S.Amdt. 5364
What it does: Rewrites section 833What it changes
1 change to S. 3001 · shown in the bill's text
Rewrites section 833
ReplacesIn S. 3001 · Placed on Calendar Senate
SEC. 833. INFORMATION FOR
[struck: DEPARTMENT OF DEFENSE ][inserted: FEDERAL GOVERNMENT ]CONTRACTOR EMPLOYEES ON THEIR WHISTLEBLOWER RIGHTS.(a) In General.--
[struck: The Secretary ][inserted: Not later than 180 days after the date ]of[struck: Defense ][inserted: the enactment of this Act, the Federal Acquisition Regulation ]shall[struck: prescribe in regulations ][inserted: be amended to prescribe ]a policy for informing employees of a contractor of[struck: the Department of Defense ][inserted: an executive agency ]of their whistleblower rights and protections under section [inserted: 265 of title 41, United States Code, or section ]2409 of title 10, United States Code, as [inserted: applicable, as ]implemented by subpart 3.9 of part I of title 48, Code of Federal Regulations.(b) Elements.--The regulations required by subsection (a) shall include requirements as follows:
(1) Employees of
[struck: Department of Defense ]contractors shall be notified in writing of the provisions of section [inserted: 265 of title 41, United States Code, or the provisions of section ]2409 of title 10, United States Code[inserted: , as applicable].(2) Notice to employees of
[struck: Department of Defense ]contractors under paragraph (1) shall state that the restrictions imposed by any employee agreement or nondisclosure agreement shall not supersede, conflict with, or otherwise alter the employee rights created by section [inserted: 265 of title 41, United States Code (or the regulations implementing such section), or the employee rights created by section ]2409 of title 10, United States Code[struck: , ][inserted: (]or the regulations implementing such section[inserted: ), as applicable].(c) Contractor Defined.--In this section, the term "contractor"
[struck: has the meaning given that term in section 2409(e)(4) of title 10, United States Code.][inserted: --]Inserted: (1) in the case of the Department of Defense or any other agency covered by section 2409 of title 10, United States Code, has the meaning given that term in section 2409(e)(4) of such title; and
Inserted: (2) in the case of any other executive agency, has the meaning given that term in section 265(e)(2) of title 41, United States Code.
Original wording
Strike section 833 and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 5364. Mr. LIEBERMAN (for himself, Ms. Collins, and Mrs. McCaskill) submitted an amendment intended to be proposed by him to the bill S. 3001, to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 833 and insert the following:
SEC. 833. INFORMATION FOR FEDERAL GOVERNMENT CONTRACTOR EMPLOYEES ON THEIR WHISTLEBLOWER RIGHTS.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to prescribe a policy for informing employees of a contractor of an executive agency of their whistleblower rights and protections under section 265 of title 41, United States Code, or section 2409 of title 10, United States Code, as applicable, as implemented by subpart 3.9 of part I of title 48, Code of Federal Regulations.
(b) Elements.--The regulations required by subsection (a) shall include requirements as follows:
(1) Employees of contractors shall be notified in writing of the provisions of section 265 of title 41, United States Code, or the provisions of section 2409 of title 10, United States Code, as applicable.
(2) Notice to employees of contractors under paragraph (1) shall state that the restrictions imposed by any employee agreement or nondisclosure agreement shall not supersede, conflict with, or otherwise alter the employee rights created by section 265 of title 41, United States Code (or the regulations implementing such section), or the employee rights created by section 2409 of title 10, United States Code (or the regulations implementing such section), as applicable.
(c) Contractor Defined.--In this section, the term “contractor”--
(1) in the case of the Department of Defense or any other agency covered by section 2409 of title 10, United States Code, has the meaning given that term in section 2409(e)(4) of such title; and
(2) in the case of any other executive agency, has the meaning given that term in section 265(e)(2) of title 41, United States Code.
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Senate amendment submitted
September 10, 2008