S.Amdt. 1743

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.''.
______