[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2715 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2715

 To amend section 2302 of title 5, United States Code, to include the 
   suspension or revocation of access to classified information as a 
               personnel action, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2016

Mrs. McCaskill introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend section 2302 of title 5, United States Code, to include the 
   suspension or revocation of access to classified information as a 
               personnel action, 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 ``National Security Whistleblower 
Protection Act of 2016''.

SEC. 2. SUSPENSION OR REVOCATION OF ACCESS TO CLASSIFIED INFORMATION.

    (a) In General.--Section 2302(a)(2)(A) of title 5, United States 
Code, is amended--
            (1) in clause (xi), by striking ``and'' at the end;
            (2) by redesignating clause (xii) as clause (xiii); and
            (3) by inserting after clause (xi) the following:
                    ``(xii) the suspension or revocation of access to 
                classified information; and''.
    (b) Application to FBI.--Section 2303(a) of title 5, United States 
Code, is amended in the matter following paragraph (2), by inserting 
``or clause (xii)'' after ``clauses (i) through (x)''.
    (c) Report by Inspector General of the Department of Defense.--
            (1) Definitions.--In this subsection--
                    (A) the term ``employee'' includes an employee of a 
                contractor of the Department of Defense;
                    (B) the term ``Inspector General'' means the 
                Inspector General of the Department of Defense; and
                    (C) the term ``whistleblowing'' means--
                            (i) making a disclosure described in 
                        section 2302(b)(8) of title 5, United States 
                        Code; or
                            (ii) taking an action described in 
                        subparagraph (A)(i), (B), (C), or (D) of 
                        section 2302(b)(9) of title 5, United States 
                        Code.
            (2) Report.--
                    (A) Initial report.--Not later than 1 year after 
                the date of enactment of this Act, the Inspector 
                General shall submit to Congress a report that provides 
                the information described in subparagraph (C) for the 
                5-year period ending on the date of enactment of this 
                Act.
                    (B) Inclusion in semiannual report.--In each 
                semiannual report submitted to Congress by the 
                Inspector General under section 5(a) of the Inspector 
                General Act of 1978 (5 U.S.C. App.) after the date on 
                which the report under subparagraph (A) is submitted, 
                the Inspector General shall include the information 
                described in subparagraph (C) for the period covered by 
                the report.
                    (C) Information.--
                            (i) In general.--The information described 
                        in this subparagraph is, for each category of 
                        employee described in clause (ii)--
                                    (I) the number of allegations 
                                received by the Inspector General 
                                (which shall include separately the 
                                number of contacts to the hotline of 
                                the Inspector General) in which an 
                                employee asserts that the access to 
                                classified information of the employee 
                                was suspended or revoked in retaliation 
                                for whistleblowing;
                                    (II) the number of allegations 
                                described in subclause (I) that were 
                                closed by the Inspector General before 
                                a full investigation was conducted;
                                    (III) the number of allegations 
                                described in subclause (I) for which a 
                                full investigation was conducted by the 
                                Inspector General;
                                    (IV) the number of allegations 
                                described in subclause (I) in which the 
                                Inspector General determined that the 
                                access to classified information of the 
                                employee was suspended or revoked in 
                                retaliation for whistleblowing;
                                    (V) the number of investigations of 
                                allegations described in subclause (I) 
                                that were conducted by a component of 
                                the Department of Defense other than 
                                the Office of the Inspector General and 
                                a description of the oversight of the 
                                investigation by the Inspector General;
                                    (VI) the number of investigations 
                                of allegations described in subclause 
                                (I) that, upon appeal, were returned by 
                                the Inspector General of the 
                                Intelligence Community as defective;
                                    (VII) a description of the remedial 
                                measures taken relating to allegations 
                                described in subclause (I); and
                                    (VIII) a description of the 
                                disciplinary actions taken against 
                                individuals who suspended or revoked 
                                the access to classified information of 
                                an employee in retaliation for 
                                whistleblowing.
                            (ii) Categories of employees.--The 
                        categories of employees described in this 
                        clause are the following:
                                    (I) Employees of the Department of 
                                Defense in the civil service, as 
                                defined in section 2101(1) of title 5, 
                                United States Code.
                                    (II) Employees of nonappropriated 
                                fund instrumentalities of the 
                                Department.
                                    (III) Members of the regular 
                                components of the Armed Forces.
                                    (IV) Members of the Army National 
                                Guard of the United States and Air 
                                National Guard of the United States on 
                                active duty.
                                    (V) Employees of contractors of the 
                                Department.
                                    (VI) Any other category of 
                                employees not included under clauses 
                                (I) through (V), which shall be 
                                described by the Inspector General in 
                                the applicable report.
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