S. 795 — Reported in Senate

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