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

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. 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 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 does not include the Federal Bureau of Investigation. an appointment; a promotion; a disciplinary or corrective action; a detail, transfer, or reassignment; a demotion, suspension, or termination; a reinstatement or restoration; a performance evaluation; a decision concerning pay, benefits, or awards; 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 any other significant change in duties, responsibilities, or working conditions. The term “contractor employee” means an employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, of a covered intelligence community element. a violation of any Federal law, rule, or regulation; or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; subsections (b)(1), (e), and (h) of section 416 of title 5 ; subparagraphs (A), (D), and (H) of section 3517(d)(5) of this title ; or subparagraphs (A), (D), and (I) of section 3033(k)(5) of this title ; or the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation; testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in subparagraph (A); or 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. 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 mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; subsections (b)(1), (e), and (h) of section 416 of title 5 ; subparagraphs (A), (D), and (H) of section 3517(d)(5) of this title ; or subparagraphs (A), (D), and (I) of section 3033(k)(5) of this title ; or the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation; testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in clause (i); or 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. 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. the withholding of information from Congress; or the taking of any personnel action against an employee who lawfully discloses information to Congress. 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); the disclosure revealed information that had been previously disclosed; the disclosure was not made in writing; the disclosure was made while the employee was off duty; of the amount of time which has passed since the occurrence of the events described in the disclosure; or the disclosure was made during the normal course of duties of an employee or contractor employee. 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 . 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 repeal section 2303 of title 5 . 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 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 does not include the Federal Bureau of Investigation. 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. 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 (b) to the congressional intelligence committees. section 1609 of title 10 , United States Code; the authority of the Director of National Intelligence under section 102A( l ) of the National Security Act of 1947 ( 50 U.S.C. 3024(m) [now 50 U.S.C. 3024 ( l )]), if the Director determines that the termination is in the interest of the United States; 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 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 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.”