[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