTLEBLOWERS.

    (a) Disclosures to Members Under National Security Act of 1947.--
            (1) Disclosures to members.--Section 103H(k)(5) of the 
        National Security Act of 1947 (50 U.S.C. 3033(k)(5)) is 
        amended--
                    (A) in subparagraph (C), by inserting ``or any 
                Member of Congress designated by the employee who 
                submits the complaint or information under subparagraph 
                (A)'' after ``committees'';
                    (B) in subparagraph (D)--
                            (i) in clauses (i) and (ii), by inserting 
                        ``, or any Member of Congress,'' after 
                        ``committees'' each place it appears; and
                            (ii) in clause (iii)--
                                    (I) by striking ``A member or 
                                employee of one of the congressional 
                                intelligence committees'' and inserting 
                                ``A Member of Congress, including any 
                                Member of one of the congressional 
                                intelligence committees, or an employee 
                                of such a committee''; and
                                    (II) by striking ``member'' each 
                                place it appears and inserting 
                                ``Member'';
                    (C) in subparagraph (I), by striking ``any member'' 
                and inserting ``any Member of Congress, including any 
                Member''; and
                    (D) by adding at the end the following new 
                subparagraph:
    ``(J) In this paragraph, the term `Member of Congress' means a 
member of the Senate or the House of Representatives, a Delegate to the 
House of Representatives, and the Resident Commissioner from Puerto 
Rico.''.
            (2) Prohibited personnel actions.--Section 1104 of such Act 
        (50 U.S.C. 3234) is amended--
                    (A) in subsection (a), by adding at the end the 
                following new paragraph:
            ``(5) Member of congress.--The term `Member of Congress' 
        has the meaning given such term in section 103H(k)(5)(J) of 
        this Act.''; and
                    (B) in subsections (b) and (c), by striking ``a 
                member'' and inserting ``a Member of Congress, 
                including any Member'' each place it appears.
    (b) Disclosures to Members Under Central Intelligence Agency Act of 
1949.--Section 17(d)(5) of the Central Intelligence Agency Act of 1949 
(50 U.S.C. 3517(d)(5)) is amended--
            (1) in subparagraph (C), by inserting ``or any Member of 
        Congress designated by the employee who submits the complaint 
        or information under subparagraph (A)'' after ``committees'';
            (2) in subparagraph (D)--
                    (A) in clauses (i) and (ii), by inserting ``, or 
                any Member of Congress,'' after ``committees'' each 
                place it appears; and
                    (B) in clause (iii)--
                            (i) by striking ``A member or employee of 
                        one of the intelligence committees'' and 
                        inserting ``A Member of Congress, including any 
                        Member of one of the intelligence committees, 
                        or an employee of such a committee''; and
                            (ii) by striking ``member'' each place it 
                        appears and inserting ``Member'';
            (3) in subparagraph (G), by adding at the end the following 
        new clause:
                            ``(iii) The term `Member of Congress' means 
                        a member of the Senate or the House of 
                        Representatives, a Delegate to the House of 
                        Representatives, and the Resident Commissioner 
                        from Puerto Rico.''; and
            (4) in subparagraph (H), by striking ``any member'' and 
        inserting ``any Member of Congress, including any Member''.
    (c) Disclosures to Members Under Additional Provisions.--Section 8H 
of the Inspector General Act of 1978 (5 U.S.C. App. 8H) is amended--
            (1) in subsection (c), by inserting ``or any Member of 
        Congress designated by the employee who submits the complaint 
        or information under subparagraph (A)'' after ``committees'';
            (2) in subsection (d)--
                    (A) in paragraphs (1) and (2), by inserting ``, or 
                any Member of Congress,'' after ``committees'' in each 
                place it appears; and
                    (B) in paragraph (3)--
                            (i) by striking ``A member or employee of 
                        one of the intelligence committees'' and 
                        inserting ``A Member of Congress, including any 
                        Member of one of the intelligence committees, 
                        or an employee of such a committee''; and
                            (ii) by striking ``member'' each place it 
                        appears and inserting ``Member'';
            (3) in subsection (g), by striking ``any member'' and 
        inserting ``any Member of Congress, including any Member''; and
            (4) in subsection (h), by adding at the end the following 
        new paragraph:
            ``(3) The term `Member of Congress' means a member of the 
        Senate or the House of Representatives, a Delegate to the House 
        of Representatives, and the Resident Commissioner from Puerto 
        Rico.''.
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