IC 

114TH CONGRESS 

2D SESSION S. 795 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 28, 2016 

Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

AN ACT 

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 insert8 ing ‘‘or personal services contractor’’ after ‘‘sub9 grantee’’. 

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

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

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

13 or personal services contractor’’. 

14 (3) PERMANENT EXTENSION OF PILOT PRO15 GRAM FOR ENHANCEMENT OF CONTRACTOR PROTEC16 TION FROM REPRISAL FOR DISCLOSURE OF CERTAIN

17 INFORMATION.— 

18 (A) IN GENERAL.—Section 4712 of title 

19 41, United States Code, is amended— 

20 (i) in the section heading by striking 

21 ‘‘Pilot program for enhancement’’ 

22 and inserting ‘‘Enhancement’’; and 

23 (ii) by striking subsection (i). 

24 (B) CLERICAL AMENDMENT.—The table of 

25 sections at the beginning of chapter 47 of title 

26 41, United States Code, is amended by striking 

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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’’ 

10 each place it appears; 

11 (B) by inserting ‘‘, subcontract, or per12 sonal services contract’’ after ‘‘contract’’ each 

13 place it 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 

20 41, 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 

2 personal services contract’’ after ‘‘con3 tract’’ 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 

14 any major modification to a contract that was awarded 

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

16 the contracting agency shall make best efforts to include 

17 in the contract a contract clause providing for the applica18 bility of the amendments made by this section and section 

19 827 of the National Defense Authorization Act for Fiscal 

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

Passed the Senate June 23, 2016. 

Attest: JULIE E. ADAMS, 

Secretary. 

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