[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3829 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3829

   To amend the Central Intelligence Agency Act of 1949 to provide a 
process for agency employees to submit urgent concerns to Congress, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 1998

 Mr. Goss (for himself, Mr. Bass, Mr. Boehlert, Mr. Young of Florida, 
Mr. Lewis of California, Mr. Gibbons, and Mr. McCollum) introduced the 
  following bill; which was referred to the Committee on Intelligence 
  (Permanent Select), and in addition to the Committee on Government 
Reform and Oversight, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend the Central Intelligence Agency Act of 1949 to provide a 
process for agency employees to submit urgent concerns to 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 Whistleblower 
Protection Act of 1998''.

SEC. 2. PROTECTION OF INTELLIGENCE COMMUNITY EMPLOYEES WHO REPORT 
              URGENT CONCERNS TO CONGRESS.

    (a) Inspector General of the Central Intelligence Agency.--
Subsection (d) of section 17 of the Central Intelligence Agency Act of 
1949 (50 U.S.C. 403q) is amended by adding at the end the following new 
paragraph:
    ``(5)(A) An employee of the Agency, or of a contractor to the 
Agency, who wishes to report to Congress a complaint or information 
with respect to an urgent concern shall report to the Inspector 
General. If an employee who makes such a report requests 
confidentiality, the Inspector General may not, except as provided in 
subsection (e)(3)(A), disclose the identity of the employee. This 
paragraph describes the sole process for employees of the Agency, or of 
contractors to the Agency, to submit to Congress complaints or 
information with respect to an urgent concern.
    ``(B) Within the 60-calendar day period beginning on the day of 
receipt from an employee under subparagraph (A) of a complaint or 
information with respect to an urgent concern, the Inspector General 
shall determine whether the complaint or information appears credible. 
If the Inspector General determines that the complaint or information 
appears credible, the Inspector General within such period shall 
transmit the complaint or information to the Director and notify the 
employee of the Inspector General's action.
    ``(C) Except as provided in subparagraph (E), the Director shall, 
within 7 calendar days after receipt of the transmittal from the 
Inspector General under subparagraph (B), forward such transmittal to 
the intelligence committees together with any comments the Director 
considers appropriate.
    ``(D) If the Inspector General does not transmit, or does not 
accurately transmit, the complaint or information described in 
subparagraph (B), the employee may, subject to subparagraph (E) and 
with the protections of subsections (e)(3)(A) and (B), contact the 
intelligence committees directly to submit the complaint or 
information, only if the employee--
            ``(i) furnishes to the Director, through the Inspector 
        General, a statement of the employee's complaint or information 
        and notice of the employee's intent to contact the intelligence 
        committees directly; and
            ``(ii) obtains and follows direction from the Director, 
        through the Inspector General, on how to contact the 
        intelligence committees in accordance with appropriate security 
        practices.
    ``(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 intelligence committees the Inspector 
General's transmittal submitted under subparagraph (B), or not allow 
the employee to contact the intelligence committees under subparagraph 
(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 deficiency 
                relating to the administration or operations of an 
                intelligence activity involving classified information;
                    ``(II) a false statement to Congress on an issue of 
                material fact relating to the administration 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 action 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 
                evaluation; pay, benefits, awards, or education or 
                training if the education or training may reasonably be 
                expected to lead to an appointment, promotion, 
                performance evaluation, or other action within this 
                subparagraph; being subject to an extraordinary order 
                for psychiatric testing or examination; or duties, 
                responsibilities, or working 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 Committee 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 Inspectors General of the 
Intelligence Community.--
            (1) In general.--The Inspector General Act of 1978 (5 
        U.S.C. App.) is amended by redesignating section 8H as section 
        8I and by inserting after section 8G the following new section:
    ``Sec. 8H. (a)(1)(A) Employees of the Defense Intelligence Agency, 
the National Imagery and Mapping Agency, 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 Inspector General 
of the Department of Defense (or designee);
    ``(B) Employees of the Federal Bureau of Investigation, 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 executive 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 activities, 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 requests 
confidentiality, the Inspector General (or designees) may not, except 
as provided in section 7(b), disclose the identity of the employee.
    ``(4) This section describes the sole process for employees 
described in paragraph (1) to submit complaints or information with 
respect to an urgent concern to Congress.
    ``(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 appears 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 pursuant 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 
employee--
            ``(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 committees directly; and
            ``(2) obtains and follows direction from the head of the 
        establishment, through the Inspector General, on how to contact 
        the intelligence committees in accordance with appropriate 
        security practices.
    ``(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 deficiency 
                relating to the administration or operations of an 
                intelligence activity involving classified information;
                    ``(B) a false statement to Congress on an issue of 
                material fact relating to the administration 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 action 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 
                evaluation; pay, benefits, awards, or education or 
                training if the education or training may reasonably be 
                expected to lead to an appointment, promotion, 
                performance evaluation, or other action within this 
                subparagraph; being subject to an extraordinary order 
                for psychiatric testing or examination; or duties, 
                responsibilities, or working 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 Committee 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 inserting ``8E, or 8H''.
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