I 
112TH CONGRESS 
2D SESSION 
H. R. 6406 
To expand whistleblower protections to non-Federal employees whose 
disclosures involve misuse of Federal funds. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 13, 2012 
Ms. SPEIER (for herself and Mr. PLATTS) introduced the following bill; which 
was referred to the Committee on Oversight and Government Reform, 
and in addition to the Committees on Armed Services and Education and 
the Workforce, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To expand whistleblower protections to non-Federal 
employees whose disclosures involve misuse of Federal funds. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Non-Federal Employee 
Whistleblower Protection Act of 2012’’. 
SEC. 2. PROTECTING STATE AND LOCAL GOVERNMENT AND 
CONTRACTOR WHISTLEBLOWERS. 
(a) REPEALS.— 
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(1) CIVILIAN
CONTRACTS.—Title 41, United 
States Code, is amended as follows: 
(A) Section 4705 is repealed. 
(B) The table of sections at the beginning 
of chapter 47 is amended by striking the item 
relating to section 4705. 
(2) DEFENSE
CONTRACTS.—Title 10, United 
States Code, is amended as follows: 
(A) Section 2409 is repealed. 
(B) The table of sections at the beginning 
of chapter 141 is amended by striking the item 
relating to section 2409. 
(b) ENHANCED PROTECTION FOR STATE AND LOCAL 
GOVERNMENT AND CONTRACTOR WHISTLEBLOWERS.— 
(1) IN GENERAL.—Chapter 23 of division B of 
title 41, United States Code, is amended by adding 
at the end the following new section: 
‘‘§ 2314. Protection for State and local government 
and contractor whistleblowers 
‘‘(a) PROHIBITION OF REPRISALS.—An employee of 
any non-Federal employer receiving covered funds may not 
be discharged, demoted, or otherwise discriminated 
against as a reprisal for initiating or participating in any 
proceeding related to the misuse of any Federal funds, 
reasonably opposing the misuse of any Federal funds, or 
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disclosing, including a disclosure made in the ordinary 
course of an employee’s duties, to an inspector general, 
the Comptroller General of the United States, the Attor-
ney General, a member of Congress, a State or Federal 
regulatory or law enforcement agency, a person with su-
pervisory authority over the employee (or such other per-
son working for the employer who has the authority to 
investigate, discover, or terminate misconduct), a court or 
grand jury, the head of a Federal agency, or their rep-
resentatives information that the employee reasonably be-
lieves is evidence of— 
‘‘(1) gross mismanagement of an agency con-
tract or grant relating to covered funds; 
‘‘(2) a gross waste of covered funds; 
‘‘(3) a substantial and specific danger to public 
health or safety related to the implementation or use 
of covered funds; 
‘‘(4) an abuse of authority related to the imple-
mentation or use of covered funds; or 
‘‘(5) a violation of law, rule, or regulation re-
lated to an agency contract (including the competi-
tion for or negotiation of a contract), subcontract, or 
grant, awarded or issued relating to covered funds. 
‘‘(b) INVESTIGATION OF COMPLAINTS BY INSPECTOR 
GENERAL.— 
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‘‘(1) IN GENERAL.—A person who believes that 
the person has been subjected to a reprisal prohib-
ited by subsection (a) may submit a complaint re-
garding the reprisal to the appropriate inspector 
general. Except as provided under paragraph (3), 
unless the inspector general determines that the 
complaint is frivolous, does not relate to covered 
funds, or another Federal or State judicial or ad-
ministrative proceeding has previously been invoked 
to resolve such complaint, the inspector general shall 
investigate the complaint and, upon completion of 
such investigation, submit a report of the findings of 
the investigation to the person, the person’s em-
ployer, and the head of the appropriate agency. 
‘‘(2) TIME LIMITATIONS FOR ACTIONS IN RE-
SPONSE TO COMPLAINTS.— 
‘‘(A) IN
GENERAL.—Except as provided 
under subparagraph (B), the inspector general 
shall, not later than 180 days after receiving a 
complaint under paragraph (1)— 
‘‘(i) make a determination that the 
complaint is frivolous, does not relate to 
covered funds, or another Federal or State 
judicial or administrative proceeding has 
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previously been invoked to resolve such 
complaint; or 
‘‘(ii) submit a report under paragraph 
(1). 
‘‘(B) EXTENSIONS.— 
‘‘(i) VOLUNTARY EXTENSION AGREED 
TO
BETWEEN
INSPECTOR
GENERAL
AND 
COMPLAINANT.—If the inspector general is 
unable to complete an investigation under 
this section in time to submit a report 
within the 180-day period specified under 
subparagraph (A) and the person submit-
ting the complaint agrees to an extension 
of time, the inspector general shall submit 
a report under paragraph (1) within such 
additional period of time, up to 180 days, 
as shall be agreed upon between the in-
spector general and the person submitting 
the complaint. 
‘‘(ii) EXTENSION
GRANTED
BY
IN-
SPECTOR GENERAL.—If the inspector gen-
eral is unable to complete an investigation 
under this section in time to submit a re-
port within the 180-day period specified 
under subparagraph (A), the inspector 
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general may extend the period for not 
more than 90 days without agreeing with 
the person submitting the complaint to 
such extension, provided that the inspector 
general provides to the person submitting 
the complaint a written explanation (sub-
ject to the authority to exclude information 
under paragraph (4)(C)) for the decision. 
‘‘(iii) SEMI-ANNUAL REPORT ON EX-
TENSIONS.—The inspector general shall in-
clude in semi-annual reports to Congress a 
list of those investigations for which the in-
spector general received an extension. 
‘‘(3) DISCRETION NOT TO INVESTIGATE COM-
PLAINTS.— 
‘‘(A) IN GENERAL.—The inspector general 
may decide not to conduct or continue an inves-
tigation under this section upon providing to 
the person submitting the complaint a written 
explanation (subject to the authority to exclude 
information under paragraph (4)(C)) for such 
decision. 
‘‘(B) SEMI-ANNUAL REPORT.—The inspec-
tor general shall include in semi-annual reports 
to Congress a list of those investigations the in-
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