What it changes

1 change to S. 2766

Adds a section
  1. Adds SEC. __. WHISTLEBLOWER PROTECTIONS EXTENDED TO EMPLOYEES OF NATIONAL SECURITY AGENCIES AND FEDERAL CONTRACTORS wherever appropriate

    Adds a section

    Inserted: SEC. __. WHISTLEBLOWER PROTECTIONS EXTENDED TO EMPLOYEES OF NATIONAL SECURITY AGENCIES AND FEDERAL CONTRACTORS.

    Inserted: Section 2302 of title 5, United States Code, is amended--

    Inserted: (1) in subsection (a)(2)--

    Inserted: (A) in subparagraph (B)(ii) by striking "; and" and inserting the following: ", in which case the President shall submit a report to Congress, that may be classified if necessary--

    Inserted: "(I) detailing any position the President has excluded from the coverage of this section; and

    Inserted: "(II) including the reasons why the President determined that excluding a position from the coverage of this section is necessary and warranted by the conditions of good administration;";

    Inserted: (B) in subparagraph (C)--

    Inserted: (i) in clause (i), by striking "subsection (b)(8)" and inserting "paragraph (8) or (9) of subsection (b)";

    Inserted: (ii) in clause (ii), by striking "the Federal Bureau of Investigation,"; and

    Inserted: (iii) in clause (iii), by striking the period and inserting "; and"; and

    Inserted: (C) by adding at the end the following:

    Inserted: "(D) 'intelligence agency' means any agency described in subparagraph (C)(ii).";

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    Inserted: (2) by adding at the end the following:

    Inserted: "(f)(1)(A) In this paragraph--

    Inserted: "(i) the term 'executive agency' has the meaning given under section 4(1) of the Office of the Federal Procurement Policy Act (41 U.S.C. 403(1)); and

    Inserted: "(ii) the term 'Federal contractor' means any person that has entered into a contract with an executive agency, or any person who has entered into a contract with such a person pursuant to the contract with that executive agency.

    Inserted: "(B) For the purposes of paragraphs (8) and (9) of subsection (b), any employment position at a Federal contractor that is funded in whole or in part by appropriated funds shall be considered to be a covered position under subsection (a)(2)(B).

    Inserted: "(C) For purposes of this paragraph, an employment position at a Federal contractor is funded in whole or in part by appropriated funds if the responsibilities of the position include engaging in any activity with respect to such contract, including providing services or manufacturing goods procured under the contract, or providing incidental or support services related to such a contract, including accounting, human resources, secretarial services, and any other incidental or support services.

    Inserted: "(2) For the purposes of paragraph (8)(A) and paragraph (9) of subsection (b), any position at an agency described under subsection (a)(2)(C)(ii) shall be considered to be a covered position under subsection (a)(2)(B).

    Inserted: "(g) Any person that violates this section shall be subject to a civil penalty not to exceed $50,000.".

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    Original wording

    At the appropriate place, insert the following:

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As printed

SA 4430. Mr. LAUTENBERG submitted an amendment intended to be proposed by him to the bill S. 2766, to authorize appropriations for fiscal year 2007 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. WHISTLEBLOWER PROTECTIONS EXTENDED TO EMPLOYEES OF NATIONAL SECURITY AGENCIES AND FEDERAL CONTRACTORS.

Section 2302 of title 5, United States Code, is amended--

(1) in subsection (a)(2)--

(A) in subparagraph (B)(ii) by striking “; and” and inserting the following: “, in which case the President shall submit a report to Congress, that may be classified if necessary--

“(I) detailing any position the President has excluded from the coverage of this section; and

“(II) including the reasons why the President determined that excluding a position from the coverage of this section is necessary and warranted by the conditions of good administration;”;

(B) in subparagraph (C)--

(i) in clause (i), by striking “subsection (b)(8)” and inserting “paragraph (8) or (9) of subsection (b)”;

(ii) in clause (ii), by striking “the Federal Bureau of Investigation,”; and

(iii) in clause (iii), by striking the period and inserting “; and”; and

(C) by adding at the end the following:

“(D) ‘intelligence agency' means any agency described in subparagraph (C)(ii).”;

(2) by adding at the end the following:

“(f)(1)(A) In this paragraph--

“(i) the term ‘executive agency' has the meaning given under section 4(1) of the Office of the Federal Procurement Policy Act (41 U.S.C. 403(1)); and

“(ii) the term ‘Federal contractor' means any person that has entered into a contract with an executive agency, or any person who has entered into a contract with such a person pursuant to the contract with that executive agency.

“(B) For the purposes of paragraphs (8) and (9) of subsection (b), any employment position at a Federal contractor that is funded in whole or in part by appropriated funds shall be considered to be a covered position under subsection (a)(2)(B).

“(C) For purposes of this paragraph, an employment position at a Federal contractor is funded in whole or in part by appropriated funds if the responsibilities of the position include engaging in any activity with respect to such contract, including providing services or manufacturing goods procured under the contract, or providing incidental or support services related to such a contract, including accounting, human resources, secretarial services, and any other incidental or support services.

“(2) For the purposes of paragraph (8)(A) and paragraph (9) of subsection (b), any position at an agency described under subsection (a)(2)(C)(ii) shall be considered to be a covered position under subsection (a)(2)(B).

“(g) Any person that violates this section shall be subject to a civil penalty not to exceed $50,000.”.

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Senate amendment submitted

June 21, 2006