130 STAT. 1362 PUBLIC LAW 114–261—DEC. 14, 2016 

Public Law 114–261 

114th Congress 

An Act 

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, 

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— 

47 USC 

prec. 4701. 

Dec. 14, 2016 

[S. 795] 


kgrant on DSKB33CYQ1 with PUBLAW
PUBLIC LAW 114–261—DEC. 14, 2016 130 STAT. 1363 

LEGISLATIVE HISTORY—S. 795: 

SENATE REPORTS: No. 114–270 (Comm. on Homeland Security and Governmental 

Affairs). 

CONGRESSIONAL RECORD, Vol. 162 (2016): 

June 23, considered and passed Senate. 

Dec. 5, considered and passed House. 

Æ 

(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). 

Approved December 14, 2016. 

Applicability. 

10 USC 2324 

note. 


kgrant on DSKB33CYQ1 with PUBLAW