Whistleblower Protections for Contractors Act

Bill: 114-hr-5920
Sponsor: full_name: Rep. Cummings, Elijah E. [D-MD-7]
Introduced: 2016-07-21
Policy area: Government Operations and Politics
Subjects: Civil actions and liability

Congressional oversight

Defense spending

Employment discrimination and employee rights

Government ethics and transparency, public corruption

Government studies and investigations

Legal fees and court costs

Military procurement, research, weapons development

Public contracts and procurement
Latest action: action_date: 2016-11-29
text: Placed on the Union Calendar, Calendar No. 657.

Summaries:
action_date: 2016-07-21
action_desc: Introduced in House
text: <p><b>Whistleblower Protections for Contractors Act</b></p> <p>This bill extends federal contractor whistleblower protections to employees of: (1) personal services contractors working on defense contracts (currently, the protections apply to employees of defense contractors, subcontractors, grantees, or subgrantees); and (2) personal services contractors or subgrantees working on federal civilian contracts (currently, the protections apply to employees of civilian contractors, subcontractors, or grantees). The civilian contractor protections, which are currently in effect as a pilot program, are made permanent. </p> <p>The bill extends the prohibition against reimbursement of legal fees incurred in defending against reprisal claims brought by whistleblowers to defense and civilian subcontractors and personal services contractors. </p>

action_date: 2016-11-29
action_desc: Reported to House without amendment, Part I
text: <p>(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)</p> <p><b>Whistleblower Protections for Contractors Act</b></p> <p>(Sec. 2) This bill extends federal contractor whistle-blower protections to employees of: (1) personal services contractors working on defense contracts (currently, the protections apply to employees of defense contractors, subcontractors, grantees, or subgrantees); and (2) personal services contractors or subgrantees working on federal civilian contracts (currently, the protections apply to employees of civilian contractors, subcontractors, or grantees). The civilian contractor protections, which are currently in effect as a pilot program, are made permanent. </p> <p>The bill extends the prohibition against reimbursement of legal fees incurred in defending against reprisal claims brought by whistle-blowers to defense and civilian subcontractors and personal services contractors. </p>

tv_txt: I 114th CONGRESS 2d Session H. R. 5920 IN THE HOUSE OF REPRESENTATIVES July 21, 2016 Mr. Cummings (for himself, Mr. Chaffetz , Mr. Conyers , Mr. Lynch , and Mr. Jeffries ) introduced the following bill; which was 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 A BILL To enhance whistleblower protection for contractor and grantee employees.

1. Short title This Act may be cited as the Whistleblower Protections for Contractors Act . 2. 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).

tv_txt: IB Union Calendar No. 657 114th CONGRESS 2d Session H. R. 5920 [Report No. 114–836, Part I] IN THE HOUSE OF REPRESENTATIVES July 21, 2016 Mr. Cummings (for himself, Mr. Chaffetz , Mr. Conyers , Mr. Lynch , and Mr. Jeffries ) introduced the following bill; which was 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 November 29, 2016 Additional sponsor: Ms. Duckworth November 29, 2016 Reported from the Committee on Oversight and Government Reform November 29, 2016 The Committee on Armed Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To enhance whistleblower protection for contractor and grantee employees.

1. Short title This Act may be cited as the Whistleblower Protections for Contractors Act . 2. 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).

November 29, 2016 Reported from the Committee on Oversight and Government Reform November 29, 2016 The Committee on Armed Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed