II 

114TH CONGRESS 

1ST SESSION S. 794 

To extend whistleblower protections for defense contractor employees to 

employees of contractors of the elements of the intelligence community. 

IN THE SENATE OF THE UNITED STATES 

MARCH 18, 2015 

Mrs. MCCASKILL introduced the following bill; which was read twice and 

referred to the Select Committee on Intelligence 

A BILL 

To extend whistleblower protections for defense contractor 

employees to employees of contractors of the elements 

of the intelligence community. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXTENSION OF WHISTLEBLOWER PROTEC4 TIONS FOR DEFENSE CONTRACTOR EMPLOY5 EES TO EMPLOYEES OF CONTRACTORS OF 

6 THE ELEMENTS OF THE INTELLIGENCE COM7 MUNITY. 

8 (a) CONTRACTORS OF DOD AND RELATED AGEN9 CIES.—Subsection (e) of section 2409 of title 10, United 

10 States Code, is amended to read as follows: 


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1 ‘‘(e) DISCLOSURES WITH RESPECT TO ELEMENTS

2 OF INTELLIGENCE COMMUNITY AND INTELLIGENCE-RE3 LATED ACTIVITIES.—(1) Any disclosure under this section 

4 by an employee of a contractor, subcontractor, or grantee 

5 of an element of the intelligence community (as defined 

6 in section 3(4) of the National Security Act of 1947 (50 

7 U.S.C. 3003(4))) with respect to an element of the intel8 ligence community or an activity of an element of the in9 telligence community shall comply with applicable provi10 sions of section 17(d)(5) of the Central Intelligence Agen11 cy Act of 1949 (50 U.S.C. 3517(d)(5)) and section 8H 

12 of the Inspector General Act of 1978 (5 U.S.C. App.). 

13 ‘‘(2) Any disclosure described in paragraph (1) of in14 formation required by Executive order to be kept classified 

15 in the interests of national defense or the conduct of for16 eign affairs that is made to a court shall be treated by 

17 the court in a manner consistent with the interests of the 

18 national security of the United States, including through 

19 the use of summaries or ex parte submissions if the ele20 ment of the intelligence community awarding the contract 

21 or grant concerned advises the court that the national se22 curity interests of the United States warrant the use of 

23 such summaries or submissions.’’. 


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1 (b) PILOT PROGRAM ON OTHER CONTRACTOR EM2 PLOYEES.—Subsection (f) of section 4712 of title 41, 

3 United States Code, is amended to read as follows: 

4 ‘‘(f) DISCLOSURES WITH RESPECT TO ELEMENTS OF

5 INTELLIGENCE COMMUNITY AND INTELLIGENCE-RE6 LATED ACTIVITIES.— 

7 ‘‘(1) MANNER OF DISCLOSURES.—Any disclo8 sure under this section by an employee of a con9 tractor, subcontractor, or grantee of an element of 

10 the intelligence community (as defined in section 

11 3(4) of the National Security Act of 1947 (50 

12 U.S.C. 3003(4))) with respect to an element of the 

13 intelligence community or an activity of an element 

14 of the intelligence community shall comply with ap15 plicable provisions of section 17(d)(5) of the Central 

16 Intelligence Agency Act of 1949 (50 U.S.C. 

17 3517(d)(5)) and section 8H of the Inspector General 

18 Act of 1978 (5 U.S.C. App.). 

19 ‘‘(2) TREATMENT BY COURTS.—Any disclosure 

20 described in paragraph (1) of information required 

21 by Executive order to be kept classified in the inter22 ests of national defense or the conduct of foreign af23 fairs that is made to a court shall be treated by the 

24 court in a manner consistent with the interests of 

25 the national security of the United States, including 


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1 through the use of summaries or ex parte submis2 sions if the element of the intelligence community 

3 awarding the contract or grant concerned advises 

4 the court that the national security interests of the 

5 United States warrant the use of such summaries or 

6 submissions.’’. 

Æ 


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