[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 795 Reported in Senate (RS)]
<DOC>
Calendar No. 506
114th CONGRESS
2d Session
S. 795
[Report No. 114-270]
To enhance whistleblower protection for contractor and grantee
employees.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 18, 2015
Mrs. McCaskill (for herself and Mr. Johnson) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
June 7, 2016
Reported by Mr. Johnson, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To enhance whistleblower protection for contractor and grantee
employees.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. ENHANCEMENT OF WHISTLEBLOWER PROTECTION FOR
CONTRACTOR AND GRANTEE EMPLOYEES.</DELETED>
<DELETED> (a) Protection for Employees of Grantees and
Subgrantees.--</DELETED>
<DELETED> (1) Defense grants.--Section 2409(a)(1) of title
10, United States Code, is amended by striking ``or
subcontractor'' and inserting ``, personal services contractor,
subcontractor, grantee, or subgrantee''.</DELETED>
<DELETED> (2) Civilian grants.--Section 4712(a)(1) of title
41, United States Code, is amended by striking ``or grantee''
and inserting ``personal services contractor, grantee, or
subgrantee''.</DELETED>
<DELETED> (b) Prohibition on Reimbursement for Legal Fees Accrued in
Defense Against Reprisal Claims.--</DELETED>
<DELETED> (1) Defense contracts.--Section 2324(k) of title
10, United States Code, is amended--</DELETED>
<DELETED> (A) by inserting ``or subcontractor''
after ``contractor'' each place it appears;</DELETED>
<DELETED> (B) by inserting ``or subcontract'' after
``contract'' each place it appears; and</DELETED>
<DELETED> (C) in paragraph (1), by inserting ``or to
any other activity described in subparagraphs (A)
through (C) of section 2409(a)(1) of this title'' after
``statute or regulation''.</DELETED>
<DELETED> (2) Civilian contracts.--</DELETED>
<DELETED> (A) In general.--Section 4310 of title 41,
United States Code, is amended--</DELETED>
<DELETED> (i) by inserting ``or
subcontractor'' after ``contractor'' each place
it appears;</DELETED>
<DELETED> (ii) by inserting ``or
subcontract'' after ``contract'' each place it
appears; and</DELETED>
<DELETED> (iii) in subsection (b)(1), by
inserting ``or to any other activity described
in section 4712(a)(1) of this title'' after
``statute or regulation''.</DELETED>
<DELETED> (B) Conforming amendment.--Section
4304(a)(15) of title 41, United States Code, is amended
by inserting ``or subcontractor'' after
``contractor''.</DELETED>
<DELETED> (c) Inclusion of Contract Clause in Contracts Awarded
Before Effective Date.--At the time of any major modification to a
contract that was awarded before the date of the enactment of this Act,
the head of the contracting agency shall include in the contract a
contract clause providing for the applicability of the amendments made
by this section and section 827 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
1833).</DELETED>
SECTION 1. ENHANCEMENT OF WHISTLEBLOWER PROTECTION FOR CONTRACTOR AND
GRANTEE EMPLOYEES.
(a) Protection for Employees of Grantees and Subgrantees.--
(1) Defense grants.--Section 2409(a)(1) of title 10, United
States Code, is amended by inserting ``or personal services
contractor'' after ``subgrantee''.
(2) Civilian grants.--Section 4712(a)(1) of title 41,
United States Code, is amended by striking ``or grantee'' and
inserting ``grantee, or subgrantee or personal services
contractor''.
(3) Permanent extension of pilot program for enhancement of
contractor protection from reprisal for disclosure of certain
information.--
(A) In general.--Section 4712 of title 41, United
States Code, is amended--
(i) in the section heading by striking
``Pilot program for enhancement'' and inserting
``Enhancement''; and
(ii) by striking subsection (i).
(B) Clerical amendment.--The table of sections at
the beginning of chapter 47 of title 41, United States
Code, is amended by striking the item relating to
section 4712 and inserting the following new item:
``4712. Enhancement of contractor protection from reprisal for
disclosure of certain information.''.
(b) Prohibition on Reimbursement for Legal Fees Accrued in Defense
Against Reprisal Claims.--
(1) Defense contracts.--Section 2324(k) of title 10, United
States Code, is amended--
(A) by inserting ``or subcontractor, or personal
services contractor'' after ``contractor'' each place
it appears;
(B) by inserting ``, subcontract, or personal
services contract'' after ``contract'' each place it
appears; and
(C) in paragraph (1), by inserting ``or to any
other activity described in subparagraphs (A) through
(C) of section 2409(a)(1) of this title'' after
``statute or regulation''.
(2) Civilian contracts.--
(A) In general.--Section 4310 of title 41, United
States Code, is amended--
(i) by inserting ``, subcontractor, or
personal services contractor'' after
``contractor'' each place it appears;
(ii) by inserting ``, subcontract, or
personal services contract'' after ``contract''
each place it appears; and
(iii) in subsection (b)(1), by inserting
``or to any other activity described in section
4712(a)(1) of this title'' after ``statute or
regulation''.
(B) Conforming amendment.--Section 4304(a)(15) of
title 41, United States Code, is amended by inserting
``or subcontractor, or personal service contractor''
after ``contractor''.
(c) Inclusion of Contract Clause in Contracts Awarded Before
Effective Date.--At the time of any major modification to a contract
that was awarded before the date of the enactment of this Act, the head
of the contracting agency shall make best efforts to include in the
contract a contract clause providing for the applicability of the
amendments made by this section and section 827 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
1833).
Calendar No. 506
114th CONGRESS
2d Session
S. 795
[Report No. 114-270]
_______________________________________________________________________
A BILL
To enhance whistleblower protection for contractor and grantee
employees.
_______________________________________________________________________
June 7, 2016
Reported with an amendment