[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3855 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3855

  To ensure ethical and accountable use of COVID-19 relief funds, to 
  prevent corruption and bias in the disbursement and supervision of 
                  those funds, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 1, 2020

 Ms. Warren (for herself, Mr. Blumenthal, Mr. Coons, Mr. Merkley, Mr. 
Markey, Ms. Harris, Mr. Udall, Mr. Sanders, Mr. Wyden, Mr. Booker, Mr. 
  Durbin, Ms. Klobuchar, Ms. Hirono, and Mr. Heinrich) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To ensure ethical and accountable use of COVID-19 relief funds, to 
  prevent corruption and bias in the disbursement and supervision of 
                  those funds, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coronavirus Oversight and Recovery 
Ethics Act of 2020'' or the ``CORE Act''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``abuse of authority'' means an arbitrary and 
        capricious exercise of authority by a contracting officer or 
        employee that adversely affects the rights of any individual, 
        or that results in personal gain or advantage to the officer or 
        employee or to preferred other individuals;
            (2) the term ``CARES Act'' means the CARES Act (Public Law 
        116-136);
            (3) the term ``Coronavirus pandemic-related program, 
        project, or activity''--
                    (A) means a program, project, or activity of the 
                executive branch of the Federal Government authorized 
                under or carried out using amounts made available under 
                an Act to respond to or to provide aid or assistance to 
                address, relief from, or funding to address the 
                outbreak of COVID-19 that is enacted before, on, or 
                after the date of enactment of this Act; and
                    (B) includes any program, project, or activity of 
                the executive branch of the Federal Government 
                authorized under or carried out using amounts made 
                available under--
                            (i) the Paycheck Protection Program and 
                        Health Care Enhancement Act (Public Law 116-
                        139), or an amendment made by that Act;
                            (ii) the CARES Act, or an amendment made by 
                        that Act;
                            (iii) the Families First Coronavirus 
                        Response Act (Public Law 116-127), or an 
                        amendment made by that Act; or
                            (iv) the Coronavirus Preparedness and 
                        Response Supplemental Appropriations Act, 2020 
                        (Public Law 116-123), or an amendment made by 
                        that Act;
            (4) the term ``covered contract'' means a contract that--
                    (A) has a value of more than $150,000; and
                    (B) relates to the administration or execution of 
                authorities under a Coronavirus pandemic-related 
                program, project, or activity;
            (5) the term ``covered contractor'' means a private sector 
        contractor (at any tier) or advisor providing goods, property, 
        or services under a covered contract;
            (6) the term ``covered funds'' means any contract, 
        subcontract, grant, subgrant, loan, loan guarantee, or other 
        payment for which--
                    (A) the Federal Government provides any portion of 
                the funds or property that is provided, requested, or 
                demanded; and
                    (B) any portion of the funds are appropriated or 
                otherwise made available under or to carry out a 
                Coronavirus pandemic-related program, project, or 
                activity;
            (7) the term ``designated agency ethics official'' has the 
        meaning given that term under section 109 of the Ethics in 
        Government Act of 1978 (5 U.S.C. App.);
            (8) the term ``Director'' means the Director of the Office 
        of Government Ethics;
            (9) the term ``employee''--
                    (A) except as provided under subparagraph (B), 
                means an individual performing services on behalf of an 
                employer, including any individual working for an 
                employer under a contract with such employer (including 
                a contractor, subcontractor, or agent of an employer); 
                and
                    (B) does not include any Federal employee or member 
                of the uniformed services (as that term is defined in 
                section 101(a)(5) of title 10, United States Code);
            (10) the term ``ethics and conflicts of interest 
        regulations'' means the regulations issued by the Director 
        under subsection (b) of section 3, in accordance with the 
        requirements under section 3;
            (11) the term ``non-Federal employer''--
                    (A) means any employer--
                            (i) with respect to covered funds--
                                    (I) the contractor, subcontractor, 
                                grantee, subgrantee, or recipient, as 
                                the case may be, if the contractor, 
                                subcontractor, grantee, subgrantee, or 
                                recipient is an employer; and
                                    (II) any professional membership 
                                organization, certification or other 
                                professional body, any agent or 
                                licensee of the Federal Government, or 
                                any person acting directly or 
                                indirectly in the interest of an 
                                employer receiving covered funds; or
                            (ii) with respect to covered funds received 
                        by a State or local government, the State or 
                        local government receiving the funds and any 
                        contractor or subcontractor of the State or 
                        local government; and
                    (B) does not mean any department, agency, or other 
                entity of the Federal Government;
            (12) the term ``reprisal'', for purposes of section 11, 
        means an action (or, as applicable, inaction) that is 
        discharging, demoting, blacklisting, or acting or failing to 
        take an action in a manner prejudicial against, or otherwise 
        discriminating against in any way (including in the hiring 
        process and including by the threat of any such action or 
        inaction) an employee, former employee, or individual seeking 
        employment as described in section 11(a)(1) for engaging in, 
        being perceived as engaging in, or preparing to engage in the 
        disclosure of information as described in such section;
            (13) the term ``senior executive'' means an individual--
                    (A) employed by a private employer; and
                    (B) who--
                            (i) receives annual compensation from the 
                        private employer in an amount that is more that 
                        $1,000,000;
                            (ii) has direct authority over more than 1 
                        percent of the funds provided under a 
                        Coronavirus pandemic-related program, project, 
                        or activity; or
                            (iii) for an employee of a private employer 
                        for which the annual average revenue for the 
                        period of 2017, 2018, and 2019 is not less than 
                        $1,000,000,000, is 1 of the 100 most highly 
                        compensated executives of the private employer; 
                        and
            (14) the term ``State or local government'' means--
                    (A) the government of each of the several States, 
                the District of Columbia, the Commonwealth of Puerto 
                Rico, Guam, American Samoa, the Virgin Islands, the 
                Commonwealth of the Northern Mariana Islands, or any 
                other territory or possession of the United States; or
                    (B) the government of any political subdivision of 
                a government listed in subparagraph (A).

SEC. 3. ETHICS AND CONFLICTS OF INTEREST.

    (a) Purpose.--The purpose of this section is to set forth standards 
to address and prevent conflicts of interest or abuses of authority 
that may arise in connection with the administration and execution of 
the authorities under a Coronavirus pandemic-related program, project, 
or activity, including under the CARES Act.
    (b) Standards Required.--The Director shall issue regulations 
necessary to address and prevent conflicts of interest or abuses of 
authority that may arise in connection with the administration or 
execution of the authorities under a Coronavirus pandemic-related 
program, project, or activity, including--
            (1) conflicts arising in the selection or hiring of covered 
        contractors or advisors, including contractors, banks, and 
        other private sector entities involved in the administration of 
        programs or services authorized under paragraph (36) of section 
        7(a) of the Small Business Act (15 U.S.C. 636(a)) or under 
        section 4003 of the CARES Act;
            (2) the management, administration, or distribution of 
        funds, grants, loans, loan guarantees, or other investments 
        under a Coronavirus pandemic-related program, project, or 
        activity;
            (3) post-employment restrictions on Federal officers and 
        employees;
            (4) any exercise of authority by Federal officers and 
        employees that adversely affects the rights of any person, or 
        that results in personal gain or advantage to the officer or 
        employee; and
            (5) any other potential conflict of interest or abuse of 
        authority, as the Director determines necessary or appropriate 
        in the public interest.
    (c) Timing.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, but in any event not later than 60 days 
        after such date of enactment, the Director shall issue the 
        ethics and conflicts of interest regulations.
            (2) Waiver to ensure compliance with timing.--To the extent 
        compliance with the requirements under subchapter II of chapter 
        5 of title 5, United States Code, would prevent the Director 
        from complying with the timeframe specified under paragraph (1) 
        for issuance of the ethics and conflicts of interest 
        regulations, such subchapter shall not apply to the issuance of 
        the ethics and conflicts of interest regulations.
    (d) Scope.--The ethics and conflicts of interest regulations shall 
address actual and potential conflicts of interest, or circumstances 
that give rise to the appearance of a conflict of interest to a 
reasonable person, including--
            (1) any actual or potential personal conflict of interest, 
        including any personal, business, or financial interest of any 
        individual involved in the administration or execution of the 
        authorities under a Coronavirus pandemic-related program, 
        project, or activity or such an interest of a spouse, child, 
        parent, sibling, son-in-law, or daughter-in-law of such an 
        individual; and
            (2) any actual or potential conflict of interest of a 
        covered contractor, including any political activity that 
        creates the appearance of a conflict of interest to a 
        reasonable person, or any situation in which a covered 
        contractor has an interest or relationship that could cause a 
        reasonable person with knowledge of the relevant facts to 
        question the objectivity, impartiality, or judgment of the 
        covered contractor to perform under a covered contract or to 
        represent the Federal Government.
    (e) Contractors and Advisors.--
            (1) Compliance program.--The ethics and conflicts of 
        interest regulations shall require--
                    (A) a covered contractor to maintain a compliance 
                program reasonably designed to detect and prevent 
                violations of Federal law, including Federal securities 
                laws, and conflicts of interest; and
                    (B) that such a compliance program--
                            (i) include plans to mitigate any conflict 
                        of interest, including any personal conflict of 
                        interest of any individual performing duties 
                        under a covered contract;
                            (ii) allow for the Director or the 
                        designated agency ethics official for the 
                        applicable Federal agency to disapprove any 
                        plan described in clause (i) that is 
                        insufficient;
                            (iii) be posted by the covered contractor 
                        on the public website of the covered 
                        contractor; and
                            (iv) be provided to the Director or to the 
                        designated agency ethics official for the 
                        applicable Federal agency.
            (2) Information required.--The ethics and conflicts of 
        interest regulations shall require a covered contractor to 
        provide to the Director or the designated agency ethics 
        official for the applicable Federal agency, upon request or 
        through a process specified in the ethics and conflicts of 
        interest regulations, sufficient information to evaluate any 
        conflict of interest, which may include--
                    (A) the relationship of the covered contractor to 
                any other involved contractors or advisors;
                    (B) information concerning all other business or 
                financial interests of the covered contractor, the 
                proposed subcontractors of the covered contractor, or 
                entities related to the covered contractor (including 
                any parent company or subsidiary of a covered 
                contractor, any entity holding more than a 5 percent 
                equity interest in the covered contractor, and any 
                entity in which the covered contractor holds more than 
                a 5 percent equity interest);
                    (C) a description of all of the conflicts of 
                interest and potential conflicts of interest of the 
                covered contractor;
                    (D) a detailed written plan to mitigate all of the 
                conflicts of interest and potential conflicts of 
                interest of the covered contractor, along with 
                supporting documents; and
                    (E) any other information or documentation about 
                the covered contractor, the proposed subcontractors of 
                the covered contractor, or entities related to the 
                covered contractor that the Director or the designated 
                agency ethics official for the applicable Federal 
                agency may request.
            (3) Terms of contract or agreement.--
                    (A) In general.--On and after the effective date of 
                the ethics and conflicts of interest regulations, the 
                Federal Government may not enter into (or renew) a 
                covered contract, unless the covered contract includes 
                enforceable terms and conditions to enforce the ethics 
                and conflicts of interest regulations.
                    (B) Existing contracts.--With respect to a covered 
                contract entered into before the effective date of the 
                ethics and conflicts of interest regulations, the head 
                of the Federal agency that entered into the covered 
                contract and the contracting officers of the Federal 
                agency shall make efforts, to the maximum extent 
                practicable and as part of the first amendment or 
                modification to the contract after such effective date, 
                to update the covered contract to include and enforce 
                the ethics and conflicts of interest regulations.
            (4) Written certification.--The ethics and conflicts of 
        interest regulations--
                    (A) shall require a covered contractor to submit, 
                under penalty of perjury, to the Director or the 
                designated agency ethics official for the applicable 
                Federal agency a written certification--
                            (i) certifying that no conflicts of 
                        interest exists (and that individuals 
                        performing services under the covered contract 
                        have no personal conflicts of interest); or
                            (ii) explaining in detail--
                                    (I) the extent to which the covered 
                                contractor can certify and describe the 
                                actions the covered contractor has 
                                taken and plans to take to mitigate any 
                                conflict of interest; and
                                    (II) the timeframe for 
                                implementation for the actions 
                                described in subclause (I); and
                    (B) may specify the frequency with which a covered 
                contractor shall submit a written certification 
                described in subparagraph (A).
            (5) Retention of information.--The ethics and conflicts of 
        interest regulations shall require covered contractors to--
                    (A) retain the information needed to comply with 
                this section, including the written certifications 
                required by this section, for a specified period of 
                time; and
                    (B) make such information available to the Director 
                or the designated agency ethics official for the 
                applicable Federal agency upon request.
            (6) Concurrent activities.--The ethics and conflicts of 
        interest regulations may restrict certain market activities by 
        a covered contractor that are likely to cause impermissible 
        conflicts of interest.
            (7) Rule of construction regarding procurement integrity 
        act.--Nothing in this section shall be construed to modify the 
        application of chapter 21 of title 41, United States Code, to 
        covered contracts or to covered contractors.
    (f) Individual Conflicts of Interest.--
            (1) Personal or financial conflicts of interest.--The 
        ethics and conflicts of interest regulations shall ensure that 
        any individual (including any officer or employee of the 
        executive branch of the Federal Government) who participates 
        personally and substantially in the administration or execution 
        of any Coronavirus pandemic-related program, project, or 
        activity, through, for example, decision, approval, 
        disapproval, recommendation, or the rendering of advice, has no 
        personal or financial conflict of interest (including a 
        situation that would cause a reasonable person with knowledge 
        of the relevant facts to question the objectivity, 
        impartiality, or judgment of the individual in such 
        performance, or the ability of the individual to represent the 
        interests of the Federal Government), unless mitigation 
        measures have addressed the conflict to the satisfaction of the 
        Director or the designated agency ethics official for the 
        applicable Federal agency, or the conflict is waived in 
        accordance with waiver rules.
            (2) Information required.--
                    (A) In general.--The ethics and conflicts of 
                interest regulations may require certain officers or 
                employees of the Federal Government to submit, in 
                writing, information about their personal, business, 
                and financial relationships, and such relationships of 
                their spouses and dependent children, that would cause 
                a reasonable person with knowledge of the relevant 
                facts to question the objectivity, impartiality, or 
                judgment of the officer or employee or the ability of 
                the officer or employee to represent the interests of 
                the Federal Government.
                    (B) Minimization of duplication.--To the extent 
                practicable, the ethics and conflicts of interest 
                regulations should ensure that the submission of 
                information under subparagraph (A) does duplicate the 
                financial disclosures required under the Ethics in 
                Government Act of 1978 (5 U.S.C. App.).
                    (C) Disclosure.--The ethics and conflicts of 
                interest regulations shall provide for appropriate and 
                reasonable public disclosure of any information 
                submitted under subparagraph (A).
            (3) Disqualification.--
                    (A) In general.--The ethics and conflicts of 
                interest regulations shall specify circumstances in 
                which an officer or employee of the Federal Government 
                with an actual or potential personal conflict of 
                interest is disqualified from performing work as part 
                of the administration or execution of any Coronavirus 
                pandemic-related program, project, or activity unless 
                mitigation measures have addressed the conflict to the 
                satisfaction of the Director or the designated agency 
                ethics official for the applicable Federal agency.
                    (B) Waiver.--The ethics and conflicts of interest 
                regulations may establish a process by which 
                individuals may seek a waiver of disqualification from 
                the Director or the designated agency ethics official 
                for the applicable Federal agency if it is clear from 
                the totality of the circumstances that a waiver is in 
                the interest of the Federal Government.
    (g) Gifts.--
            (1) In general.--The ethics and conflicts of interest 
        regulations shall restrict officers and employees of the 
        Federal Government and covered contractors involved in the 
        administration or execution of the authorities under a 
        Coronavirus pandemic-related program, project, or activity and 
        covered contractors from accepting or soliciting favors, gifts, 
        or other items of significant monetary value from any 
        individual or entity seeking official action from the Federal 
        Government in connection with the administration or execution 
        of the authorities under a Coronavirus pandemic-related 
        program, project, or activity.
            (2) Rule of construction regarding existing gift 
        limitations.--Nothing in this subsection shall be construed to 
        modify the application of subpart B of part 2635 of title 5, 
        Code of Federal Regulations (relating to gifts from outside 
        sources).
    (h) Improper Use.--
            (1) In general.--The ethics and conflicts of interest 
        regulations shall restrict the improper use of property of the 
        United States for the benefit of any individual or entity other 
        than the United States in the administration or execution of 
        the authorities under a Coronavirus pandemic-related program, 
        project, or activity.
            (2) Rule of construction regarding existing use of 
        information limitations.--Nothing in this subsection shall be 
        construed to modify the application of section 2635.703 of 
        title 5, Code of Federal Regulations (relating to use of 
        nonpublic information).
    (i) Promises and Pledges.--
            (1) In general.--The ethics and conflicts of interest 
        regulations shall restrict officers and employees of the 
        Federal Government involved in the administration or execution 
        of the authorities under a Coronavirus pandemic-related 
        program, project, or activity and covered contractors from 
        making any unauthorized promise or commitment on behalf of the 
        United States in the administration or execution of the 
        authorities under a Coronavirus pandemic-related program, 
        project, or activity.
            (2) Rule of construction regarding antideficiency act.--
        Nothing in this subsection shall be construed to modify the 
        application of section 1341 of title 31, United States Code 
        (relating to limitations on expending and obligating amounts).
    (j) Post-Employment Restrictions.--The ethics and conflicts of 
interest regulations--
            (1) shall establish post-employment restrictions (in 
        addition to the restrictions in effect under section 207 of 
        title 18, United States Code) applicable to officers and 
        employees of the Federal Government involved in the 
        administration or execution of the authorities under a 
        Coronavirus pandemic-related program, project, or activity 
        necessary to ensure ethical administration of the Coronavirus 
        pandemic-related program, project, or activity, which shall, at 
        a minimum, prohibit such an officer or employee of an executive 
        agency from engaging in lobbying activities with respect to the 
        executive agency during the 5-year period beginning on the date 
        of separation from service with the executive agency; and
            (2) may include restrictions on officers and employees of 
        the Federal Government involved in the administration or 
        execution of the authorities under a Coronavirus pandemic-
        related program, project, or activity seeking, negotiating, 
        discussing, or accepting employment or compensation from any 
        private sector entity with respect to which the officer or 
        employee personally or substantially participated in (through 
        decision, approval, disapproval, recommendation) the provision 
        of funds, grants, loans, loan guarantees, or other investments 
        under the Coronavirus pandemic-related program, project, or 
        activity.
    (k) Communications With Government Employees.--The ethics and 
conflicts of interest regulations shall prohibit, during the course of 
any process for selecting a covered contractor (including any process 
using non-competitive procedures), an entity participating in the 
process or a representative of the entity from--
            (1) directly or indirectly making any offer or promise of 
        future employment or business opportunity to, or engaging 
        directly or indirectly in any discussion of future employment 
        or business opportunity with, any officer or employee of the 
        Federal Government with personal or direct responsibility for 
        that procurement;
            (2) offering, giving, or promising to offer or give, 
        directly or indirectly, any money, gratuity, or other thing of 
        value to any officer or employee of the Federal Government, 
        except as otherwise permitted by law; or
            (3) soliciting or obtaining from any officer or employee of 
        the Federal Government, directly or indirectly, any information 
        that is not public and was prepared for use by the United 
        States for the purpose of evaluating an offer, quotation, or 
        response to enter into an arrangement with the United States.
    (l) Laws Applied.--
            (1) In general.--Nothing in this section shall be construed 
        to modify that any individual who acts for or on behalf of the 
        United States in the administration and execution of the 
        authorities under a Coronavirus pandemic-related program, 
        project, or activity--
                    (A) shall comply with sections 201 and 208 of title 
                18, United States Code; and
                    (B) may be subject to criminal penalties for 
                violating such sections.
            (2) False statements.--Nothing in this section shall be 
        construed to modify the application of section 1001 of title 
        18, United States Code (relating to the making of any false or 
        fraudulent statement to a Federal officer), to any information 
        or certification submitted to the United States by an 
        individual or entity under the ethics and conflicts of interest 
        regulations.
            (3) Criminal referral and reporting.--If the Director or a 
        designated agency ethics official receives information 
        indicating that any individual or entity has violated any 
        provision of title 18, United States Code, or another provision 
        of criminal law (including any provision involving fraud, 
        conflict of interest, bribery, or gratuity violations under 
        title 18, United States Code) or violated sections 3729 through 
        3733 of title 31, United States Code (commonly known as the 
        ``False Claims Act''), in the administration or execution of 
        the authorities under a Coronavirus pandemic-related program, 
        project, or activity, the Director or designated agency ethics 
        official shall refer the alleged violation to the Attorney 
        General and report the alleged violation to the Special 
        Inspector General for Pandemic Relief, the Congressional 
        Oversight Commission, and the Pandemic Response Accountability 
        Committee.
    (m) Conflicts of Interest Enforcement.--
            (1) Penalties.--The ethics and conflicts of interest 
        regulations shall provide that--
                    (A) if an officer or employee of the Federal 
                Government violates a requirement under the ethics and 
                conflicts of interest regulations, the Director may 
                take necessary and appropriate action authorized under 
                section 402 of the Ethics in Government Act of 1978 (5 
                U.S.C. App.); and
                    (B) if a covered contractor violates a requirement 
                under the ethics and conflicts of interest regulations, 
                the Director may impose or pursue sanctions, which may 
                include--
                            (i) termination of the covered contract;
                            (ii) debarment of the covered contractor 
                        for Federal Government contracting or otherwise 
                        disqualifying the covered contractor from 
                        receiving Federal contracts;
                            (iii) requiring the covered contractor to 
                        remove 1 or more employees of the covered 
                        contractor from the performance of the covered 
                        contract;
                            (iv) requiring the covered contractor to 
                        terminate a subcontract;
                            (v) suspension of payments under the 
                        covered contract until the covered contractor 
                        has taken appropriate remedial action;
                            (vi) loss of award fee, consistent with the 
                        award fee plan, for the performance period 
                        during which the Director determines the 
                        covered contractor violated the requirement;
                            (vii) declining to exercise available 
                        options under the covered contract; or
                            (viii) the imposition or recommendation of 
                        any other remedy available under the terms of 
                        the covered contract or another provision of 
                        law.
            (2) Reporting to other oversight entities.--The ethics and 
        conflicts of interest regulations shall require the Director 
        and a designated agency ethics official to report any violation 
        of a requirement under the ethics and conflicts of interest 
        regulations and any action taken by the Director relating to 
        the violation to the Special Inspector General for Pandemic 
        Recovery, the Congressional Oversight Commission, and the 
        Pandemic Response Accountability Committee.
    (n) Waivers.--The ethics and conflicts of interest regulations may 
establish a process under which a requirement under the ethics and 
conflicts of interest regulations may be waived if it is clear from the 
totality of the circumstances that a waiver is in the interest of the 
Federal Government.
    (o) Funding.--There is appropriated to the Director for the fiscal 
year ending September 30, 2020, out of any money in the Treasury not 
otherwise appropriated, $25,000,000 to carry out this section, to 
remain available until expended.

SEC. 4. SPECIAL GOVERNMENT EMPLOYEE AND WHITE HOUSE TASK FORCE MEMBER 
              ETHICS.

    (a) Definitions.--In this section:
            (1) Covered special government employee.--The term 
        ``covered special Government employee'' means an individual 
        who--
                    (A) is appointed by the President to serve on a 
                White House task force to address the outbreak of 
                COVID-19; or
                    (B)(i) is--
                            (I) appointed by the President under 
                        section 710(b)(1) of the Defense Production Act 
                        of 1950 (50 U.S.C. 4560(b)(1));
                            (II) a provider of a voluntary and 
                        uncompensated service described in section 
                        621(c)(3) of the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act (42 U.S.C. 
                        5197(c)(3)); or
                            (III) a special Government employee (as 
                        defined in section 202(a) of title 18, United 
                        States Code); and
                    (ii) advises, consults, or otherwise works on a 
                Coronavirus pandemic-related program, project, or 
                activity.
            (2) Periodic transaction report.--The term ``periodic 
        transaction report'' means a report containing the information 
        required for a report of a transaction under section 103(l) of 
        the Ethics in Government Act of 1978 (5 U.S.C. App.).
            (3) Public financial disclosure report.--The term ``public 
        financial disclosure report'' means a report that includes a 
        full and complete statement with respect to the items described 
        in paragraphs (1) through (8) of section 102(a) of the Ethics 
        in Government Act of 1978 (5 U.S.C. App.).
            (4) Transaction.--The term ``transaction'' means a 
        transaction required to be reported under section 102(a)(5)(B) 
        of the Ethics in Government Act of 1978 (5 U.S.C. App.).
    (b) Requirement.--
            (1) In general.--A covered special Government employee 
        shall file with the Director or the designated agency ethics 
        official of the agency served by the covered special Government 
        employee--
                    (A) for an individual serving as a covered special 
                Government employee on the date of enactment of this 
                Act, not later than the later of 30 days after the date 
                of enactment of this Act, a public financial disclosure 
                report;
                    (B) for an individual appointed to a position as a 
                covered special Government employee on or after the 
                date of enactment of this Act, not later than 30 days 
                after the date of the appointment, a public financial 
                disclosure report;
                    (C) not later than 30 days after the special 
                Government employee is notified of a transaction to 
                which the special Government employee is a party, but 
                in no case later than 45 days after such transaction, a 
                periodic transaction report; and
                    (D) not later than 30 days after separating from 
                service as a covered special Government employee, a 
                public financial disclosure report.
            (2) Submission to office of government ethics.--Not later 
        than 15 days after a designated agency ethics official receives 
        a report from a covered special Government employee under 
        paragraph (1), the designated agency ethics official shall 
        submit a copy of the report to the Director.
    (c) Office of Government Ethics.--
            (1) Public availability.--Not later than 15 days after the 
        date on which the Director receives a report under subsection 
        (b)(1) or (b)(2), the Director shall make the report publicly 
        available on the website of the Office of Government Ethics.
            (2) Quarterly reviews.--Not later than 90 days after the 
        date of enactment of this Act, and every 90 days thereafter 
        until the date that is 2 years after the date of enactment of 
        this Act, the Director shall--
                    (A) conduct a review to create and update a list of 
                the names of every covered special Government employee; 
                and
                    (B) ensure that--
                            (i) each covered special Government 
                        employee on the list described in subparagraph 
                        (A) has timely filed--
                                    (I) the public financial disclosure 
                                report required under subparagraph (A) 
                                or (B) of subsection (b)(1);
                                    (II) each periodic transaction 
                                report required under subsection 
                                (b)(1)(C); and
                                    (III) if appropriate, the public 
                                financial disclosure report required 
                                under subsection (b)(1)(D); and
                            (ii) each report received by the Director 
                        under subsection (b)(1) and (b)(2) has been 
                        made publicly available on the website of the 
                        Office of Government Ethics.

SEC. 5. CARES ACT CONFLICT OF INTEREST EXPANSIONS.

    (a) Small Business Programs.--Section 4019 of the CARES Act (Public 
Law 116-136) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(7) Small business assistance.--The term `small business 
        assistance' means assistance provided under--
                    ``(A) paragraph (36) of section 7(a) of the Small 
                Business Act (15 U.S.C. 636(a)), as added by section 
                1102 of this Act; or
                    ``(B) section 1103, 1108, 1110, or 1112 of this 
                Act.'';
            (2) in subsection (b)--
                    (A) by inserting ``or provisions relating to small 
                business assistance'' after ``this subtitle''; and
                    (B) by inserting ``or for any small business 
                assistance'' before the period at the end; and
            (3) in subsection (c)--
                    (A) by inserting ``or seeking any small business 
                assistance'' after ``4003'';
                    (B) by inserting ``or small business assistance'' 
                after ``that transaction'';
                    (C) by inserting ``or the Administrator of the 
                Small Business Administration, as applicable,'' after 
                ``System''; and
                    (D) by inserting ``or receive the small business 
                assistance'' after ``in that transaction''.
    (b) Definition of Covered Individual.--Section 4019(a) of the CARES 
Act is amended by striking paragraph (3) and inserting the following:
            ``(3) Covered individual.--The term `covered individual' 
        means--
                    ``(A) the President, the Vice President, the head 
                of an Executive department, a Member of Congress, an 
                individual appointed by the President under subsection 
                (a) or (b) of section 105 of title 3, United States 
                Code, or an individual who is otherwise appointed by 
                the President to serve as assistant to the President or 
                deputy assistant to the President and holds a 
                commission of appointment from the President as a 
                civilian employee; and
                    ``(B) the spouse, parent, sibling, child, son-in-
                law, or daughter-in-law, as determined under applicable 
                common law, of an individual described in subparagraph 
                (A).''.

SEC. 6. LOBBYING DISCLOSURES AND RESTRICTIONS.

    (a) Definitions.--In this section:
            (1) In general.--The terms ``client'', ``covered executive 
        branch official'', ``covered legislative branch official'', 
        ``employee'', ``lobbying activities'', ``lobbying contact'', 
        and ``person or entity'' have the meanings given the terms in 
        section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
        1602).
            (2) Registrant.--The term ``registrant'' means a person 
        registered under section 4 of the Lobbying Disclosure Act of 
        1995 (2 U.S.C. 1603).
    (b) Registrant Report.--Every 30 days beginning on the date of 
enactment of this Act, any registrant who engages in lobbying 
activities related to a Coronavirus pandemic-related program, project, 
or activity on behalf of the client of the registrant shall file a 
report with the Secretary of the Senate and the Clerk of the House of 
Representatives on its lobbying activities during such 30 day period. A 
separate report shall be filed for each client of the registrant.
    (c) Contents of the Report.--The reports required under subsection 
(b) shall include--
            (1) a statement of--
                    (A) each specific issue with respect to which the 
                registrant, or any employee of the registrant, engaged 
                in lobbying activities, including, to the maximum 
                extent practicable, a statement of each Coronavirus 
                pandemic-related program, project, or activity and 
                reference to any specific Federal rule or regulation, 
                Executive order, or any other program, policy, or 
                position of the United States Government;
                    (B) each lobbying activity related to a Coronavirus 
                pandemic-related program, project, or activity that the 
                registrant has engaged in on behalf of the client, 
                including--
                            (i) each Coronavirus pandemic-related 
                        document submitted by the registrant to any 
                        executive branch official;
                            (ii) each Coronavirus pandemic-related 
                        meeting conducted that constituted a lobbying 
                        contact, including the specific subject of the 
                        meeting, the date of the meeting, and the name 
                        and position of each individual who was a party 
                        to the meeting;
                            (iii) each Coronavirus pandemic-related 
                        phone call made that constituted a lobbying 
                        contact, including the subject of the phone 
                        call, the date of the phone call, and the name 
                        and position of each individual who was a party 
                        to the phone call; and
                            (iv) each Coronavirus pandemic-related 
                        email or other electronic communication sent 
                        that constituted a lobbying contact, including 
                        the subject of the email, the date of the 
                        email, and the name and position of each 
                        individual who was a party to the email;
                    (C) the name of each employee of the registrant who 
                did not participate in the lobbying contact but engaged 
                in lobbying activities related to a Coronavirus 
                pandemic-related program, project, or activity in 
                support of the lobbying contact and a description of 
                any such lobbying activity; and
                    (D) with respect to any person or entity retained 
                by the registrant to engage in lobbying activities 
                related to a Coronavirus pandemic-related program, 
                project, or activity on behalf of the client of the 
                registrant--
                            (i) the name, address, business telephone 
                        number, and principal place of business of the 
                        person or entity;
                            (ii) a description of any lobbying activity 
                        by the person or entity on behalf of the client 
                        of the registrant;
                            (iii) the amount the registrant paid to the 
                        person or entity for any lobbying activity by 
                        the person or entity on the behalf of the 
                        client of the registrant;
                            (iv) the name of each employee of the 
                        person or entity who supervised any lobbying 
                        activity by the person or entity on behalf of 
                        the client of the registrant; and
                            (v) the official action or inaction 
                        requested in the course of the lobbying 
                        activity; and
            (2) a copy of any document transmitted to an executive 
        branch official in the course of any lobbying activity related 
        to a Coronavirus pandemic-related program, project, or activity 
        by the registrant on behalf of the client.
    (d) Public Availability.--Not later than 7 days after the date on 
which the Secretary of the Senate and the Clerk of the House of 
Representatives receive a submission under subsection, Secretary of the 
Senate and the Clerk of the House of Representatives shall--
            (1) make such submission publicly available on a website; 
        and
            (2) submit to the Special Inspector General for Pandemic 
        Relief and the Pandemic Relief Accountability Committee records 
        documenting all lobbying activities related to a Coronavirus 
        pandemic-related program, project, or activity during the 
        previous 30-day period.
    (e) Prohibition.--An executive department or agency official shall 
not consider the view of a registrant concerning a Coronavirus 
pandemic-related program, project, or activity unless such views are 
expressed in writing and in accordance with this Section.
    (f) Oral Communication Lobbying Restriction.--Upon the scheduling 
of, and again at the outset of, any oral communication (in-person or 
telephonic) with any person or entity concerning a Coronavirus 
pandemic-related program, project, or activity, an executive department 
or agency official shall inquire whether any of the individuals or 
parties appearing or communicating concerning such program, project, or 
activity is a registrant. If so, the registrant may not attend or 
participate in the telephonic or in-person contact, but may submit a 
communication in writing and in accordance with this section.
    (g) General Policy Communication.--
            (1) In general.--An executive department or agency official 
        may generally communicate orally with registrants regarding a 
        Coronavirus pandemic-related program, project, or activity if 
        the oral communication does not extend to or touch upon 
        particular applications or applicants for covered funds.
            (2) Required inquiry.--Upon the scheduling of, and at the 
        outset of, any oral communication with any person or entity 
        concerning general policy issues related to a Coronavirus 
        pandemic-related program, project, or activity, an executive 
        department or agency official shall inquire whether any of the 
        individuals or parties appearing or communicating concerning 
        such issues is a registrant. If so, the official shall comply 
        with paragraph (1).
    (h) Enforcement.--
            (1) Violations.--A violation of this section by a 
        registrant or an individual who should have registered as a 
        registrant shall constitute a violation of the Lobbying 
        Disclosure Act of 1995 (2 U.S.C. 1601 et seq.).
            (2) Department of justice enforcement.--The Civil Division 
        of the Department of Justice shall enforce and investigate 
        alleged violations of this section.
            (3) Enforcement capacity.--The Civil Division of the 
        Department of Justice shall--
                    (A) designate at least 1 full-time investigator, 1 
                full-time paralegal and 1 full-time attorney to enforce 
                this section; and
                    (B) publicize a phone number and email that the 
                public may use to report possible violations of this 
                section.
            (4) Reporting violations.--The Office of the Clerk of the 
        House of Representatives, the Secretary of the Senate, and 
        private individuals may report suspected violations of this 
        section.
            (5) Egregious violations.--The Civil Division of the 
        Department of Justice shall refer egregious or willful 
        violations to the Criminal Division of the Department of 
        Justice for possible criminal enforcement. In determining 
        investigation and enforcement priorities, the Department of 
        Justice shall prioritize repeated violations of this section 
        and violations that demonstrate disregard for public health and 
        safety.
            (6) Referrals.--The Special Inspector General for Pandemic 
        Relief shall refer any evidence of alleged violation of this 
        section to the Civil Division of the Department of Justice.

SEC. 7. BAN ON POLITICAL SPENDING AND LOBBYING EXPENDITURES.

    (a) In General.--Section 4003(c) of the CARES Act is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (H), by striking ``and'' at the 
                end;
                    (B) in subparagraph (I), by striking the period at 
                the end and inserting the following:
                    ``(J) the agreement provides that, until the date 
                12 months after the date the loan or loan guarantee is 
                no longer outstanding, the eligible business shall not 
                make--
                            ``(i) any expenditures relating to Federal 
                        lobbying activities, as defined in section 3 of 
                        the Lobbying Disclosure Act of 1995 (2 U.S.C. 
                        1602); or
                            ``(ii) any dues payment to an organization 
                        described in section 501(c)(6) of the Internal 
                        Revenue Code of 1986 that may be used for 
                        expenditures described in clause (i); and
                    ``(K) the agreement provides that, until the date 
                12 months after the date the loan or loan guarantee is 
                no longer outstanding, the eligible business shall not 
                engage in political spending, including independent 
                expenditures through third-party organizations, 
                including payments to organizations described in 
                section 501(c)(6) or 501(c)(4) of the Internal Revenue 
                Code of 1986 or any political action committee that may 
                be used for political spending.''; and
            (2) in paragraph (3)(A)--
                    (A) in clause (ii)--
                            (i) in subclause (II), by striking ``and'' 
                        at the end;
                            (ii) in subclause (III), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by adding at the end the following:
                                    ``(VI) until the date 12 months 
                                after the date on which the loan or 
                                loan guarantee is no longer 
                                outstanding, not to make--
                                            ``(aa) any expenditures 
                                        relating to Federal lobbying 
                                        activities, as defined in 
                                        section 3 of the Lobbying 
                                        Disclosure Act of 1995 (2 
                                        U.S.C. 1602); or
                                            ``(bb) any dues payment to 
                                        an organization described in 
                                        section 501(c)(6) of the 
                                        Internal Revenue Code of 1986 
                                        that may be used for 
                                        expenditures described in item 
                                        (aa); and
                                    ``(VII) until the date 12 months 
                                after the date on which the loan or 
                                loan guarantee is no longer 
                                outstanding, not to engage in political 
                                spending, including independent 
                                expenditures through third-party 
                                organizations, including payments to 
                                organizations described in section 
                                501(c)(6) or 501(c)(4) of the Internal 
                                Revenue Code of 1986 or any political 
                                action committee that may be used for 
                                political spending.''; and
                    (B) by striking clause (iii).
    (b) Applicability.--The amendments made by subsection (a) shall 
apply to any loan, loan guarantee, or other investment under paragraph 
(1), (2), (3), or (4) of section 4003(b) of the CARES Act made on or 
after the date of enactment of this Act.

SEC. 8. REMOVAL OF INSPECTORS GENERAL; VACANCIES; CHANGE IN STATUS; 
              TERMS.

    (a) Removal for Cause.--
            (1) Inspectors general of establishments and designated 
        federal entities.--The Inspector General Act of 1978 (5 U.S.C. 
        App.) is amended--
                    (A) in section 3(b), by inserting after the first 
                sentence the following: ``An Inspector General may only 
                be removed by the President for permanent incapacity, 
                neglect of duty, malfeasance, conviction of a felony or 
                conduct involving moral turpitude, knowing violation of 
                a law, gross mismanagement, gross waste of funds, or 
                abuse of authority.''; and
                    (B) in section 8G(e), by adding at the end the 
                following:
    ``(3) An Inspector General may only be removed by the head of a 
designated Federal entity for permanent incapacity, neglect of duty, 
malfeasance, conviction of a felony or conduct involving moral 
turpitude, knowing violation of a law, gross mismanagement, gross waste 
of funds, or abuse of authority.''.
            (2) Inspector general of the intelligence community.--
        Section 103H(c)(4) of the National Security Act of 1947 (50 
        U.S.C. 3033(c)(4)) is amended, in the first sentence, by 
        inserting ``, and only for permanent incapacity, neglect of 
        duty, malfeasance, conviction of a felony or conduct involving 
        moral turpitude, knowing violation of a law, gross 
        mismanagement, gross waste of funds, or abuse of authority'' 
        before the period at the end.
            (3) Inspector general of the central intelligence agency.--
        Section 17(b)(6) of the Central Intelligence Act of 1949 (50 
        U.S.C. 3517(b)(6)) is amended, in the first sentence, by 
        inserting ``, and only for permanent incapacity, neglect of 
        duty, malfeasance, conviction of a felony or conduct involving 
        moral turpitude, knowing violation of a law, gross 
        mismanagement, gross waste of funds, or abuse of authority'' 
        before the period at the end.
            (4) Inspector general of the government accountability 
        office.--Section 705(b)(2) of title 31, United States Code, is 
        amended, in the first sentence, by inserting ``only for 
        permanent incapacity, neglect of duty, malfeasance, conviction 
        of a felony or conduct involving moral turpitude, knowing 
        violation of a law, gross mismanagement, gross waste of funds, 
        or abuse of authority'' before the period at the end.
            (5) Inspector general for the united states capitol 
        police.--Section 1004(b)(3) of the Legislative Branch 
        Appropriations Act, 2006 (2 U.S.C. 1909(b)(3)) is amended by 
        adding at the end the following: ``The Board may only remove 
        the Inspector General for permanent incapacity, neglect of 
        duty, malfeasance, conviction of a felony or conduct involving 
        moral turpitude, knowing violation of a law, gross 
        mismanagement, gross waste of funds, or abuse of authority.''.
            (6) Inspector general of the architect of the capitol.--
        Section 1301(c)(2)(A) of the Architect of the Capitol Inspector 
        General Act of 2007 (2 U.S.C. 1808(c)(2)(A)) is amended by 
        inserting ``only for permanent incapacity, neglect of duty, 
        malfeasance, conviction of a felony or conduct involving moral 
        turpitude, knowing violation of a law, gross mismanagement, 
        gross waste of funds, or abuse of authority'' before the period 
        at the end.
            (7) Inspector general of the library of congress.--Section 
        1307(c)(2)(A) of the Library of Congress Inspector General Act 
        of 2005 (2 U.S.C. 185(c)(2)(A)) is amended by inserting ``only 
        for permanent incapacity, neglect of duty, malfeasance, 
        conviction of a felony or conduct involving moral turpitude, 
        knowing violation of a law, gross mismanagement, gross waste of 
        funds, or abuse of authority'' before the period at the end.
            (8) Inspector general of the government publishing 
        office.--Section 3902(b)(1) of title 44, United States Code, is 
        amended by inserting ``only for permanent incapacity, neglect 
        of duty, malfeasance, conviction of a felony or conduct 
        involving moral turpitude, knowing violation of a law, gross 
        mismanagement, gross waste of funds, or abuse of authority'' 
        before the period at the end.
            (9) Severability.--If any provision of the amendments made 
        by this subsection, or the application of such a provision to 
        any person or circumstance, is held to be unconstitutional, the 
        remaining provisions of the amendments made by this subsection, 
        and the application of such provisions to any person or 
        circumstance, shall not be affected by the holding.
    (b) CIGIE Report on Removals.--Section 11(c) of the Inspector 
General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the 
following:
            ``(6) Additional responsibilities relating to removal of 
        inspectors general.--
                    ``(A) Definitions.--In this paragraph--
                            ``(i) the term `appropriate congressional 
                        committees' means--
                                    ``(I) the Committee on Homeland 
                                Security and Governmental Affairs and 
                                the Committee on the Judiciary of the 
                                Senate; and
                                    ``(II) the Committee on Oversight 
                                and Reform and the Committee on the 
                                Judiciary of the House of 
                                Representatives; and
                            ``(ii) the term `Inspector General' means--
                                    ``(I) an Inspector General 
                                appointed under section 3 or 8G;
                                    ``(II) the Inspector General of the 
                                Central Intelligence Agency established 
                                under section 17 of the Central 
                                Intelligence Agency Act of 1949 (50 
                                U.S.C. 3517);
                                    ``(III) the Inspector General of 
                                the Intelligence Community established 
                                under section 103H of the National 
                                Security Act of 1947 (50 U.S.C. 3033);
                                    ``(IV) the Special Inspector 
                                General for Afghanistan Reconstruction 
                                established under section 1229 of the 
                                National Defense Authorization Act for 
                                Fiscal Year 2008 (Public Law 110-181; 
                                122 Stat. 379);
                                    ``(V) the Special Inspector General 
                                for the Troubled Asset Relief Plan 
                                established under section 121 of the 
                                Emergency Economic Stabilization Act of 
                                2008 (12 U.S.C. 5231);
                                    ``(VI) the Inspector General for 
                                the Government Accountability Office 
                                established under section 705 of title 
                                31, United States Code;
                                    ``(VII) the Inspector General for 
                                the United States Capitol Police 
                                established under section 1004 of the 
                                Legislative Branch Appropriations Act, 
                                2006 (2 U.S.C. 1909);
                                    ``(VIII) the Inspector General of 
                                the Architect of the Capitol 
                                established under section 1301 of the 
                                Architect of the Capitol Inspector 
                                General Act of 2007 (2 U.S.C. 1808);
                                    ``(IX) the Inspector General of the 
                                Library of Congress established under 
                                section 1307 of the Library of Congress 
                                Inspector General Act of 2005 (2 U.S.C. 
                                185); and
                                    ``(X) the Inspector General of the 
                                Government Publishing Office 
                                established under section 3901 of title 
                                44, United States Code.
                    ``(B) Report.--In the event of a removal of an 
                Inspector General or an acting Inspector General, the 
                Council shall--
                            ``(i) investigate the reasons for removal 
                        provided by the President or relevant head of 
                        the establishment, designated Federal entity 
                        (as defined in section 8G), or Federal agency, 
                        as applicable, and publish a publicly available 
                        report with the findings of the Council and, in 
                        the case of an Inspector General or acting 
                        Inspector General appointed by the President, 
                        whether the reasons comply with the relevant 
                        provisions relating to for cause removal; and
                            ``(ii) review any investigation that was 
                        being conducted by the Inspector General or 
                        acting Inspector at the time of the removal and 
                        report to the appropriate congressional 
                        committees, and any other committee of Congress 
                        that the Council determines to be relevant, on 
                        whether the Council finds that the 
                        investigation led to the removal.''.
    (c) Vacancy in the Position of Inspector General.--
            (1) Inspectors general of establishments and designated 
        federal entities.--The Inspector General Act of 1978 (5 U.S.C. 
        App.) is amended--
                    (A) in section 3, by adding at the end the 
                following:
    ``(h)(1) In the event of a vacancy in the position of Inspector 
General--
            ``(A) section 3345(a) of title 5, United States Code, shall 
        not apply;
            ``(B) the first assistant to the position of Inspector 
        General who served in that position for not less than 30 days 
        immediately preceding the vacancy shall perform the functions 
        and duties of the Inspector General temporarily in an acting 
        capacity subject to the time limitations of section 3346 of 
        title 5, United States Code;
            ``(C) if there is no first assistant to the position of 
        Inspector General serving in that position for not less than 30 
        days immediately preceding the vacancy, the President may 
        direct a covered employee of the Office or another Office to 
        perform the functions and duties of the Inspector General 
        temporarily in an acting capacity, subject to the time 
        limitations of section 3346 of title 5, United States Code; and
            ``(D) the President may only remove the first assistant 
        described in subparagraph (B) or the covered employee directed 
        under subparagraph (C) after a 30-day period beginning on the 
        date on which the President provides Congress with a written 
        notification of the reasons for the removal.
    ``(2) If an Inspector General is removed from office, the following 
individuals may bring an action in the appropriate district court of 
the United States to challenge the removal:
            ``(A) The removed Inspector General.
            ``(B) Any member of the staff of the removed Inspector 
        General.
            ``(C) Any individual harmed by an action of the 
        establishment following the removal of the Inspector General 
        and before the position is filled by an individual appointed by 
        the President, with the advice and consent of the Senate.
    ``(3) Nothing in paragraph (1)(D) shall be construed to affect any 
protection provided to a covered employee under title 5, United States 
Code.
    ``(4) In this subsection, the term `covered employee' means an 
officer or employee who, as of the date on which the individual is 
directed under paragraph (1)(C), is an employee, as that term is 
defined in section 2105 of title 5, United States Code, who--
            ``(A) is permitted to submit an appeal to the Merit Systems 
        Protection Board from any action which is appealable to the 
        Board under any law, rule, or regulation; and
            ``(B) may obtain judicial review of the final order or 
        decision of the Board if the employee is adversely affected or 
        aggrieved by that order or decision.''; and
                    (B) in section 8G, by adding at the end the 
                following:
    ``(i)(1) In the event of a vacancy in the position of Inspector 
General--
            ``(A) the first assistant to the position of Inspector 
        General who served in that position for not less than 30 days 
        immediately preceding the vacancy shall perform the functions 
        and duties of the Inspector General temporarily in an acting 
        capacity until the head of the designated Federal entity 
        appoints a permanent Inspector General;
            ``(B) if there is no first assistant to the position of 
        Inspector General serving in that position for not less than 30 
        days immediately preceding the vacancy, the head of the 
        designated Federal entity shall direct a covered employee of 
        the Office of Inspector General or another Office of Inspector 
        General to perform the functions and duties of the Inspector 
        General temporarily in an acting capacity, until the head of 
        the designated Federal entity appoints a permanent Inspector 
        General; and
            ``(C) the head of the designated Federal entity may only 
        remove the first assistant described in subparagraph (A) or the 
        covered employee directed under subparagraph (B) after a 30-day 
        period beginning on the date on which the head of the 
        designated Federal entity provides Congress with a written 
        notification of the reasons for the removal.
    ``(2) If an Inspector General is removed from office, the following 
individuals may bring an action in the appropriate district court of 
the United States to challenge the removal:
            ``(A) The removed Inspector General.
            ``(B) Any member of the staff of the removed Inspector 
        General.
            ``(C) Any individual harmed by an action of the designated 
        Federal entity following the removal of the Inspector General 
        and before the position is filled by an individual appointed by 
        the head of the designated Federal entity.
    ``(3) Nothing in paragraph (1)(C) shall be construed to affect any 
protection provided to a covered employee under title 5, United States 
Code.
    ``(4) In this subsection, the term `covered employee' means an 
officer or employee who, as of the date on which the individual is 
directed under paragraph (1)(B), is an employee, as that term is 
defined in section 2105 of title 5, United States Code, who--
            ``(A) is permitted to submit an appeal to the Merit Systems 
        Protection Board from any action which is appealable to the 
        Board under any law, rule, or regulation; and
            ``(B) may obtain judicial review of the final order or 
        decision of the Board if the employee is adversely affected or 
        aggrieved by that order or decision.''.
            (2) Inspector general of the intelligence community.--
        Section 103H(c) of the National Security Act of 1947 (50 U.S.C. 
        3033(c)) is amended by adding at the end the following:
    ``(5) In the event of a vacancy in the position of Inspector 
General of the Intelligence Community, the provisions of section 3(h) 
of the Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if 
the Inspector General were an Inspector General of an establishment (as 
defined in section 12 of such Act (5 U.S.C. App.)).''.
            (3) Inspector general of the central intelligence agency.--
        Section 17(b) of the Central Intelligence Agency Act of 1949 
        (50 U.S.C. 3517(b)) is amended by adding at the end the 
        following:
    ``(7) In the event of a vacancy in the position of Inspector 
General of the Agency, the provisions of section 3(h) of the Inspector 
General Act of 1978 (5 U.S.C. App.) shall apply as if the Inspector 
General were an Inspector General of an establishment (as defined in 
section 12 of such Act (5 U.S.C. App.)).''.
            (4) Inspector general of the government accountability 
        office.--Section 705(b) of title 31, United States Code, is 
        amended--
                    (A) in the subsection heading, by inserting ``; 
                Vacancy; Term'' after ``Removal''; and
                    (B) by adding at the end the following:
            ``(4) In the event of a vacancy in the position of 
        Inspector General, the provisions of section 3(h) of the 
        Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if 
        the Inspector General were an Inspector General of an 
        establishment (as defined in section 12 of such Act (5 U.S.C. 
        App.)).''.
            (5) Inspector general for the united states capitol 
        police.--Section 1004(b) of the Legislative Branch 
        Appropriations Act, 2006 (2 U.S.C. 1909(b)) is amended by 
        adding at the end the following:
            ``(6) Vacancy.--In the event of a vacancy in the position 
        of Inspector General, the provisions of section 3(h) of the 
        Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if 
        the Inspector General were an Inspector General of an 
        establishment (as defined in section 12 of such Act (5 U.S.C. 
        App.)).''.
            (6) Inspector general of the architect of the capitol.--
        Section 1301(c) of the Architect of the Capitol Inspector 
        General Act of 2007 (2 U.S.C. 1808(c)) is amended--
                    (A) in the subsection heading, by inserting ``; 
                Vacancy; Term'' after ``Counsel''; and
                    (B) by adding at the end the following:
            ``(6) Vacancy.--In the event of a vacancy in the position 
        of Inspector General, the provisions of section 3(h) of the 
        Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if 
        the Inspector General were an Inspector General of an 
        establishment (as defined in section 12 of such Act (5 U.S.C. 
        App.)).''.
            (7) Inspector general of the library of congress.--Section 
        1307(c) of the Library of Congress Inspector General Act of 
        2005 (2 U.S.C. 185(c)) is amended--
                    (A) in the subsection heading, by inserting ``; 
                Vacancy; Term'' after ``Counsel''; and
                    (B) by adding at the end the following:
            ``(6) Vacancy.--In the event of a vacancy in the position 
        of Inspector General, the provisions of section 3(h) of the 
        Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if 
        the Inspector General were an Inspector General of an 
        establishment (as defined in section 12 of such Act (5 U.S.C. 
        App.)).''.
            (8) Inspector general of the government publishing 
        office.--Section 3902 of title 44, United States Code, is 
        amended by adding at the end the following:
    ``(f) In the event of a vacancy in the position of Inspector 
General, the provisions of section 3(h) of the Inspector General Act of 
1978 (5 U.S.C. App.) shall apply as if the Inspector General were an 
Inspector General of an establishment (as defined in section 12 of such 
Act (5 U.S.C. App.)).''.
            (9) Special inspector general for afghanistan 
        reconstruction.--Section 1229(c) of the National Defense 
        Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
        Stat. 379) is amended--
                    (A) in the subsection heading, by inserting 
                ``Vacancy; Term'' after ``Removal''; and
                    (B) by adding at the end the following:
            ``(7) Vacancy.--In the event of a vacancy in the position 
        of Inspector General, the provisions of section 3(h) of the 
        Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if 
        the Inspector General were an Inspector General of an 
        establishment (as defined in section 12 of such Act (5 U.S.C. 
        App.)).''.
            (10) Special inspector general for the troubled asset 
        relief plan.--Section 121(b) of the Emergency Economic 
        Stabilization Act of 2008 (12 U.S.C. 5231(b)) is amended by 
        adding at the end the following:
            ``(7) In the event of a vacancy in the position of Special 
        Inspector General, the provisions of section 3(h) of the 
        Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if 
        the Special Inspector General were an Inspector General of an 
        establishment (as defined in section 12 of such Act (5 U.S.C. 
        App.)).''.
    (d) Temporary Inspector General.--Section 3345 of title 5, United 
States Code, is amended by adding at the end the following:--
    ``(d) Notwithstanding subsection (a), if the President fails to 
submit a nominee to the Senate for an Inspector General of an office 
established under section 2 of the Inspector General Act of 1978 (5 
U.S.C. App.) within 210 days after a vacancy occurs in the position, a 
temporary Inspector General shall be appointed to the vacant position 
by a panel of not fewer than 3 inspectors general, who shall be 
appointed by the Chair of the Council of the Inspectors General on 
Integrity and Efficiency for the purpose of making such an appointment.
    ``(e) When appointing a temporary Inspector General pursuant to 
subsection (d), the panel shall select the appointee from the list of 
suggested individuals submitted by the Council of the Inspectors 
General on Integrity and Efficiency pursuant to section 11(c)(1)(F) of 
the Inspector General Act of 1978 (5 U.S.C. App.).
    ``(f) A temporary Inspector General appointed in accordance with 
subsection (d)--
            ``(1) is not subject to the term limitations of section 
        3346; and
            ``(2) may serve as Temporary Inspector General--
                    ``(A) until such time that a permanent Inspector 
                General is confirmed by the Senate; or
                    ``(B) until the temporary Inspector General is 
                removed from office by the President, who may only 
                remove the temporary Inspector General if the 
                President, not later than 30 days before the removal, 
                communicates in writing the reasons for the removal to 
                both Houses of Congress.''.
    (e) Change in Status.--
            (1) Change in status of inspectors general of 
        establishments.--Section 3(b) of the Inspector General Act of 
        1978 (5 U.S.C. App.) is amended, in the second sentence--
                    (A) by inserting ``, is placed on paid or unpaid 
                non-duty status,'' after ``is removed from office'';
                    (B) by inserting ``, change in status,'' after 
                ``any such removal''; and
                    (C) by inserting ``, change in status,'' after 
                ``before the removal''.
            (2) Change in status of inspectors general of designated 
        federal entities.--Section 8G(e)(2) of the Inspector General 
        Act of 1978 (5 U.S.C. App.) is amended, in the first sentence--
                    (A) by inserting ``, is placed on paid or unpaid 
                non-duty status,'' after ``office'';
                    (B) by inserting ``, change in status,'' after 
                ``any such removal''; and
                    (C) by inserting ``, change in status,'' after 
                ``before the removal''.
    (f) Term of Office.--
            (1) Inspectors general of establishments and designated 
        federal entities.--The Inspector General Act of 1978 (5 U.S.C. 
        App.) is amended--
                    (A) in section 3, as amended by this section, by 
                adding at the end the following:
    ``(i) The term of office of each Inspector General shall be 7 
years. An individual may serve for more than 1 term in such office, if 
the individual is appointed by the President, by and with the advice 
and consent of the Senate, for each such term. Any individual appointed 
and confirmed to fill a vacancy in such position, occurring before the 
expiration of the term for which his or her predecessor was appointed, 
shall be appointed and confirmed for a full 7-year term.''; and
                    (B) in section 8G(c)--
                            (i) by inserting ``(1)'' after ``(c)''; and
                            (ii) by adding at the end the following:
    ``(2) The term of office of each Inspector General shall be 7 
years. An individual may serve for more than 1 term in such office. Any 
individual appointed to fill a vacancy in such position, occurring 
before the expiration of the term for which his or her predecessor was 
appointed, shall be appointed for a full 7-year term.''.
            (2) Inspector general of the intelligence community.--
        Section 103H(c) of the National Security Act of 1947 (50 U.S.C. 
        3033(c)), as amended by this section, is amended by adding at 
        the end the following:
    ``(6) The term of office of the Inspector General shall be 7 years. 
An individual may serve for more than 1 term in such office. Any 
individual appointed to fill a vacancy in such position, occurring 
before the expiration of the term for which his or her predecessor was 
appointed, shall be appointed for a full 7-year term.''.
            (3) Inspector general of the central intelligence agency.--
        Section 17(b) of the Central Intelligence Agency Act of 1949 
        (50 U.S.C. 3517(b)), as amended by this section, is amended by 
        adding at the end the following:
    ``(8) The term of office of the Inspector General shall be 7 years. 
An individual may serve for more than 1 term in such office. Any 
individual appointed to fill a vacancy in such position, occurring 
before the expiration of the term for which his or her predecessor was 
appointed, shall be appointed for a full 7-year term.''.
            (4) Inspector general of the government accountability 
        office.--Section 705(b) of title 31, United States Code, as 
        amended by this section, is amended by adding at the end the 
        following:
            ``(5) The term of office of the Inspector General shall be 
        7 years. An individual may serve for more than 1 term in such 
        office. Any individual appointed to fill a vacancy in such 
        position, occurring before the expiration of the term for which 
        his or her predecessor was appointed, shall be appointed for a 
        full 7-year term.''.
            (5) Inspector general for the united states capitol 
        police.--Section 1004(b) of the Legislative Branch 
        Appropriations Act, 2006 (2 U.S.C. 1909(b)), as amended by this 
        section, is amended by adding at the end the following:
            ``(7) Term.--The term of office of the Inspector General 
        shall be 7 years. An individual may serve for more than 1 term 
        in such office. Any individual appointed to fill a vacancy in 
        such position, occurring before the expiration of the term for 
        which his or her predecessor was appointed, shall be appointed 
        for a full 7-year term.''.
            (6) Inspector general of the architect of the capitol.--
        Section 1301(c) of the Architect of the Capitol Inspector 
        General Act of 2007 (2 U.S.C. 1808(c)), as amended by this 
        section, is amended by adding at the end the following:
            ``(7) Term.--In the event of a vacancy in the position of 
        Inspector General, the provisions of section 3(h) of the 
        Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if 
        the Inspector General were an Inspector General of an 
        establishment (as defined in section 12 of such Act (5 U.S.C. 
        App.)).''.
            (7) Inspector general of the library of congress.--Section 
        1307(c) of the Library of Congress Inspector General Act of 
        2005 (2 U.S.C. 185(c)), as amended by this section, is amended 
        by adding at the end the following:
            ``(7) Term.--The term of office of the Inspector General 
        shall be 7 years. An individual may serve for more than 1 term 
        in such office. Any individual appointed to fill a vacancy in 
        such position, occurring before the expiration of the term for 
        which his or her predecessor was appointed, shall be appointed 
        for a full 7-year term.''.
            (8) Inspector general of the government publishing 
        office.--Section 3902 of title 44, United States Code, as 
        amended by this section, is amended by adding at the end the 
        following:
    ``(g) The term of office of the Inspector General shall be 7 years. 
An individual may serve for more than 1 term in such office. Any 
individual appointed to fill a vacancy in such position, occurring 
before the expiration of the term for which his or her predecessor was 
appointed, shall be appointed for a full 7-year term.''.
            (9) Special inspector general for afghanistan 
        reconstruction.--Section 1229(c) of the National Defense 
        Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
        Stat. 379), as amended by this section, is amended by adding at 
        the end the following:
            ``(8) Term.--The term of office of the Inspector General 
        shall be 7 years. An individual may serve for more than 1 term 
        in such office. Any individual appointed to fill a vacancy in 
        such position, occurring before the expiration of the term for 
        which his or her predecessor was appointed, shall be appointed 
        for a full 7-year term.''.
            (10) Special inspector general for the troubled asset 
        relief plan.--Section 121(b) of the Emergency Economic 
        Stabilization Act of 2008 (12 U.S.C. 5231(b)), as amended by 
        this section, is amended by adding at the end the following:
            ``(9) The term of office of the Special Inspector General 
        shall be 7 years. An individual may serve for more than 1 term 
        in such office. Any individual appointed to fill a vacancy in 
        such position, occurring before the expiration of the term for 
        which his or her predecessor was appointed, shall be appointed 
        for a full 7-year term.''.
            (11) Application.--
                    (A) In general.--The amendments made by this 
                subsection shall apply to an Inspector General of the 
                Intelligence Community, an Inspector General of the 
                Central Intelligence Agency, an Inspector General of 
                the Government Accountability Office, an Inspector 
                General for the United States Capitol Police, an 
                Inspector General of the Architect of the Capitol, an 
                Inspector General of the Library of Congress, an 
                Inspector General of the Government Publishing Office, 
                a Special Inspector General for Afghanistan 
                Reconstruction, a Special Inspector General for the 
                Troubled Asset Relief Plan, and an Inspector General of 
                an establishment or a designated Federal entity, as 
                defined in sections 12 and 8G(a) of the Inspector 
                General Act of 1978 (5 U.S.C. App.), respectively, 
                appointed before, on, or after the date of enactment of 
                this Act.
                    (B) Term.--The term of office of an Inspector 
                General described in subparagraph (A) serving on the 
                date of enactment of this Act is deemed to begin on 
                such date of enactment.
    (g) Rule of Construction.--Nothing in this section shall be 
construed to supersede or otherwise affect any protection for an 
Inspector General against an adverse job action that is in existence as 
of the date of enactment of this Act.

SEC. 9. STRENGTHENING THE CONGRESSIONAL OVERSIGHT COMMISSION.

    Section 4020 of the CARES Act is amended--
            (1) in subsection (b)(1)(A), by striking ``this subtitle by 
        the Department of the Treasury and the Board of Governors of 
        the Federal Reserve System, including efforts of the Department 
        and the Board to provide economic stability as a result of the 
        coronavirus disease 2019 (COVID-19) pandemic of 2020'' and 
        inserting ``each Coronavirus pandemic-related program, project, 
        or activity, as defined in section 2 of the Coronavirus 
        Oversight and Recovery Ethics Act''; and
            (2) in subsection (e), by striking paragraph (1) and 
        inserting the following:
            ``(1) Hearings and evidence.--
                    ``(A) In general.--The Oversight Commission, or any 
                subcommittee or member thereof, may, for the purpose of 
                carrying out this section hold hearings, sit and act at 
                times and places, take testimony, and receive evidence 
                as the Oversight Commission considers appropriate and 
                may administer oaths or affirmations to witnesses 
                appearing before it.
                    ``(B) Subpoenas.--
                            ``(i) In general.--In holding hearings and 
                        receiving evidence under this paragraph, the 
                        Commission may issue subpoenas to compel the 
                        attendance of and testimony by witnesses and 
                        the production any book, check, canceled check, 
                        correspondence, communication, document, email, 
                        papers, physical evidence, record, recording, 
                        tape, or other material (including electronic 
                        records) relating to any matter or question the 
                        Commission is authorized to oversee.
                            ``(ii) Enforcement.--In the case of 
                        contumacy or failure to obey a subpoena issued 
                        under clause (i), the United States district 
                        court for the judicial district in which the 
                        subpoenaed person resides, is served, or may be 
                        found, or where the subpoena is returnable, may 
                        issue an order requiring such person to appear 
                        at any designated place to testify or to 
                        produce documentary or other evidence. Any 
                        failure to obey the order of the court may be 
                        punished by the court as a contempt of that 
                        court.''.

SEC. 10. CONSULTATION WITH PANDEMIC RESPONSE ACCOUNTABILITY COMMITTEE 
              AND SPECIAL INSPECTOR GENERAL.

    Section 15010 of the CARES Act (Public Law 116-136) is amended by 
adding at the end the following:
    ``(l)(1) Not less frequently than once per week, the Secretary 
shall--
            ``(A) confer with the Chairman of the Committee, the 
        Executive Director of the Committee, and the Special Inspector 
        General for Pandemic Recovery; and
            ``(B) submit to the appropriate congressional committees a 
        list of each request for assistance or information that was 
        unreasonably withheld or not provided to the Committee or the 
        Special Inspector General for Pandemic Recovery, as determined 
        by the Chairman of the Committee and the Executive Director of 
        the Committee or the Special Inspector General for Pandemic 
        Recovery, as applicable.
    ``(2) The Secretary and the Chairman of the Committee and the 
Executive Director of the Committee or the Special Inspector General 
for Pandemic Recovery, as applicable, shall include with the list 
described in paragraph (1)(B) a written certification, under penalty of 
perjury, that the list is true and correct.
    ``(3) None of the funds made available under this Act or any other 
Act may be used to pay the salary of the Secretary or any political 
appointee of the Department of the Treasury if the Secretary does not 
submit the list described in paragraph (1)(B).
    ``(4) If any provision of this section is held to be 
unconstitutional or if the Secretary does not comply with this section, 
the provisions of this Act giving the Secretary discretion to provide 
assistance shall be deemed void and unenforceable.''.

SEC. 11. PROTECTING WHISTLEBLOWERS.

    (a) Prohibition of Reprisals.--
            (1) In general.--An employee of, former employee of, or 
        individual seeking employment with any non-Federal employer or 
        Federal personal services contractor receiving covered funds 
        may not be discharged, demoted, blacklisted, prejudiced by any 
        action or lack of action, or otherwise discriminated against in 
        any way (including in the hiring process and including by the 
        threat of any such action or inaction) for disclosing, being 
        perceived as disclosing, or preparing to disclose (including a 
        disclosure made in the ordinary course of an employee's duties) 
        to an officer or entity described in paragraph (2) information 
        that the employee, former employee, or individual seeking 
        employment reasonably believes would require the employee to 
        violate this Act, or that the employee, former employee, or 
        individual seeking employment reasonably believes is evidence 
        of misconduct that violates, obstructs, or undermines any 
        statutes, rules, or regulations with respect to any Coronavirus 
        pandemic-related program, project, or activity, including--
                    (A) gross mismanagement of an agency contract, 
                subcontract, grant, or subgrant relating to covered 
                funds;
                    (B) a gross waste of covered funds;
                    (C) a substantial and specific danger to public 
                health or safety;
                    (D) an abuse of authority related to the 
                distribution, implementation, or use of covered funds, 
                including conflict of interest or partiality; and
                    (E) a violation of any statute, rule, or regulation 
                related to an agency contract, subcontract (including 
                the competition for or negotiation of a contract or 
                subcontract), grant, or subgrant, awarded, or issued 
                relating to covered funds.
            (2) Officers and entities.--The officers and entities 
        described in this paragraph are--
                    (A) the Pandemic Response Accountability Committee;
                    (B) an inspector general, including the Special 
                Inspector General for Pandemic Relief;
                    (C) the Congressional Oversight Commission;
                    (D) the Comptroller General of the United States;
                    (E) a Member of Congress;
                    (F) a congressional committee;
                    (G) a State or Federal regulatory or law 
                enforcement agency;
                    (H) an individual with supervisory authority over 
                the employee (or such other person working for the non-
                Federal employer who has the authority to investigate, 
                discover, or terminate misconduct);
                    (I) a court or grand jury;
                    (J) an officer or representative of a labor 
                organization; or
                    (K) the head of a Federal agency or a designee of 
                such a head.
            (3) Application.--
                    (A) In general.--For the purposes of paragraph 
                (1)--
                            (i) an employee, former employee, or 
                        individual seeking employment who initiates or 
                        provides evidence of misconduct by a 
                        contractor, subcontractor, grantee, or 
                        subgrantee in any judicial or administrative 
                        proceeding relating to waste, fraud, or abuse 
                        in connection with a Federal contract or grant 
                        shall be deemed to have made a disclosure 
                        covered by such paragraph; and
                            (ii) any discharge, demotion, 
                        discrimination, or other reprisal described in 
                        paragraph (1) is prohibited even if it is 
                        undertaken at the request of an executive 
                        branch officer or employee, unless the request 
                        takes the form of a non-discretionary directive 
                        and is within the authority of the executive 
                        branch official making the request.
                    (B) Protection of whistleblower identity.--
                            (i) In general.--Except as required by law, 
                        an officer or entity described in paragraph (2) 
                        that receives information under paragraph (1) 
                        and any individual or entity to which the 
                        officer or entity discloses the information may 
                        not disclose the identity or identifying 
                        information of the individual providing the 
                        information without explicit written consent of 
                        the individual.
                            (ii) Notice.--If disclosure of the identity 
                        or identifying information of an individual 
                        providing information under paragraph (1) is 
                        required by law, the recipient shall provide 
                        timely notice of the disclosure to the 
                        individual.
    (b) Investigation of Complaints.--
            (1) Complaints.--
                    (A) In general.--An individual who believes that 
                the individual has been subjected to a reprisal 
                prohibited under subsection (a) may, within 3 years 
                after learning of the alleged reprisal, submit a 
                complaint regarding the reprisal to the Secretary of 
                Labor in accordance with the rules and procedures under 
                subsection (c)(1).
                    (B) Response.--Not later than 60 days after the 
                submission of a complaint under subparagraph (A), the 
                applicable non-Federal employer shall submit an answer 
                to the complaint to the Secretary of Labor.
                    (C) Investigation.--Except as provided under 
                paragraph (3), and unless the Secretary of Labor 
                determines that a complaint submitted under 
                subparagraph (A) is frivolous, does not relate to 
                covered funds, or another Federal or State judicial or 
                administrative proceeding has previously been invoked 
                to resolve such complaint, the Secretary of Labor shall 
                investigate the complaint and, upon completion of such 
                investigation, submit a report to the individual 
                submitting the complaint, the applicable non-Federal 
                employer, the head of the appropriate agency, Congress, 
                the Congressional Oversight Committee, the Special 
                Inspector General for Pandemic Relief (as appropriate), 
                any appropriate inspector general, and the Pandemic 
                Response Accountability Committee detailing the 
                findings of the investigation.
                    (D) Occupational safety and health 
                administration.--The Secretary of Labor shall ensure 
                that investigations of complaints under this subsection 
                are carried out by the Assistant Secretary for 
                Occupational Safety and Health, which may be through a 
                whistleblower protection program or office of the 
                Occupational Safety and Health Administration.
            (2) Time limitations for actions.--
                    (A) In general.--Except as provided under 
                subparagraph (B), not later than 180 days after 
                receiving a complaint under paragraph (1), the 
                Secretary of Labor shall--
                            (i) make a determination that the complaint 
                        is frivolous, does not relate to covered funds, 
                        or another Federal or State judicial or 
                        administrative proceeding previously has been 
                        invoked to resolve such complaint; or
                            (ii) submit a report described in paragraph 
                        (1)(C).
                    (B) Extensions.--
                            (i) Voluntary extension agreed to between 
                        the secretary of labor and complainant.--If the 
                        Secretary of Labor is unable to complete an 
                        investigation under this subsection in time to 
                        submit a report within the 180-day period 
                        specified under subparagraph (A) and the 
                        individual submitting the complaint agrees to 
                        an extension of time, the Secretary of Labor 
                        shall submit a report described in paragraph 
                        (1)(C) within such additional period of time as 
                        shall be agreed upon between the Secretary of 
                        Labor and the individual submitting the 
                        complaint.
                            (ii) Extension granted by the secretary of 
                        labor.--If the Secretary of Labor is unable to 
                        complete an investigation under this subsection 
                        in time to submit a report within the 180-day 
                        period specified under subparagraph (A), the 
                        Secretary of Labor may extend the period for 
                        not more than an additional 180 days without 
                        the individual submitting the complaint 
                        agreeing to such extension, if the Secretary of 
                        Labor provides to the individual and the non-
                        Federal employer, if the employer is a 
                        defendant in the individual's complaint a 
                        written explanation for the decision, from 
                        which the Secretary of Labor may exclude 
                        information in accordance with paragraph 
                        (4)(C).
            (3) Discretion not to investigate complaints.--
                    (A) In general.--The Secretary of Labor may decide 
                not to conduct or continue an investigation under this 
                subsection upon providing to the individual submitting 
                the complaint and the non-Federal employer, if 
                applicable, a written explanation for such decision, 
                from which the Secretary of Labor may exclude 
                information in accordance with paragraph (4)(C).
                    (B) Assumption of rights to civil remedy.--Upon 
                receipt of an explanation of a decision not to conduct 
                or continue an investigation under subparagraph (A), 
                the individual submitting the complaint shall be deemed 
                to have exhausted all administrative remedies with 
                respect to the complaint for purposes of subsection 
                (c), without regard to the 210-day period specified 
                under paragraph (4) of such subsection, and immediately 
                assume the right to a civil remedy under subsection 
                (c)(4).
            (4) Access to investigative file of the secretary of 
        labor.--
                    (A) In general.--An individual alleging a reprisal 
                under this section shall have access to the 
                investigation file of the Secretary of Labor in 
                accordance with section 552a of title 5, United States 
                Code (commonly referred to as the ``Privacy Act''). The 
                investigation of the Secretary of Labor shall be deemed 
                closed for purposes of disclosure under such section 
                when an individual files an appeal to an agency head or 
                a court of competent jurisdiction.
                    (B) Civil action.--In the event an individual 
                alleging the reprisal under this section brings a civil 
                action under subsection (c)(4), the individual and the 
                non-Federal employer, if applicable, shall have access 
                to the investigative file of the Secretary of Labor in 
                accordance with section 552a of title 5, United States 
                Code.
                    (C) Exception.--The Secretary of Labor may exclude 
                from disclosure--
                            (i) information protected from disclosure 
                        by a provision of law; and
                            (ii) any additional information the 
                        Secretary of Labor determines disclosure of 
                        which would impede a continuing investigation, 
                        if such information is disclosed once such 
                        disclosure would no longer impede such 
                        investigation, unless the Secretary of Labor 
                        determines that disclosure of law enforcement 
                        techniques, procedures, or information could 
                        reasonably be expected to risk circumvention of 
                        the law or disclose the identity of a 
                        confidential source.
            (5) Privacy of information.--The Secretary of Labor 
        investigating an alleged reprisal under this section may not 
        respond to any inquiry or disclose any information from or 
        about any individual alleging such reprisal, except in 
        accordance with the provisions of section 552a of title 5, 
        United States Code, or as required by any other applicable 
        Federal law.
            (6) Semiannual report.--Not later than 180 days after the 
        date of enactment of this Act, and every 6 months thereafter 
        for 5 years, the Secretary of Labor shall submit a report to 
        Congress, which shall include--
                    (A) a list of any investigations for which the 
                period was extended under clause (i) or (ii) of 
                paragraph (2)(B); and
                    (B) a list of any investigations the Secretary of 
                Labor decided not to conduct or continue, pursuant to 
                paragraph (3).
    (c) Remedy and Enforcement Authority.--
            (1) Rules and procedures.--Except to the extent provided 
        otherwise in this section, the Secretary of Labor shall 
        establish rules and procedures for administrative 
        investigations, administrative hearings, appeals, and relief 
        under this section that, to the maximum extent practicable, are 
        similar to the rules and procedures set forth in section 
        7623(d) of the Internal Revenue Code of 1986 that apply to 
        persons alleging a discharge or other reprisal under paragraph 
        (1) of such section.
            (2) Burden of proof.--The Secretary of Labor, head of an 
        agency, or officer presiding in a judicial or administrative 
        proceeding shall apply the legal burdens of proof specified in 
        section 1221(e) of title 5, in determining whether a reprisal 
        prohibited under this section has occurred in accordance with 
        the rules and procedures under paragraph (1).
            (3) Agency action.--
                    (A) In general.--Not later than 30 days after 
                receiving a report of the Secretary of Labor under 
                subsection (b), the head of the applicable agency 
                shall--
                            (i) determine whether there is sufficient 
                        basis to conclude that the non-Federal employer 
                        has subjected the complainant to a reprisal 
                        prohibited by subsection (a); and
                            (ii)(I) issue an order denying relief in 
                        whole or in part; or
                            (II) take 1 or more of the actions 
                        described in subparagraph (B).
                    (B) Actions.--The actions described in this 
                subparagraph are the following:
                            (i) Order the non-Federal employer to take 
                        affirmative action to abate the reprisal.
                            (ii) Order the non-Federal employer to 
                        reinstate the individual to the position that 
                        the individual held before the reprisal, 
                        together with the compensation (including 
                        double back pay), compensatory damages, 
                        employment benefits, and other terms and 
                        conditions of employment that would apply to 
                        the individual in that position if the reprisal 
                        had not been taken.
                            (iii) Order the non-Federal employer to pay 
                        the individual an amount equal to the aggregate 
                        amount of all costs and expenses (including 
                        attorney's fees and expert witness's fees) that 
                        were reasonably incurred by the individual for, 
                        or in connection with, bringing the complaint 
                        regarding the reprisal, as determined by the 
                        head of the agency or a court of competent 
                        jurisdiction.
                            (iv) Order the non-Federal employer to pay 
                        a monetary fine to the agency in an amount 
                        determined by the head of the agency or a court 
                        of competent jurisdiction.
                            (v) Provide a report to Congress, including 
                        findings of fact and conclusions of law 
                        relevant to the decision, if the head of the 
                        agency concerned does not accept or does not 
                        implement the recommendations of the Secretary 
                        of Labor report.
            (4) Civil action.--
                    (A) Exhaustion.--An individual submitting a 
                complaint under subsection (b) shall be deemed to have 
                exhausted all administrative remedies with respect to 
                the complaint if--
                            (i)(I) the head of the applicable agency--
                                    (aa) issues an order denying relief 
                                in whole or in part under paragraph 
                                (3); or
                                    (bb) has not issued an order--
                                            (AA) within 210 days after 
                                        the submission of a complaint 
                                        under subsection (b); or
                                            (BB) in the case of an 
                                        extension of time under clause 
                                        (i) or (ii) of subsection 
                                        (b)(2)(B), within 30 days after 
                                        the expiration of the extension 
                                        of time; or
                            (II) the Secretary of Labor decides under 
                        subsection (b)(3) not to investigate or to 
                        discontinue an investigation; and
                            (ii) there is no showing that such delay or 
                        decision is due to the bad faith of the 
                        individual.
                    (B) Filing.--An individual who has exhausted all 
                administrative remedies with respect to a complaint 
                submitted under subsection (b) may bring a de novo 
                action at law or equity against the non-Federal 
                employer to seek compensatory damages and other relief 
                available under this section in the appropriate 
                district court of the United States, which shall have 
                jurisdiction over such an action without regard to the 
                amount in controversy.
                    (C) Jury trial.--An action brought under 
                subparagraph (B) shall, at the request of either party 
                to the action, be tried by the court with a jury.
            (5) Judicial enforcement of order.--If any person fails to 
        comply with an order issued under paragraph (3), the head of 
        the agency shall file an action for enforcement of such order 
        in the United States district court for a district in which the 
        reprisal was found to have occurred. In any action brought 
        under this paragraph, the court may grant appropriate relief, 
        including injunctive relief, compensatory and exemplary 
        damages, and attorney's fees and costs.
            (6) Judicial review.--Any person adversely affected or 
        aggrieved by an order issued under paragraph (3) may obtain 
        review of whether the order is in accordance with this 
        subsection, and any regulations issued to carry out this 
        section, in the United States court of appeals for a circuit in 
        which the reprisal is alleged in the order to have occurred. No 
        petition seeking such review may be filed more than 60 days 
        after issuance of the order by the head of the agency. Review 
        under this paragraph shall be in accordance with chapter 7 of 
        title 5, United States Code.
            (7) Rights retained by employee.--Nothing in this section 
        shall diminish the rights, privileges, or remedies of any 
        employee, former employee, or individual seeking employment 
        under any Federal or State law, or under any collective 
        bargaining agreement.
            (8) Liability.--Notwithstanding any other provision of law, 
        an individual shall be immune from civil and criminal liability 
        with respect to a disclosure by the individual if the 
        individual would be protected from reprisal under subsection 
        (a) for making the disclosure. The individual shall bear the 
        burden of proving that the individual would be protected from 
        reprisal under subsection (a) for making the disclosure.
    (d) Nonenforceability of Certain Provisions Waiving Rights and 
Remedies or Requiring Arbitration of Disputes.--
            (1) Waiver of rights and remedies.--Except as provided 
        under paragraph (3), the rights and remedies provided for in 
        this section may not be waived by any public or private 
        agreement, policy, form, or condition of employment, including 
        by any predispute arbitration agreement.
            (2) Predispute arbitration agreements.--Except as provided 
        under paragraph (3), no predispute arbitration agreement shall 
        be valid or enforceable if it requires arbitration of a dispute 
        arising under this section.
            (3) Exception for collective bargaining agreements.--
        Notwithstanding paragraphs (1) and (2), an arbitration 
        provision in a collective bargaining agreement shall be 
        enforceable as to disputes arising under the collective 
        bargaining agreement.
    (e) Requirement To Post Notice of Rights and Remedies.--Any non-
Federal employer receiving covered funds shall post notice of the 
rights and remedies provided under this section.
    (f) Rules of Construction.--
            (1) No implied authority to retaliate for non-protected 
        disclosures.--Nothing in this section may be construed to 
        authorize the discharge of, demotion of, or discrimination or 
        other reprisal against an employee, a former employee, or an 
        individual seeking employment for a disclosure other than a 
        disclosure protected by subsection (a) or to modify or derogate 
        from a right or remedy otherwise available to the employee, 
        former employee, or individual seeking employment.
            (2) Relationship to state laws.--Nothing in this section 
        may be construed to preempt, preclude, or limit the protections 
        provided for public or private employees under State 
        whistleblower laws.
    (g) Complaint Portal.--The Special Inspector General for Pandemic 
Relief, the Pandemic Relief Accountability Committee, and the 
Congressional Oversight Commission shall each establish a public 
website where any individual who believes that the individual has been 
subjected to a reprisal prohibited under subsection (a) may submit a 
complaint regarding the reprisal. Such complaints shall be transmitted 
to the Secretary of Labor for enforcement in accordance with this 
section.
    (h) Funding.--There is appropriated to the Secretary of Labor for 
the fiscal year ending September 30, 2020, out of any money in the 
Treasury not otherwise appropriated, $20,000,000 to carry out this 
section, to remain available until expended.

SEC. 12. STRENGTHENING TRANSPARENCY AND DISCLOSURE AROUND BAILOUT 
              FUNDS.

    (a) Reporting Requirements for Recipients of Assistance.--Section 
4003 of division A of the CARES Act (Public Law 116-136) is amended by 
adding at the end the following:
    ``(i) Reporting Requirements.--
            ``(1) In general.--Each recipient of assistance, including 
        a loan, loan guarantee, or other investment made by the 
        Secretary under paragraph (1), (2), or (3) of subsection (b) or 
        as part of a program or facility under paragraph (4) of 
        subsection (b), shall, not later than 7 days after receipt of 
        the assistance, submit to the Secretary--
                    ``(A) all documents related to the acceptance of 
                the assistance;
                    ``(B) a written description of how the recipient 
                intends to use the assistance;
                    ``(C) compensation and workforce data of the 
                recipient, including the mean, median, and minimum 
                wages of all non-executive employees;
                    ``(D) the number of employees of the recipient 
                before and after receipt of the assistance;
                    ``(E) the salaries of executives of the recipient, 
                including bonuses and capital distributions;
                    ``(F) whether the recipient has been charged with 
                violations of Federal law and, if so, the nature of 
                each alleged violation;
                    ``(G) with respect to a recipient of assistance 
                from a program or facility of the Federal Reserve that 
                purchases corporate bonds--
                            ``(i) the applicable Committee on Uniform 
                        Securities Identification Procedures (CUSIP) 
                        number;
                            ``(ii) the bond rating and the identity of 
                        the agency providing that bond rating; and
                            ``(iii) the identities of any syndicated 
                        loan participants; and
                    ``(H) with respect to a recipient of assistance 
                from a program or facility of the Federal Reserve that 
                purchases asset-backed securities--
                            ``(i) the loan data, including the amount 
                        of collateral for the securitization;
                            ``(ii) the credit ratings and the identity 
                        of the agency providing that credit rating; and
                            ``(iii) the identities of the 
                        securitization issuers and arrangers and the 
                        fees the issuers and arrangers received.
            ``(2) Publication.--Not later than 7 days after the date on 
        which the Secretary receives the information described in 
        subparagraphs (A) and (B) of paragraph (1), the Secretary shall 
        publish that information on the website of the Federal 
        Reserve.''.
    (b) Transparency for Paycheck Protection Loans.--Section 7(a)(36) 
of the Small Business Act (15 U.S.C. 636(a)(36)) is amended by adding 
at the end the following:
                    ``(T) Weekly publication of loan data.--
                            ``(i) In general.--The Administrator shall, 
                        on a weekly basis, publish on the website of 
                        the Administration in an accessible and easily 
                        downloadable format data for loans approved 
                        under this paragraph, including--
                                    ``(I) the name of each lender;
                                    ``(II) the amount of each loan;
                                    ``(III) the amount each lender was 
                                paid in fees;
                                    ``(IV) the amount of any agent 
                                fees;
                                    ``(V) the types of lenders, 
                                including whether the lender was a 
                                community development financial 
                                institution or a minority depository 
                                institution, as defined in section 308 
                                of the Financial Institutions Reform, 
                                Recovery, and Enforcement Act of 1989 
                                (12 U.S.C. 1463 note);
                                    ``(VI) the North American Industry 
                                Classification System Code for each 
                                industry in which a borrower operates;
                                    ``(VII) the number of individuals 
                                employed by each borrower;
                                    ``(VIII) the zip code of each 
                                borrower; and
                                    ``(IX) the demographic information 
                                of each borrower, including veteran 
                                status, gender, race, and ethnicity.
                            ``(ii) Reporting by borrower.--For purposes 
                        of publishing the information under clause (i), 
                        the Administrator shall, at the time at which 
                        the borrower applies for loan forgiveness under 
                        section 1106 of the CARES Act (Public Law 116-
                        136), request that the borrower provide to the 
                        Administrator any information described in that 
                        clause that was not otherwise provided by the 
                        borrower at the time of the initial application 
                        for the covered loan.''.
    (c) Publication of Pandemic Response Accountability Committee 
Reports.--Section 15010(d)(2)(C)(i) of division B of the CARES Act 
(Public Law 116-136) is amended by inserting ``not later than 7 days 
after the date on which the report is submitted'' before the period at 
the end.
    (d) Publication of Major Contracts of the Pandemic Response 
Accountability Committee.--Section 15010(g)(3)(A) of division B of the 
CARES Act (Public Law 116-136) is amended--
            (1) by redesignating clause (xiii) as clause (xiv); and
            (2) by inserting after clause (xii) the end the following:
                    ``(xiii) Notwithstanding paragraph (4), the website 
                shall include a machine-readable and searchable copy of 
                each contract with a value greater than $150,000 that 
                is awarded under this Act or under any other Act 
                related to the Coronavirus response and that is entered 
                into by an agency after the date of enactment of this 
                clause. The copy of a contract described in the 
                preceding sentence shall be posted not later than 30 
                days after the date on which the agency enters into the 
                contract. The contractor providing property or services 
                under a contract posted under this clause may request 
                to redact from such contract any national security, 
                sensitive, or classified information. An agency may not 
                redact from a contract posted under this clause any 
                information that would be required to be made available 
                to the public under section 552 of title 5, United 
                States Code (commonly known as the `Freedom of 
                Information Act').''.

SEC. 13. STRENGTHENING ENFORCEMENT.

    Section 4003 of the CARES Act is amended by adding at the end the 
following:
    ``(i) Enforcement.--
            ``(1) Private right of action.--
                    ``(A) In general.--Any person harmed by a violation 
                of the terms and conditions of subsection (c) of an 
                eligible business may bring an action in an appropriate 
                district court of the United States.
                    ``(B) Award of portion of fine.--The court may 
                award a plaintiff who prevails in an action under 
                subparagraph (A) a portion of any fine imposed on an 
                eligible business for a violation of the terms and 
                conditions of subsection (c).
            ``(2) Disgorgement.--The Secretary or the Special Inspector 
        General for Pandemic Recovery shall require disgorgement from 
        any senior executive of an eligible business that receives a 
        loan, loan guarantee, or other investment authorized under this 
        section that violates the terms and conditions established 
        under subsection (c).''.
                                 <all>