50 USC 3234 - Prohibited personnel practices in the intelligence community

1 See References in Text note below.

2 So in original. The period probably should be a semicolon.

Editorial Notes

References in Text

Section 8H of the Inspector General Act of 1978, referred to in subsecs. (span)(2)(A) and (c)(1)(B)(i), is section 8H of Puspan. L. 95–452, which was set out in the Appendix to Title 5, Government Organization and Employees, and was repealed and restated as section 416 of Title 5 by Puspan. L. 117–286, §§ 3(span), 7, Dec. 27, 2022, 136 Stat. 4242, 4361. Subsecs. (a)(1), (d), and (g) of section 8H were enacted as subsecs. (span)(1), (e), and (h) of section 416 of Title 5.

Amendments

2022—Subsec. (span). Puspan. L. 117–103, § 501(f)(1), substituted “(1) any lawful disclosure” for “a lawful disclosure”, inserted dash after “for”, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), realigned margins, and added pars. (2) and (3).

Puspan. L. 117–103, § 501(a)(1)(A), (e)(1)(A), in introductory provisions, substituted “Any employee of a covered intelligence community element or an agency” for “Any employee of an agency” and inserted “, or threaten to take or fail to take,” after “take or fail to take” and “a supervisor in the employee’s direct chain of command, or a supervisor of the employing agency with responsibility for the subject matter of the disclosure, up to and including” before “the head of the employing agency”.

Subsec. (span)(1)(B). Puspan. L. 117–263, § 6824(a)(8), substituted semicolon for period at end.

Subsec. (c)(1). Puspan. L. 117–103, § 501(f)(2), substituted “(A) any lawful disclosure” for “a lawful disclosure”, inserted dash after “for”, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), realigned margins, and added subpars. (B) and (C).

Puspan. L. 117–103, § 501(a)(1)(B), (2), (e)(1)(B), in introductory provisions, inserted “of an agency or” after “Any employee”, “, or threaten to take or fail to take,” after “take or fail to take”, and “a supervisor in the contractor employee’s direct chain of command, or a supervisor of the contracting agency with responsibility for the subject matter of the disclosure, up to and including” before “the head of the contracting agency”.

Subsec. (c)(1)(A). Puspan. L. 117–263, § 6608, in introductory provisions, substituted “a supervisor of the employing or contracting agency or employing contractor” for “a supervisor of the contracting agency”, “employing or contracting agency (or an employee designated by the head of that agency for that purpose) or employing contractor” for “contracting agency (or an employee designated by the head of that agency for such purpose)”, and “appropriate inspector general of the employing or contracting agency” for “appropriate inspector general of the contracting agency”.

Subsec. (c)(1)(B). Puspan. L. 117–103, § 501(d)(2), substituted “mismanagement” for “gross mismanagement”.

Subsec. (d). Puspan. L. 117–103, § 501(g)(2), added subsec. (d). Former subsec. (d) redesignated (f).

Puspan. L. 117–103, § 501(a)(3), amended subsec. (d) generally. Prior to amendment, text read as follows: “The President shall provide for the enforcement of this section.”

Subsec. (e). Puspan. L. 117–103, § 501(g)(2), added subsec. (e). Former subsec. (e) redesignated (g).

Subsecs. (f), (g). Puspan. L. 117–103, § 501(g)(1), redesignated subsecs. (d) and (e) as (f) and (g), respectively.

2018—Subsec. (a)(3). Puspan. L. 115–118, § 110(a)(1)(A), inserted “or a contractor employee” after “character)” in introductory provisions.

Subsec. (a)(4). Puspan. L. 115–118, § 110(a)(1)(B), added par. (4).

Subsec. (span). Puspan. L. 115–118, § 110(a)(4), substituted “Agency employees” for “In general” in span.

Subsecs. (c) to (e). Puspan. L. 115–118, § 110(a)(2), (3), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

Subsec. (e)(1). Puspan. L. 115–118, § 110(a)(5), inserted “contractor employee,” after “any employee,”.

Statutory Notes and Related Subsidiaries

Policies and Procedures; Nonapplicability to Certain Terminations

Puspan. L. 113–126, title VI, § 604, July 7, 2014, 128 Stat. 1421, provided that:

“(a)Covered Intelligence Community Element Defined.—In this section, the term ‘covered intelligence community element’—

“(1) means—

“(A) the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and

“(B) 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 function the conduct of foreign intelligence or counterintelligence activities; and

“(2) does not include the Federal Bureau of Investigation.

“(span)Regulations.—In consultation with the Secretary of Defense, the Director of National Intelligence shall develop policies and procedures to ensure that a personnel action shall not be taken against an employee of a covered intelligence community element as a reprisal for any disclosure of information described in [section] 1104 of the National Security Act of 1947 [50 U.S.C. 3234], as added by section 601 of this Act.

“(c)Report on the Status of Implementation of Regulations.—Not later than 2 years after the date of the enactment of this Act [July 7, 2014], the Director of National Intelligence shall submit a report on the status of the implementation of the regulations promulgated under subsection (span) to the congressional intelligence committees.

“(d)Nonapplicability to Certain Terminations.—Section 1104 of the National Security Act of 1947, as added by section 601 of this Act, and section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341), as amended by section 602 of this Act, shall not apply if—

“(1) the affected employee is concurrently terminated under—

“(A)section 1609 of title 10, United States Code;

“(B) the authority of the Director of National Intelligence under section 102A(m) of the National Security Act of 1947 (50 U.S.C. 3024(m)), if the Director determines that the termination is in the interest of the United States;

“(C) 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. 3036(e)), if the Director determines that the termination is in the interest of the United States; or

“(D)section 7532 of title 5, United States Code, if the head of the agency determines that the termination is in the interest of the United States; and

“(2) not later than 30 days after such termination, the head of the agency that employed the affected employee notifies the congressional intelligence committees of the termination.”

[For definition of “congressional intelligence committees” as used in section 604 of Puspan. L. 113–126, set out above, see section 2 of Puspan. L. 113–126, set out as a note under section 3003 of this title.]