A bill to enhance whistleblower protection for contractor and grantee employees.

Bill: 114-s-795
Sponsor: full_name: Sen. McCaskill, Claire [D-MO]
Introduced: 2015-03-18
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: 2016-12-14
text: Became Public Law No: 114-261.

Summaries:
action_date: 2015-03-18
action_desc: Introduced in Senate
text: <p>This bill applies whistleblower protections to employees of defense and civilian personal services contractors, subcontractors, grantees, or subgrantees and extends the prohibition against reimbursement of legal fees incurred in defending against reprisal claims brought by whistleblowers to defense and civilian subcontractors. </p>

action_date: 2016-06-07
action_desc: Reported to Senate with amendment(s)
text: <p>(Sec. 1) 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: 2016-06-23
action_desc: Passed Senate amended
text: <p>(This measure has not been amended since it was reported to the Senate on June 7, 2016. The summary of that version is repeated here.)</p> <p>(Sec. 1) 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: 2016-12-05
action_desc: Passed House without amendment
text: <p>(This measure has not been amended since it was reported to the Senate on June 7, 2016. The summary of that version is repeated here.)</p> <p>(Sec. 1) 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: 2016-12-14
action_desc: Public Law
text: <p>(This measure has not been amended since it was reported to the Senate on June 7, 2016. The summary of that version is repeated here.)</p> <p>(Sec. 1) 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: II 114th CONGRESS 1st Session S. 795 IN THE SENATE OF THE UNITED STATES March 18, 2015 Mrs. McCaskill introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To enhance whistleblower protection for contractor and grantee employees.

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 striking or subcontractor and inserting , personal services contractor, subcontractor, grantee, or subgrantee . (2) Civilian grants Section 4712(a)(1) of title 41, United States Code, is amended by striking or grantee and inserting personal services contractor, grantee, or subgrantee . (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 after contractor each place it appears; (B) by inserting or subcontract 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 or subcontractor after contractor each place it appears; (ii) by inserting or subcontract 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 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 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: 114th CONGRESS 2d Session S. 795 IN THE SENATE OF THE UNITED STATES AN ACT To enhance whistleblower protection for contractor and grantee employees.

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— (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).

Passed the Senate June 23, 2016. Secretary

tv_txt: 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. 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).

Passed the Senate June 23, 2016. Julie E. Adams, Secretary

tv_txt: II Calendar No. 506 114th CONGRESS 2d Session S. 795 [Report No. 114–270] 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. 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 striking or subcontractor and inserting , personal services contractor, subcontractor, grantee, or subgrantee . (2) Civilian grants Section 4712(a)(1) of title 41, United States Code, is amended by striking or grantee and inserting personal services contractor, grantee, or subgrantee . (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 after contractor each place it appears; (B) by inserting or subcontract 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 or subcontractor after contractor each place it appears; (ii) by inserting or subcontract 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 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 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).

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— (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).

June 7, 2016 Reported with an amendment

tv_txt: One Hundred Fourteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Monday, the fourth day of January, two thousand and sixteen S. 795 IN THE SENATE OF THE UNITED STATES AN ACT To enhance whistleblower protection for contractor and grantee employees.

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— (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).

Speaker of the House of Representatives Vice President of the United States and President of the Senate