[Congressional Record (Bound Edition), Volume 162 (2016), Part 7]
[Senate]
[Page 9908]
[From the U.S. Government Publishing Office, www.gpo.gov]




ENHANCING WHISTLEBLOWER PROTECTION FOR CONTRACTOR AND GRANTEE EMPLOYEES

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 506, S. 795.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 795) to enhance whistleblower protection for 
     contractor and grantee employees.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     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).

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported substitute amendment be agreed to; the bill, as 
amended, be read a third time and passed, and the motion to reconsider 
be considered made and laid upon the table with no intervening action 
or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill (S. 795), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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