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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle F—Other Matters

P. L. 116-

House Conference Report   116-617

(1) it does not require its employees to sign internal confidentiality agreements or statements that would prohibit or otherwise restrict such employees from lawfully reporting waste, fraud, or abuse related to the performance of a Department of Defense contract to a designated investigative or law enforcement representative of the Department of Defense authorized to receive such information; and

(2) it will inform its employees of the limitations on confidentiality agreements and other statements described in paragraph (1).

(b) Reliance on Representation.--A contracting officer of the Department of Defense may rely on the representation of a contractor as to the requirements described under subsection (a) in awarding a contract unless the officer has reason to question the accuracy of the representation.

The House bill contained a provision (sec. 813) that would amend sections 2409(a) of title 10 and 4712(a) of title 31, United States Code, to clarify that an employee of a Federal government contractor, subcontractor, grantee, subgrantee, or personal services contractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to law enforcement or investigative personnel, fraud, waste, or abuse with regard to a government contract or grant, even if that employee had previously signed or was subject to a non-disclosure agreement.

The Senate amendment contained no similar provision.

The House recedes with an amendment that would prohibit the Secretary of Defense from awarding a contract to a contractor that requires its employees to sign internal confidentiality agreements or statements that would prohibit or otherwise restrict such employees from lawfully reporting waste, fraud, or abuse related to the performance of a Department of Defense contract to a designated investigative or law enforcement representative of the Department authorized to receive such information. Further, the amendment would require each contractor to inform its employees of the limitations on confidentiality agreements and other statements imposed by the provision.

The conferees direct the Secretary of Defense to provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives, not later than 180 days after the date of the enactment of this Act, detailing the Department's plan and mechanism for ensuring contractor compliance with the statutory prohibition against reprisal against an employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor for disclosing information that the employee reasonably believes is evidence of gross mismanagement of a DOD contract or grant; an abuse of authority; a violation of law, rule, or mismanagement related to a Department contract or grant; or a substantial and specific danger to public health or safety.

House Committee Report 116-442 Accompanying H. R. 6395

Section 813--Contractor Whistleblower Protections Relating to Nondisclosure Agreements

This section would amend section 2409 of title 10, United States Code, and section 4712 of title 41, United States Code, to clarify that contractors, subcontractors, or grantees are protected from reprisal for disclosure of certain information, including gross mismanagement of a Federal contract or grant or an abuse of authority relating to a Federal contract or grant.