50 U.S.C. § 3234 — Prohibited personnel practices in the intelligence community

submitted 79 years ago by Pub. L. 113-126 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 1,360 words · no verdicts yet

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This section protects intelligence-community and contractor employees from personnel reprisals for specified lawful disclosures, appeals, testimony, and inspector-general cooperation. It defines covered entities and actions, preserves FBI rights, and requires presidential enforcement.

(a) Definitions. (1) “Agency” means an executive department or independent establishment under sections 101 and 104 of title 5 that contains an intelligence-community element, except the FBI. (2) “Covered intelligence community element” means the CIA, DIA, NGA, NSA, ODNI, NRO, and any executive agency or unit the President determines has foreign-intelligence or counterintelligence work as its principal function; it does not include the FBI. (3) “Personnel action” means, for an employee in a covered element position other than a position excepted from competitive service because of its confidential or policy character, or for a contractor employee: an appointment, promotion, discipline or correction, detail, transfer, reassignment, demotion, suspension, termination, reinstatement, restoration, performance evaluation, pay/benefit/award decision, education or training decision reasonably expected to lead to an appointment, promotion, or evaluation, or another significant change in duties, responsibilities, or working conditions. (4) “Contractor employee” means an employee of a contractor, subcontractor, grantee, subgrantee, or personal-services contractor of a covered element. (b) Agency employees. A covered-element or agency employee with authority to take, direct, recommend, or approve personnel actions may not take, fail to take, or threaten such an action against a covered-element employee as reprisal for (1) a lawful disclosure to the listed intelligence, inspector-general, supervisory, congressional, or committee recipients that the employee reasonably believes shows (A) a federal-law, rule, or regulation violation, or (B) mismanagement, gross waste, abuse of authority, or a substantial specific danger to public health or safety; (2) a lawful disclosure complying with the listed provisions of title 5 and this title; or (3), if it does not unlawfully reveal information an Executive order specifically requires to remain classified for national defense or foreign affairs, a lawful disclosure connected with (A) an appeal, complaint, or grievance right, (B) testimony or lawful assistance in exercising that right, or (C) cooperation with or disclosure to an agency inspector general during an audit, inspection, or investigation. (c) Contractor employees. (1) A covered-element or contracting/employing agency or contractor employee with personnel-action authority may not take, fail to take, or threaten such an action against a contractor employee as reprisal for (A) a lawful disclosure to the listed intelligence, inspector-general, supervisory, congressional, or committee recipients that reasonably appears to show (i) a federal-law, rule, or regulation violation, including unauthorized access to or sharing of classified information by another employee or contractor employee, or (ii) mismanagement, gross waste, abuse of authority, or a substantial specific danger to public health or safety; (B) a lawful disclosure complying with the listed provisions; or (C) a qualifying lawful disclosure connected with an appeal, complaint, grievance, testimony, assistance, or inspector-general cooperation, so long as it does not unlawfully reveal information specifically required to remain classified. (2) The action is prohibited even if an agency official requested it, unless the request is a nondiscretionary directive within that official’s authority. (d) Construction. Consistent with protecting intelligence sources and methods, subsections (b) and (c) do not authorize withholding information from Congress or taking personnel action against someone who lawfully discloses information to Congress. (e) Disclosures. A disclosure is not excluded because it was made to someone who participated in the suspected activity; repeated information previously disclosed; was oral rather than written; was made off duty; concerned events that happened long ago; or occurred during the employee’s normal duties. (f) Enforcement. The President must enforce this section as consistently as possible with the policies and procedures for alleged violations of section 2302(b)(8) of title 5. (g) Existing rights. This section does not prevent an FBI employee, contractor employee, or job applicant from using rights under another law, rule, or regulation, including section 2303 of title 5, and does not repeal section 2303.

the actual law source: uscode.house.gov ↗public domain

(a) Definitions

In this section:

(1) Agency

The term “agency” means an executive department or independent establishment, as defined under sections 101 and 104 of title 5, that contains an intelligence community element, except the Federal Bureau of Investigation.

(2) Covered intelligence community element

The term “covered intelligence community element”—

(A)

means—

(i)

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

(ii)

any executive agency or unit thereof determined by the President under section 2302(a)(2)(C)(ii) of title 5 to have as its principal function the conduct of foreign intelligence or counterintelligence activities; and

(B)

does not include the Federal Bureau of Investigation.

(3) Personnel action

The term “personnel action” means, with respect to an employee in a position in a covered intelligence community element (other than a position excepted from the competitive service due to its confidential, policy-determining, policymaking, or policy-advocating character) or a contractor employee—

(A)

an appointment;

(B)

a promotion;

(C)

a disciplinary or corrective action;

(D)

a detail, transfer, or reassignment;

(E)

a demotion, suspension, or termination;

(F)

a reinstatement or restoration;

(G)

a performance evaluation;

(H)

a decision concerning pay, benefits, or awards;

(I)

a decision concerning education or training if such education or training may reasonably be expected to lead to an appointment, promotion, or performance evaluation; or

(J)

any other significant change in duties, responsibilities, or working conditions.

(4) Contractor employee

The term “contractor employee” means an employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, of a covered intelligence community element.

(b) Agency employees

Any employee of a covered intelligence community element or an agency who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee of a covered intelligence community element as a reprisal for—

(1)

any lawful disclosure of information by the employee to the Director of National Intelligence (or an employee designated by the Director of National Intelligence for such purpose), the Inspector General of the Intelligence Community, 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 the head of the employing agency (or an employee designated by the head of that agency for such purpose), the appropriate inspector general of the employing agency or covered intelligence community element, a congressional intelligence committee, or a member of a congressional intelligence committee, which the employee reasonably believes evidences—

(A)

a violation of any Federal law, rule, or regulation; or

(B)

mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;

(2)

any lawful disclosure that complies with—

(A)

subsections (b)(1), (e), and (h) of section 416 of title 5;

(B)

subparagraphs (A), (D), and (H) of section 3517(d)(5) of this title; or

(C)

subparagraphs (A), (D), and (I) of section 3033(k)(5) of this title; or

(3)

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 affairs, any lawful disclosure in conjunction with—

(A)

the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation;

(B)

testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in subparagraph (A); or

(C)

cooperation with or disclosing information to the Inspector General of an agency, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General.

(1)

Any employee of an agency or of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, of a covered intelligence community element who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take, or threaten to take or fail to take, a personnel action with respect to any contractor employee as a reprisal for—

(A)

any lawful disclosure of information by the contractor employee to the Director of National Intelligence (or an employee designated by the Director of National Intelligence for such purpose), the Inspector General of the Intelligence Community, a supervisor in the contractor employee’s direct chain of command, or a supervisor of the employing or contracting agency or employing contractor with responsibility for the subject matter of the disclosure, up to and including the head of the employing or contracting agency (or an employee designated by the head of that agency for that purpose) or employing contractor, the appropriate inspector general of the employing or contracting agency or covered intelligence community element, a congressional intelligence committee, or a member of a congressional intelligence committee, which the contractor employee reasonably believes evidences—

(i)

a violation of any Federal law, rule, or regulation (including with respect to evidence of another employee or contractor employee accessing or sharing classified information without authorization); or

(ii)

mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;

(B)

any lawful disclosure that complies with—

(i)

subsections (b)(1), (e), and (h) of section 416 of title 5;

(ii)

subparagraphs (A), (D), and (H) of section 3517(d)(5) of this title; or

(iii)

subparagraphs (A), (D), and (I) of section 3033(k)(5) of this title; or

(C)

if the actions do not result in the contractor employee unlawfully disclosing information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, any lawful disclosure in conjunction with—

(i)

the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation;

(ii)

testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in clause (i); or

(iii)

(2)

A personnel action under paragraph (1) is prohibited even if the action is undertaken at the request of an agency official, unless the request takes the form of a nondiscretionary directive and is within the authority of the agency official making the request.

(d) Rule of construction

Consistent with the protection of intelligence sources and methods, nothing in subsection (b) or (c) shall be construed to authorize—

(1)

the withholding of information from Congress; or

(2)

the taking of any personnel action against an employee who lawfully discloses information to Congress.

(e) Disclosures

A disclosure shall not be excluded from this section because—

(1)

the disclosure was made to an individual, including a supervisor, who participated in an activity that the employee reasonably believed to be covered under subsection (b)(1)(B) or the contractor employee reasonably believed to be covered under subsection (c)(1)(A)(ii);

(2)

the disclosure revealed information that had been previously disclosed;

(3)

the disclosure was not made in writing;

(4)

the disclosure was made while the employee was off duty;

(5)

of the amount of time which has passed since the occurrence of the events described in the disclosure; or

(6)

the disclosure was made during the normal course of duties of an employee or contractor employee.

(f) Enforcement

The President shall provide for the enforcement of this section consistent, to the fullest extent possible, with the policies and procedures used to adjudicate alleged violations of section 2302(b)(8) of title 5.

(g) Existing rights preserved

Nothing in this section shall be construed to—

(1)

preempt or preclude any employee, contractor employee, or applicant for employment, at the Federal Bureau of Investigation from exercising rights provided under any other law, rule, or regulation, including section 2303 of title 5; or

(2)

repeal section 2303 of title 5.

Source credit: (July 26, 1947, ch. 343, title XI, § 1104, as added Pub. L. 113–126, title VI, § 601(a), July 7, 2014, 128 Stat. 1414; amended Pub. L. 115–118, title I, § 110(a), Jan. 19, 2018, 132 Stat. 15; Pub. L. 117–103, div. X, title V, § 501(a), (d)(2), (e)(1), (f), (g), Mar. 15, 2022, 136 Stat. 981–984; Pub. L. 117–263, div. F, title LXVI, § 6608, title LXVIII, § 6824(a)(8), Dec. 23, 2022, 136 Stat. 3559, 3615; Pub. L. 118–159, div. F, title LXVII, § 6703, title LXIX, § 6902(a)(4), Dec. 23, 2024, 138 Stat. 2515, 2517.)

history & why it existsrecord from the source credit

1947Enacted · Pub. L. 113-126 · 128 Stat. 1414
2018Amended · Pub. L. 115-118 · 132 Stat. 15
2022Amended · Pub. L. 117-103 · 136 Stat. 981
2022Amended · Pub. L. 117-263 · 136 Stat. 3559, 3615
2024Amended · Pub. L. 118-159 · 138 Stat. 2515, 2517

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-126 on 1947-07-26.

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