Prohibition against disclosure of whistleblower identity as act of reprisal

(a) In general Section 1104(a) of the National Security Act of 1947 (50 U.S.C. 3234(a)) is amended— (1) in paragraph (3)— (A) in subparagraph (I), by striking; or and inserting a semicolon; (B) by redesignating subparagraph (J) as subparagraph (K); and (C) by inserting after subparagraph (I) the following: (J) an unauthorized whistleblower identity disclosure; or; and (2) by adding at the end the following: (5) Unauthorized whistleblower identity disclosure The term unauthorized whistleblower identity disclosure means, with respect to an employee or a contractor employee described in paragraph (3), a knowing and willful disclosure revealing the identity or other personally identifiable information of the employee or contractor employee so as to identify the employee or contractor employee as an employee or contractor employee who has made a lawful disclosure described in subsection (b) or (c), but does not include such a knowing and willful disclosure that meets any of the following criteria: (A) Such disclosure was made with the express consent of the employee or contractor employee. (B) Such disclosure was made during the course of reporting or remedying the subject of the lawful disclosure of the whistleblower through management, legal, or oversight processes, including such processes relating to human resources, equal opportunity, security, or an Inspector General. (C) An Inspector General with oversight responsibility for the relevant covered intelligence community element determines that such disclosure— (i) was unavoidable under section 103H(g)(3)(A)(i) of this Act (50 U.S.C. 3033(g)(3)(A)(i)), section 17(e)(3)(A)(i) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(e)(3)(A)(i)), section 407(b) of title 5, United States Code, or section 420(b)(2)(B) of such title; (ii) was made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken; or (iii) was required by statute or an order from a court of competent jurisdiction.. (b) Private right of action for unlawful disclosure of whistleblower identity Subsection (f) of such section is amended to read as follows: (f) Enforcement (1) In general Except as otherwise provided in this subsection, the President shall provide for the enforcement of this section. (2) Harmonization with other enforcement To the fullest extent possible, the President shall provide for enforcement of this section in a manner that is consistent with the enforcement of section 2302(b)(8) of title 5, United States Code, especially with respect to policies and procedures used to adjudicate alleged violations of such section. (3) Private right of action for disclosures of whistleblower identity in violation of prohibition against reprisals Subject to paragraph (4), in a case in which an employee of an agency takes a personnel action described in subsection (a)(3)(J) against an employee of a covered intelligence community element as a reprisal in violation of subsection (b) or in a case in which an employee or contractor employee takes a personnel action described in subsection (a)(3)(J) against another contractor employee as a reprisal in violation of subsection (c), the employee or contractor employee against whom the personnel action was taken may, consistent with section 1221 of title 5, United States Code, bring a private action for all appropriate remedies, including injunctive relief and compensatory and punitive damages, in an amount not to exceed $250,000, against the agency of the employee or contracting agency of the contractor employee who took the personnel action, in a Federal district court of competent jurisdiction. (4) Requirements (A) Review by Inspector General and by external review panel Before the employee or contractor employee may bring a private action under paragraph (3), the employee or contractor employee shall exhaust administrative remedies by— (i) first, obtaining a disposition of their claim by requesting review by the appropriate inspector general; and (ii) second, if the review under clause (i) does not substantiate reprisal, by submitting to the Inspector General of the Intelligence Community a request for a review of the claim by an external review panel under section 1106. (B) Period to bring action The employee or contractor employee may bring a private right of action under paragraph (3) during the 180-day period beginning on the date on which the employee or contractor employee is notified of the final disposition of their claim under section 1106..