II 

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. 

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


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1 SECTION 1. ENHANCEMENT OF WHISTLEBLOWER PROTEC2 TION FOR CONTRACTOR AND GRANTEE EM3 PLOYEES. 

4 (a) PROTECTION FOR EMPLOYEES OF GRANTEES

5 AND SUBGRANTEES.— 

6 (1) DEFENSE GRANTS.—Section 2409(a)(1) of 

7 title 10, United States Code, is amended by striking 

8 ‘‘or subcontractor’’ and inserting ‘‘, personal services 

9 contractor, subcontractor, grantee, or subgrantee’’. 

10 (2) CIVILIAN GRANTS.—Section 4712(a)(1) of 

11 title 41, United States Code, is amended by striking 

12 ‘‘or grantee’’ and inserting ‘‘personal services con13 tractor, grantee, or subgrantee’’. 

14 (b) PROHIBITION ON REIMBURSEMENT FOR LEGAL

15 FEES ACCRUED IN DEFENSE AGAINST REPRISAL

16 CLAIMS.— 

17 (1) DEFENSE CONTRACTS.—Section 2324(k) of 

18 title 10, United States Code, is amended— 

19 (A) by inserting ‘‘or subcontractor’’ after 

20 ‘‘contractor’’ each place it appears; 

21 (B) by inserting ‘‘or subcontract’’ after 

22 ‘‘contract’’ each place it appears; and 

23 (C) in paragraph (1), by inserting ‘‘or to 

24 any other activity described in subparagraphs 

25 (A) through (C) of section 2409(a)(1) of this 

26 title’’ after ‘‘statute or regulation’’. 


sradovich on DSK3TPTVN1PROD with BILLS
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1 (2) CIVILIAN CONTRACTS.— 

2 (A) IN GENERAL.—Section 4310 of title 

3 41, United States Code, is amended— 

4 (i) by inserting ‘‘or subcontractor’’ 

5 after ‘‘contractor’’ each place it appears; 

6 (ii) by inserting ‘‘or subcontract’’ 

7 after ‘‘contract’’ each place it appears; and 

8 (iii) in subsection (b)(1), by inserting 

9 ‘‘or to any other activity described in sec10 tion 4712(a)(1) of this title’’ after ‘‘statute 

11 or regulation’’. 

12 (B) CONFORMING AMENDMENT.—Section 

13 4304(a)(15) of title 41, United States Code, is 

14 amended by inserting ‘‘or subcontractor’’ after 

15 ‘‘contractor’’. 

16 (c) INCLUSION OF CONTRACT CLAUSE IN CONTRACTS

17 AWARDED BEFORE EFFECTIVE DATE.—At the time of 

18 any major modification to a contract that was awarded 

19 before the date of the enactment of this Act, the head of 

20 the contracting agency shall include in the contract a con21 tract clause providing for the applicability of the amend22 ments made by this section and section 827 of the Na23 tional Defense Authorization Act for Fiscal Year 2013 

24 (Public Law 112–239; 126 Stat. 1833). 


sradovich on DSK3TPTVN1PROD with BILLS
4 

•S 795 RS

1 SECTION 1. ENHANCEMENT OF WHISTLEBLOWER PROTEC2 TION FOR CONTRACTOR AND GRANTEE EM3 PLOYEES. 

4 (a) PROTECTION FOR EMPLOYEES OF GRANTEES AND

5 SUBGRANTEES.— 

6 (1) DEFENSE GRANTS.—Section 2409(a)(1) of 

7 title 10, United States Code, is amended by inserting 

8 ‘‘or personal services contractor’’ after ‘‘subgrantee’’. 

9 (2) CIVILIAN GRANTS.—Section 4712(a)(1) of 

10 title 41, United States Code, is amended by striking 

11 ‘‘or grantee’’ and inserting ‘‘grantee, or subgrantee or 

12 personal services contractor’’. 

13 (3) PERMANENT EXTENSION OF PILOT PROGRAM

14 FOR ENHANCEMENT OF CONTRACTOR PROTECTION

15 FROM REPRISAL FOR DISCLOSURE OF CERTAIN INFOR16 MATION.— 

17 (A) IN GENERAL.—Section 4712 of title 41, 

18 United States Code, is amended— 

19 (i) in the section heading by striking 

20 ‘‘Pilot program for enhancement’’ 

21 and inserting ‘‘Enhancement’’; and 

22 (ii) by striking subsection (i). 

23 (B) CLERICAL AMENDMENT.—The table of 

24 sections at the beginning of chapter 47 of title 

25 41, United States Code, is amended by striking 


sradovich on DSK3TPTVN1PROD with BILLS
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1 the item relating to section 4712 and inserting 

2 the following new item: 

‘‘4712. Enhancement of contractor protection from reprisal for disclosure of certain information.’’. 

3 (b) PROHIBITION ON REIMBURSEMENT FOR LEGAL

4 FEES ACCRUED IN DEFENSE AGAINST REPRISAL

5 CLAIMS.— 

6 (1) DEFENSE CONTRACTS.—Section 2324(k) of 

7 title 10, United States Code, is amended— 

8 (A) by inserting ‘‘or subcontractor, or per9 sonal services contractor’’ after ‘‘contractor’’ each 

10 place it appears; 

11 (B) by inserting ‘‘, subcontract, or personal 

12 services contract’’ after ‘‘contract’’ each place it 

13 appears; and 

14 (C) in paragraph (1), by inserting ‘‘or to 

15 any other activity described in subparagraphs 

16 (A) through (C) of section 2409(a)(1) of this 

17 title’’ after ‘‘statute or regulation’’. 

18 (2) CIVILIAN CONTRACTS.— 

19 (A) IN GENERAL.—Section 4310 of title 41, 

20 United States Code, is amended— 

21 (i) by inserting ‘‘, subcontractor, or 

22 personal services contractor’’ after ‘‘con23 tractor’’ each place it appears; 


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1 (ii) by inserting ‘‘, subcontract, or per2 sonal services contract’’ after ‘‘contract’’ 

3 each place it appears; and 

4 (iii) in subsection (b)(1), by inserting 

5 ‘‘or to any other activity described in sec6 tion 4712(a)(1) of this title’’ after ‘‘statute 

7 or regulation’’. 

8 (B) CONFORMING AMENDMENT.—Section 

9 4304(a)(15) of title 41, United States Code, is 

10 amended by inserting ‘‘or subcontractor, or per11 sonal service contractor’’ after ‘‘contractor’’. 

12 (c) INCLUSION OF CONTRACT CLAUSE IN CONTRACTS

13 AWARDED BEFORE EFFECTIVE DATE.—At the time of any 

14 major modification to a contract that was awarded before 

15 the date of the enactment of this Act, the head of the con16 tracting agency shall make best efforts to include in the con17 tract a contract clause providing for the applicability of 

18 the amendments made by this section and section 827 of 

19 the National Defense Authorization Act for Fiscal Year 

20 2013 (Public Law 112–239; 126 Stat. 1833). 


sradovich on DSK3TPTVN1PROD with BILLS

sradovich on DSK3TPTVN1PROD with BILLS
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 


sradovich on DSK3TPTVN1PROD with BILLS