[Congressional Record Volume 161, Number 125 (Tuesday, August 4, 2015)]
[Senate]
[Page S6315]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2592. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 754, to improve cybersecurity in the United States
through enhanced sharing of information about cybersecurity threats,
and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. __. WHISTLEBLOWER REPORTS AND PROTECTION AGAINST
RETALIATION.
(a) Authorization to Report Complaints or Information.--An
employee of or contractor to a Federal entity that has
knowledge of the programs and activities authorized under
this Act may submit a covered complaint--
(1) to the Comptroller General of the United States;
(2) to the Privacy and Civil Liberties Oversight Board;
(3) to the Select Committee on Intelligence of the Senate;
(4) to the Permanent Select Committee on Intelligence of
the House of Representatives; or
(5) in accordance with the process established under
section 103H(k)(5) of the National Security Act of 1947 (50
U.S.C. 3033(k)(5)).
(b) Investigations and Reports to Congress.--
(1) In general.--The Comptroller General shall investigate
a covered complaint submitted pursuant to subsection (a)(1)
and shall submit to Congress a report containing the results
of the investigation.
(2) Availability to congress.--A report submitted to
Congress under paragraph (1) shall be accessible to all
members of Congress.
(c) Requirement to Permit Submission.--No Federal entity
may promulgate a rule or prohibition on its employees, on
contractors of that Federal entity, or on any entity sharing
cyber threat indicators or defensive measures with the
Federal Government under this Act that prohibits submission
of complaints under this section.
(d) Prohibition on Retaliatory Actions.--Notwithstanding
any other provision of law, no officer or employee of a
Federal entity shall take any retaliatory action against an
employee of or contractor to a Federal entity who seeks to
disclose or discloses covered information to--
(1) the Comptroller General;
(2) the Privacy and Civil Liberties Oversight Board;
(3) the Select Committee on Intelligence of the Senate;
(4) the Permanent Select Committee on Intelligence of the
House of Representatives; or
(5) the Office of the Inspector General of the Intelligence
Community.
(e) Administrative Sanctions.--An officer or employee of a
Federal entity who violates subsection (d) shall be subject
to administrative sanctions, up to and including termination.
(f) Definitions.--In this section:
(1) Covered complaint.--The term ``covered complaint''
means a complaint or information concerning programs and
activities authorized by this Act that an employee or
contractor reasonably believes is evidence of--
(A) a violation of any law, rule, or regulation; or
(B) gross mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to public
health or safety.
(2) Covered information.--The term ``covered information''
means any information (including classified or sensitive
information) that an employee or contractor reasonably
believes is evidence of--
(A) a violation of any provision of law; or
(B) gross mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to public
health or safety.
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