[Congressional Record Volume 161, Number 89 (Thursday, June 4, 2015)]
[Senate]
[Page S3821]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1739. Mrs. McCASKILL submitted an amendment intended to be 
proposed to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 
1735, to authorize appropriations for fiscal year 2016 for military 
activities of the Department of Defense and for military construction, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CONFLICT OF INTEREST CERTIFICATION FOR 
                   INVESTIGATIONS RELATING TO WHISTLEBLOWER 
                   RETALIATION.

       (a) Definition.--In this section--
       (1) the term ``covered employee'' means a whistleblower who 
     is an employee of the Department of Defense or a military 
     department, or an employee of a contractor, subcontractor, 
     grantee, or subgrantee thereof;
       (2) the term ``covered investigation'' means an 
     investigation carried out by an Inspector General of a 
     military department or the Inspector General of the 
     Department of Defense relating to--
       (A) a retaliatory personnel action taken against a member 
     of the Armed Forces under section 1034 of title 10, United 
     States Code; or
       (B) any retaliatory action taken against a covered 
     employee; and
       (3) the term ``military department'' means each of the 
     departments described in section 104 of title 5, United 
     States Code.
       (b) Certification Requirement.--
       (1) In general.--Each investigator involved in a covered 
     investigation shall submit to the Inspector General of the 
     Department of Defense or the Inspector General of the 
     military department, as applicable, a certification that 
     there was no conflict of interest between the investigator, 
     any witness involved in the covered investigation, and the 
     covered employee or member of the Armed Forces, as 
     applicable, during the conduct of the covered investigation.
       (2) Standardized form.--The Inspector General of the 
     Department of Defense shall develop a standardized form to be 
     used by each investigator to submit the certification 
     required under paragraph (1).
       (3) Investigative file.--Each certification submitted under 
     paragraph (1) shall be included in the file of the applicable 
     covered investigation.
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