Pub. L. 114-261 - An act to enhance whistleblower protection for contractor and grantee employees.

114th Congress

Affects: 10 U.S.C. §§ 2324, 2409; 41 U.S.C. §§ 4304, 4310, 4712

SECTION 1. ENHANCEMENT OF WHISTLEBLOWER PROTECTION FOR CONTRACTOR AND GRANTEE EMPLOYEES.

(a)(1) Section 2409(a)(1) of title 10, United States Code, is amended by inserting “or personal services contractor” after “subgrantee”.

(a)(2) 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”.

(a)(3)(A) Section 4712 of title 41, United States Code, is amended—

(a)(3)(A)(i) in the section heading by striking “Pilot program for enhancement” and inserting “Enhancement”; and

(a)(3)(A)(ii) by striking subsection (i).

(a)(3)(B) The table of sections at the beginning of chapter 47 of title 41, United States47 USC prec. 4701. Code, is amended by striking the item relating to section 4712 and inserting the following new item:

(a)(3)(B) “4712. Enhancement of contractor protection from reprisal for disclosure of certain information.”.

(b)(1) Section 2324(k) of title 10, United States Code, is amended—

(b)(1)(A) by inserting “or subcontractor, or personal services contractor” after “contractor” each place it appears;

(b)(1)(B) by inserting “, subcontract, or personal services contract” after “contract” each place it appears; and

(b)(1)(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”.

(b)(2)(A) Section 4310 of title 41, United States Code, is amended—

(b)(2)(A)(i) by inserting “, subcontractor, or personal services contractor” after “contractor” each place it appears;

(b)(2)(A)(ii) by inserting “, subcontract, or personal services contract” after “contract” each place it appears; and

(b)(2)(A)(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)(2)(B) Section 4304(a)(15) of title 41, United States Code, is amended by inserting “or subcontractor, or personal service contractor” after “contractor”.

(c) 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).

Legislative History

LEGISLATIVE HISTORY—S. 795:

CONGRESSIONAL RECORD, Vol. 162 (2016):

June 23, considered and passed Senate.

Dec. 5, considered and passed House.