[Congressional Record Volume 161, Number 89 (Thursday, June 4, 2015)]
[Senate]
[Pages S3821-S3822]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1743. 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 end of subtitle E of title VIII, add the following:

     SEC. 884. EXTENSION OF WHISTLEBLOWER PROTECTIONS FOR DEFENSE 
                   CONTRACTOR EMPLOYEES TO EMPLOYEES OF 
                   CONTRACTORS OF THE ELEMENTS OF THE INTELLIGENCE 
                   COMMUNITY.

       (a) Contractors of DoD and Related Agencies.--Subsection 
     (e) of section 2409 of title 10, United States Code, is 
     amended to read as follows:
       ``(e) Disclosures With Respect to Elements of Intelligence 
     Community and Intelligence-related Activities.--(1) Any 
     disclosure under this section by an employee of a contractor, 
     subcontractor, or grantee of an element of the intelligence 
     community (as defined in section 3(4) of the National 
     Security Act of 1947 (50 U.S.C. 3003(4)) with respect to an 
     element of the intelligence community or an activity of an 
     element of the intelligence community shall comply with 
     applicable provisions of section 17(d)(5) of the Central 
     Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)) and 
     section 8H of the Inspector General Act of 1978 (5 U.S.C. 
     App.)
       ``(2) Any disclosure described in paragraph (1) of 
     information required by Executive order to be kept classified 
     in the interests of national defense or the conduct of 
     foreign affairs that is made to a court shall be treated by 
     the court in a manner consistent with the interests of the 
     national security of the United States, including through the 
     use of summaries or ex parte submissions if the element of 
     the intelligence community awarding the contract or grant 
     concerned advises

[[Page S3822]]

     the court that the national security interests of the United 
     States warrant the use of such summaries or submissions.''.
       (b) Pilot Program on Other Contractor Employees.--
     Subsection (f) of section 4712 of title 41, United States 
     Code, is amended to read as follows:
       ``(f) Disclosures With Respect to Elements of Intelligence 
     Community and Intelligence-related Activities.--
       ``(1) Manner of disclosures.--Any disclosure under this 
     section by an employee of a contractor, subcontractor, or 
     grantee of an element of the intelligence community (as 
     defined in section 3(4) of the National Security Act of 1947 
     (50 U.S.C. 3003(4)) with respect to an element of the 
     intelligence community or an activity of an element of the 
     intelligence community shall comply with applicable 
     provisions of section 17(d)(5) of the Central Intelligence 
     Agency Act of 1949 (50 U.S.C. 3517(d)(5)) and section 8H of 
     the Inspector General Act of 1978 (5 U.S.C. App.)
       ``(2) Treatment by courts.--Any disclosure described in 
     paragraph (1) of information required by Executive order to 
     be kept classified in the interests of national defense or 
     the conduct of foreign affairs that is made to a court shall 
     be treated by the court in a manner consistent with the 
     interests of the national security of the United States, 
     including through the use of summaries or ex parte 
     submissions if the element of the intelligence community 
     awarding the contract or grant concerned advises the court 
     that the national security interests of the United States 
     warrant the use of such summaries or submissions.''.
                                 ______