,,ii #aaeth ,,congress #ast ,session ,s4 #bjjb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bd1 #bjag ,mrs4 ,mc,caskill introduced the following bill2 which was read twice and referred to the ,select ,committee on ,intelligence ,a ,,bill ,to amend the ,national ,security ,act of #aidg to provide whistleblower protections for employees of contractors of elements of the intelligence community1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ensuring ,protections for ,intelligence ,community ,contractor ,whistleblowers ,act of #bjag4 #b4 ,whistleblower protections for contractors and grantees of the intelligence community 7a7 ,in general ,title ,,xi of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cbca et seq47 is amended by adding at the end the following3 #aaje4 ,whistleblower protections for contractors and grantees of the intelligence community 7a7 ,definitions ,in this section3 7#a7 ,agency ,the term agency means an executive department or independent establishment 7as such terms are defined in sections #aja and #ajd of title #e1 ,united ,states ,code7 that contains an intelligence community element1 except for the ,federal ,bureau of ,investigation4 7#b7 ,applicant ,the term applicant means an individual who is applying to be an employee of a contractor1 subcontractor1 grantee or subgrantee4 7#c7 ,contract ,the term contract means a contract1 including a personal services contract1 awarded by the head of an agency4 7#d7 ,contractor ,the term contractor means an entity awarded a contract4 7#e7 ,covered intelligence community element ,the term covered intelligence community element means the ,central ,intelligence ,agency1 the ,defense ,intelligence ,agency1 the ,national ,geospatial-,intelligence ,agency1 the ,national ,security ,agency1 the ,office of the ,director of ,national ,intelligence1 and the ,national ,reconnaissance ,office4 7#f7 ,employee ,the term employee means an individual who is an officer or an employee of a contractor1 subcontractor1 grantee1 or subgrantee4 7#g7 ,former employee ,the term former employee means an individual who previously worked as an employee for a contractor1 subcontractor1 grantee1 or subgrantee4 7#h7 ,grant ,the term grant means a grant awarded by the head of an agency4 7#i7 ,grantee ,the term grantee means an entity that is awarded a grant4 7#aj7 ,inspector ,general ,except as otherwise specifically provided1 the term ,inspector ,general means the ,inspector ,general of the ,intelligence ,community appointed under section #ajc;,h or an ,inspector ,general appointed under the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 or section #ag of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceag74 7#aa7 ,protected disclosure ,the term protected disclosure means-- 7,a7 any lawful disclosure of information to an individual listed under subsection 7b77#b7 by an employee that the employee believes evidences-- 7i7 a violation of any ,federal law1 rule1 or regulation2 or 7ii7 gross mismanagement1 including of a contract or grant1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety2 and 7,b7 if the actions do not result in the employee unlawfully disclosing information specifically required by ,executive order to be kept classified in the interest of national defense or the conduct of foreign affairs1 any lawful disclosure in conjunction with-- 7i7 the exercise of any appeal1 complaint1 or grievance right granted by any law1 rule1 or regulation2 7ii7 testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in clause 7i72 or 7iii7 cooperation with or disclosing information to the ,inspector ,general of an agency1 in accordance with applicable provisions of law in connection with an audit1 inspection1 or investigation conducted by the ,inspector ,general4 7#ab7 ,personal services contractor ,the term personal services contractor means an individual awarded a contract with an agency4 7#ac7 ,subcontractor ,the term subcontractor means an entity that reaches an agreement with a contractor to fulfill any element of a contract4 7#ad7 ,subgrantee ,the term subgrantee means an entity that reaches an agreement with a grantee to fulfill any element of a grant4 7b7 ,prohibition of reprisals 7#a7 ,in general ,an employee1 applicant1 former employee1 or personal services contractor carrying out a contract1 subcontract1 grant1 or subgrant for an agency that contains a covered intelligence community element may not be discharged1 demoted1 or otherwise discriminated against because the employee1 applicant1 former employee1 or personal service contractor was perceived as making or about to make-- 7,a7 a protected disclosure2 or 7,b7 any lawful disclosure that complies with-- 7i7 subsections 7a77#a71 7d71 or 7h7 of section #h;,h of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app472 7ii7 subparagraphs 7,a71 7,d71 or 7,h7 of section #ag7;d77#e7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceag7;d77#e772 or 7iii7 subparagraphs 7,a71 7,d71 or 7,i7 of section #ajc;,h7k77#e74 7#b7 ,individuals described ,the individuals described in this paragraph are as follows3 7,a7 ,an ,inspector ,general4 7,b7 ,an authorized official of the ,department of ,justice or other ,federal law enforcement agency4 7,c7 ,a corporate management official or other individual who has the authority to investigate1 discover1 or address misconduct4 7,d7 ,the ,director of ,national ,intelligence4 7,e7 ,the head of the agency containing the covered intelligence community element that awarded the contract or grant4 7c7 ,investigation of complaints 7#a7 ,submission of complaint ,an employee1 applicant1 former employee1 or personal services contractor who believes that he or she has been subjected to a reprisal prohibited by subsection 7b7 may submit a complaint of such reprisal-- 7,a7 to the ,inspector ,general of the agency that awarded the contract or grant2 7,b7 in the case of a complaint-- 7i7 regarding a covered intelligence community element in the ,department of ,defense1 to the ,inspector ,general of the ,department of ,defense2 or 7ii7 submitted by an employee1 applicant1 former employee1 or personal services contractor who is a ,national ,intelligence ,program funded billet of a covered intelligence community element in the ,department of ,defense1 to-- 7,i7 the ,inspector ,general of the ,department of ,defense2 and 7,,ii7 7aa7 the head of the agency containing the covered intelligence community element that awarded the contract or grant2 or 7bb7 the ,investigator ,general of the ,intelligence ,community2 or 7,c7 to the ,inspector ,general of the ,intelligence ,community4 7#b7 ,determinations 7,a7 ,in general ,except as provided under subparagraph 7,b71 the ,inspector ,general who receives a complaint referred to in paragraph 7#a7 shall-- 7i7 make a determination that the complaint-- 7,i7 is frivolous2 7,,ii7 fails to allege a violation of the prohibition in subsection 7b72 or 7,,iii7 has previously been addressed in another ,federal or ,state judicial or administrative proceeding initiated by the complainant2 or 7ii7 shall investigate the complaint and1 upon completion of such investigation1 submit a report of the findings of the investigation to the employee1 applicant1 former employee1 or personal services contractor who submitted the complaint1 and the contractor1 subcontractor1 grantee1 or subgrantee concerned1 and the head of the agency that awarded the contract or grant not later than #ahj days after receiving the complaint4 7,b7 ,extension of time ,if the ,inspector ,general is unable to complete an investigation in time to submit a determination within the #ahj-;day period specified in subparagraph 7,a77ii7 and the employee1 applicant1 former employee1 or personal services contractor who submitted the complaint agrees to an extension of time1 the ,inspector ,general shall submit a report under subparagraph 7,a77ii7 within such additional period of time1 up to #ahj days1 as shall be agreed upon between the ,inspector ,general and the individual submitting the complaint4 7#c7 ,burdens of proof ,consistent with ,executive orders protecting information specifically required by ,executive order to be kept classified in the interest of national defense or the conduct of foreign affairs1 the legal burdens of proof specified in section #abba7;e7 of title #e1 ,united ,states ,code1 shall1 to the greatest extent possible1 be controlling for the purposes of any investigation conducted by an ,inspector ,general1 or a decision by the head of an agency to determine whether a reprisal prohibited by subsection 7b7 has occurred4 7#d7 ,submission to ,congress 7,a7 ,in general ,if the employee1 applicant1 former employee1 or personal services contractor wishes to submit to ,congress their complaint submitted under paragraph 7#a7 or if such a complaint is an urgent concern1 the ,inspector ,general who receives the complaint shall1 within #g calendar days of receipt of the complaint1 forward such transmittal to the congressional intelligence committees1 together with any comments the ,inspector ,general considers appropriate4 7,b7 ,submission by the employee ,if the ,inspector ,general does not forward the complaint as required by subparagraph 7,a71 the employee1 applicant1 former employee1 or personal services contractor 7subject to subparagraph 7,c77 may submit the complaint to ,congress by contacting either or both of the congressional intelligence committees directly4 7,c7 ,conditions ,the employee1 applicant1 former employee1 or personal services contractor may contact the congressional intelligence committees directly as described in subparagraph 7,b7 only if the employee1 applicant1 former employee1 or personal services contractor-- 7i7 before making such a contact1 furnishes to the head of the agency involved1 through an ,inspector ,general1 a statement of the complaint and notice of the intent to contact the intelligence committees directly2 and 7ii7 obtains and follows from the head of the agency involved1 through the ,inspector ,general1 direction on how to contact the congressional intelligence committees in accordance with appropriate security practices4 7,d7 ,official capacity ,a member or employee of one of the congressional intelligence committees who receives a complaint under this paragraph does so in that member or employee's official capacity as a member or employee of that committee4 7,e7 ,urgent concern defined ,in this paragraph1 the term urgent concern has the meaning given that term in section #h;,h of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app74 7d7 ,remedy and enforcement authority 7#a7 ,in general ,not later than #cj days after receiving an ,inspector ,general report pursuant to subsection 7c77#b77;,a77ii71 the head of the agency concerned shall determine whether there is sufficient basis to conclude that the employee1 applicant1 former employee1 or personal services contractor submitting the complaint was subject to a reprisal prohibited by subsection 7b7 and shall-- 7,a7 issue an order denying relief2 or 7,b7 order the agency concerned and the contractor1 subcontractor1 grantee1 or subgrantee-- 7i7 to take affirmative action to abate the reprisal2 7ii7 to reinstate the employee1 applicant1 former employee1 or personal services contractor to the position that the employee1 applicant1 former employee1 or personal services contractor held before the reprisal1 together with compensatory damages 7including back pay71 employment benefits1 and other terms and conditions of employment that would apply to the employee1 applicant1 former employee1 or personal services contractor in that position if the reprisal had not been taken2 or 7,c7 to pay the employee1 applicant1 former employee1 or personal services contractor an amount equal to the aggregate amount of all costs and expenses 7including attorneys' fees and expert witnesses' fees7 that were reasonably incurred by the employee1 applicant1 former employee1 or personal services contractor for1 or in connection with1 bringing the complaint regarding the reprisal1 as determined by the head of the agency4 7e7 ,notification ,the head of each agency containing a covered intelligence community element shall-- 7#a7 inform each contractor1 subcontractor1 grantee1 and subgrantee of such agency1 in writing1 of the remedies provided by this section2 and 7#b7 ensure that each contractor1 subcontractor1 grantee1 and subgrantee of such agency inform their employees and personal services contractors1 in writing1 of the remedies provided under this section4 7f7 ,no private cause of action ,nothing in this section shall be construed to permit1 authorize1 or require a private cause of action to challenge the merits of a determination by an ,inspector ,general under this section4 7g7 ,prohibition on waiver ,the remedies provided for in this section may not be waived by any agreement1 policy1 form1 or condition of employment4 4 7b7 ,table of contents amendment ,the table of contents in the first section of the ,national ,security ,act of #aidg is amended by adding at the end the following3 ,sec4 #aaje4 ,whistleblower protections for contractors and grantees of the intelligence community4 4