[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1524 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 448
118th CONGRESS
  2d Session
                                S. 1524

                          [Report No. 118-202]

  To ensure that whistleblowers, including contractors, are protected 
  from retaliation when a Federal employee orders a reprisal, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2023

 Mr. Peters (for himself and Mr. Braun) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                             July 29, 2024

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To ensure that whistleblowers, including contractors, are protected 
  from retaliation when a Federal employee orders a reprisal, and for 
                            other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Expanding Whistleblower 
Protections for Contractors Act of 2023''.</DELETED>

<DELETED>SEC. 2. DEFENSE CONTRACTOR EMPLOYEES: PROTECTION FROM REPRISAL 
              FOR DISCLOSURE OF CERTAIN INFORMATION.</DELETED>

<DELETED>    Section 4701 of title 10, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        subparagraph (A)--</DELETED>
                                <DELETED>    (I) by striking ``An 
                                employee'' and all that follows through 
                                ``services contractor'' and inserting 
                                ``A protected individual''; 
                                and</DELETED>
                                <DELETED>    (II) by striking 
                                ``disclosing'' and all that follows 
                                through ``evidence of''; and</DELETED>
                        <DELETED>    (ii) by striking subparagraphs 
                        (A), (B), and (C) and inserting the following 
                        subparagraphs:</DELETED>
        <DELETED>    ``(A) Objecting or refusing to participate in any 
        activity, policy, practice, or assigned task that the protected 
        individual reasonably believes to be in violation of any law, 
        rule, order, or regulation related to any contract, 
        subcontract, grant, or subgrant.</DELETED>
        <DELETED>    ``(B) Disclosing to a person or body described in 
        paragraph (2) information that the protected individual 
        reasonably believes is evidence of the following:</DELETED>
                <DELETED>    ``(i) Gross mismanagement of any 
                Department of Defense contract or grant, any gross 
                waste of Department funds, any abuse of authority 
                relating to any Department contract, subcontract, 
                grant, or subgrant, or any violation of law, rule, or 
                regulation related to any Department contract or 
                subcontract (including the competition for or 
                negotiation of a contract or subcontract) or grant or 
                subgrant.</DELETED>
                <DELETED>    ``(ii) Gross mismanagement of any National 
                Aeronautics and Space Administration contract or grant, 
                any gross waste of Administration funds, any abuse of 
                authority relating to an Administration contract, 
                subcontract, grant, or subgrant, or any violation of 
                law, rule, or regulation related to any Administration 
                contract or subcontract (including the competition for 
                or negotiation of a contract or subcontract) or grant 
                or subgrant.</DELETED>
                <DELETED>    ``(iii) A substantial and specific danger 
                to public health or safety.''; and</DELETED>
                <DELETED>    (B) in paragraph (3)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking ``an employee'' and inserting ``a 
                        protected individual''; and</DELETED>
                        <DELETED>    (ii) by striking subparagraph (B) 
                        and inserting the following 
                        subparagraph:</DELETED>
        <DELETED>    ``(B) it shall not be within the authority of an 
        executive branch official to request that a contractor, 
        subcontractor, grantee, or subgrantee engage in a reprisal 
        prohibited by paragraph (1).'';</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (A) in paragraph (1), by adding at the end 
                the following subparagraph:</DELETED>
        <DELETED>    ``(E) Propose appropriate disciplinary action 
        against any executive branch official for any request made of a 
        contractor, subcontractor, grantee, or subgrantee that 
        subjected the complainant to a reprisal prohibited by 
        subsection (a).''; and</DELETED>
                <DELETED>    (B) by striking paragraph (7) and 
                inserting the following paragraph:</DELETED>
<DELETED>    ``(7) Clarification for Scope of Waiver Restrictions.--(A) 
The rights, forum, 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.</DELETED>
<DELETED>    ``(B) No predispute arbitration agreement shall be valid 
or enforceable if it requires arbitration of a dispute arising under 
this section.'';</DELETED>
        <DELETED>    (3) in subsection (f)--</DELETED>
                <DELETED>    (A) by striking ``an employee'' and 
                inserting ``a protected individual''; and</DELETED>
                <DELETED>    (B) by striking ``the employee'' and 
                inserting ``the protected individual'';</DELETED>
        <DELETED>    (4) by redesignating subsection (g) as subsection 
        (h);</DELETED>
        <DELETED>    (5) by inserting after subsection (f) the 
        following new subsection:</DELETED>
<DELETED>    ``(g) Affirmative Defense.--Engaging in any activity 
protected against reprisal under this section shall be an affirmative 
defense in any civil or criminal action that seeks liability for 
engaging in such activity.''; and</DELETED>
        <DELETED>    (6) in subsection (h), as so redesignated--
        </DELETED>
                <DELETED>    (A) in paragraph (3), by inserting ``, 
                including any `Federal award' as defined in section 
                2(a) of the Federal Funding Accountability and 
                Transparency Act of 2006 (31 U.S.C. 6101 note)'' after 
                ``agency'';</DELETED>
                <DELETED>    (B) in paragraph (4), by inserting ``, 
                including any person that is recipient of a `Federal 
                award' as defined in section 2(a) of the Federal 
                Funding Accountability and Transparency Act of 2006 (31 
                U.S.C. 6101 note)'' after ``agency''; and</DELETED>
                <DELETED>    (C) by adding at the end the following new 
                paragraph:</DELETED>
        <DELETED>    ``(8) The term `protected individual' means--
        </DELETED>
                <DELETED>    ``(A) a contractor, subcontractor, 
                grantee, or subgrantee of the Department of Defense or 
                the National Aeronautics and Space Administration, 
                including--</DELETED>
                        <DELETED>    ``(i) the government of each of 
                        the several States, the District of Columbia, 
                        an Indian tribe or authorized tribal 
                        organization, 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;</DELETED>
                        <DELETED>    ``(ii) the government of any 
                        political subdivision of, agency of, or 
                        instrumentality of, a government listed in 
                        clause (i); and</DELETED>
                        <DELETED>    ``(iii) any entity that is 
                        recipient of a `Federal award' as defined in 
                        section 2(a) of the Federal Funding 
                        Accountability and Transparency Act of 2006 (31 
                        U.S.C. 6101 note);</DELETED>
                <DELETED>    ``(B) an employee, applicant, or former 
                employee of a contractor, subcontractor, grantee, or 
                subgrantee of the Department of Defense or the National 
                Aeronautics and Space Administration, including an 
                employee of--</DELETED>
                        <DELETED>    ``(i) the government of each of 
                        the several States, the District of Columbia, 
                        an Indian tribe or authorized tribal 
                        organization, 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; and</DELETED>
                        <DELETED>    ``(ii) the government of any 
                        political subdivision of, agency of, or 
                        instrumentality of, a government listed in 
                        clause (i); or</DELETED>
                <DELETED>    ``(C) a person performing personal 
                services for the Department of Defense or the National 
                Aeronautics and Space Administration pursuant to a 
                contractual agreement for the performance of personal 
                services, including a personal services contract or 
                personal services agreement, and who engages in an 
                activity for which any reprisal is prohibited under 
                subsection (a), including a person performing personal 
                services pursuant such a contractual agreement for--
                </DELETED>
                        <DELETED>    ``(i) the government of each of 
                        the several States, the District of Columbia, 
                        an Indian tribe or authorized tribal 
                        organization, 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; and</DELETED>
                        <DELETED>    ``(ii) the government of any 
                        political subdivision of, agency of, or 
                        instrumentality of, a government listed in 
                        clause (i).''.</DELETED>

<DELETED>SEC. 3. ENHANCEMENT OF NON-DEFENSE CONTRACTOR PROTECTION FROM 
              REPRISAL FOR DISCLOSURE OF CERTAIN INFORMATION.</DELETED>

<DELETED>    Section 4712 of title 41, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking paragraph (1) and 
                inserting the following paragraph:</DELETED>
        <DELETED>    ``(1) In general.--A protected individual may not 
        be discharged, demoted, or otherwise discriminated against as a 
        reprisal for the following:</DELETED>
                <DELETED>    ``(A) Objecting or refusing to participate 
                in any activity, policy, practice, or assigned task 
                that the protected individual reasonably believes to be 
                in violation of any law, rule, order, or regulation 
                related to any contract, subcontract, grant, or 
                subgrant.</DELETED>
                <DELETED>    ``(B) Disclosing to a person or body 
                described in paragraph (2) information that the 
                protected individual reasonably believes is evidence of 
                the following:</DELETED>
                        <DELETED>    ``(i) Gross mismanagement of any 
                        Federal contract or grant, any gross waste of 
                        Federal funds, any abuse of authority relating 
                        to any Federal contract, subcontract, grant, or 
                        subgrant, or any violation of law, rule, or 
                        regulation related to any Federal contract or 
                        subcontract (including the competition for or 
                        negotiation of a contract or subcontract) or 
                        grant or subgrant.</DELETED>
                        <DELETED>    ``(ii) A substantial and specific 
                        danger to public health or safety.''; 
                        and</DELETED>
                <DELETED>    (B) in paragraph (3)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking ``an employee'' and inserting ``a 
                        protected individual''; and</DELETED>
                        <DELETED>    (ii) by striking subparagraph (B) 
                        and inserting the following 
                        subparagraph:</DELETED>
                <DELETED>    ``(B) it shall not be within the authority 
                of an executive branch official to request that a 
                contractor, subcontractor, grantee, or subgrantee 
                engage in a reprisal prohibited by paragraph 
                (1).'';</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (A) in paragraph (1), by adding at the end 
                the following new subparagraph:</DELETED>
                <DELETED>    ``(E) Propose appropriate disciplinary 
                action against any executive branch official for any 
                request made of a contractor, subcontractor, grantee, 
                or subgrantee that subjected the complainant to a 
                reprisal prohibited by subsection (a).''; and</DELETED>
                <DELETED>    (B) by striking paragraph (7) and 
                inserting the following paragraph:</DELETED>
        <DELETED>    ``(7) Rights, forum, and remedies not waivable.--
        </DELETED>
                <DELETED>    ``(A) In general.--The rights, forum, 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.</DELETED>
                <DELETED>    ``(B) Validity.--No predispute arbitration 
                agreement shall be valid or enforceable if it requires 
                arbitration of a dispute arising under this 
                section.'';</DELETED>
        <DELETED>    (3) in subsection (e)--</DELETED>
                <DELETED>    (A) by striking ``an employee'' and 
                inserting ``a protected individual''; and</DELETED>
                <DELETED>    (B) by striking ``the employee'' and 
                inserting ``the protected individual'';</DELETED>
        <DELETED>    (4) in subsection (g)--</DELETED>
                <DELETED>    (A) by redesignating paragraph (2) as 
                paragraph (3);</DELETED>
                <DELETED>    (B) by inserting after paragraph (1) the 
                following new paragraph (2):</DELETED>
        <DELETED>    ``(2) The term `contract' includes any `Federal 
        award' as defined in section 2(a) of the Federal Funding 
        Accountability and Transparency Act of 2006 (31 U.S.C. 6101 
        note).''; and</DELETED>
                <DELETED>    (C) by inserting after paragraph (3), as 
                so redesignated, the following new paragraph:</DELETED>
        <DELETED>    ``(4) The term `protected individual' means--
        </DELETED>
                <DELETED>    ``(A) a contractor, subcontractor, 
                grantee, or subgrantee of the Federal Government, 
                including--</DELETED>
                        <DELETED>    ``(i) the government of each of 
                        the several States, the District of Columbia, 
                        an Indian tribe or authorized tribal 
                        organization, 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;</DELETED>
                        <DELETED>    ``(ii) the government of any 
                        political subdivision of, agency of, or 
                        instrumentality of, a government listed in 
                        clause (i); and</DELETED>
                        <DELETED>    ``(iii) any entity that is 
                        recipient of a `Federal award' as defined in 
                        section 2(a) of the Federal Funding 
                        Accountability and Transparency Act of 2006 (31 
                        U.S.C. 6101 note);</DELETED>
                <DELETED>    ``(B) an employee, applicant, or former 
                employee of a contractor, subcontractor, grantee, or 
                subgrantee of the Federal Government, including an 
                employee of--</DELETED>
                        <DELETED>    ``(i) the government of each of 
                        the several States, the District of Columbia, 
                        an Indian tribe or authorized tribal 
                        organization, 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; and</DELETED>
                        <DELETED>    ``(ii) the government of any 
                        political subdivision of, agency of, or 
                        instrumentality of, a government listed in 
                        clause (i); or</DELETED>
                <DELETED>    ``(C) a person performing personal 
                services for the Federal Government pursuant to a 
                contractual agreement for the performance of personal 
                services, including a personal services contract or 
                personal services agreement, including a person 
                performing personal services pursuant to such a 
                contractual agreement for--</DELETED>
                        <DELETED>    ``(i) the government of each of 
                        the several States, the District of Columbia, 
                        an Indian tribe or authorized tribal 
                        organization, 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; and</DELETED>
                        <DELETED>    ``(ii) the government of any 
                        political subdivision of, agency of, or 
                        instrumentality of, a government listed in 
                        clause (i).'';</DELETED>
        <DELETED>    (5) by redesignating subsection (h) as subsection 
        (i); and</DELETED>
        <DELETED>    (6) by inserting after subsection (g) the 
        following new subsection:</DELETED>
<DELETED>    ``(h) Affirmative Defense.--Engaging in any activity 
protected against reprisal under this section shall be an affirmative 
defense in any civil or criminal action that seeks liability for 
engaging in such activity.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expanding Whistleblower Protections 
for Contractors Act of 2024''.

SEC. 2. DEFENSE CONTRACTOR EMPLOYEES: PROTECTION FROM REPRISAL FOR 
              DISCLOSURE OF CERTAIN INFORMATION.

    Section 4701 of title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) by striking ``An employee'' and 
                                all that follows through ``services 
                                contractor'' and inserting ``A 
                                protected individual''; and
                                    (II) by striking ``disclosing'' and 
                                all that follows through ``evidence 
                                of''; and
                            (ii) by striking subparagraphs (A), (B), 
                        and (C) and inserting the following 
                        subparagraphs:
            ``(A) Refusing to obey an order that would require the 
        protected individual to violate a law, rule, or regulation 
        related to any contract, subcontract, grant, or subgrant.
            ``(B) Disclosing to a person or body described in paragraph 
        (2) information that the protected individual reasonably 
        believes is evidence of the following:
                    ``(i) Gross mismanagement of any Department of 
                Defense contract or grant, any gross waste of 
                Department funds, any abuse of authority relating to 
                any Department contract, subcontract, grant, or 
                subgrant, or any violation of law, rule, or regulation 
                related to any Department contract or subcontract 
                (including the competition for or negotiation of a 
                contract or subcontract) or grant or subgrant.
                    ``(ii) Gross mismanagement of any National 
                Aeronautics and Space Administration contract or grant, 
                any gross waste of Administration funds, any abuse of 
                authority relating to an Administration contract, 
                subcontract, grant, or subgrant, or any violation of 
                law, rule, or regulation related to any Administration 
                contract or subcontract (including the competition for 
                or negotiation of a contract or subcontract) or grant 
                or subgrant.
                    ``(iii) A substantial and specific danger to public 
                health or safety.''; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (A), by striking ``an 
                        employee'' and inserting ``a protected 
                        individual''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following subparagraph:
            ``(B) it shall not be within the authority of an executive 
        branch official to request that a contractor, subcontractor, 
        grantee, or subgrantee engage in a reprisal prohibited by 
        paragraph (1).'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by adding at the end the 
                following subparagraph:
            ``(E) Propose appropriate disciplinary action against any 
        executive branch official for any request made of a contractor, 
        subcontractor, grantee, or subgrantee that subjected the 
        complainant to a reprisal prohibited by subsection (a).''; and
                    (B) by striking paragraph (7) and inserting the 
                following paragraph:
    ``(7) Clarification for Scope of Waiver Restrictions.--(A) The 
rights, forum, 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.
    ``(B) No provision of the predispute arbitration agreement shall be 
valid or enforceable if it requires arbitration of a dispute arising 
under this section.'';
            (3) by striking subsection (e) and redesignating 
        subsections (f) and (g) as subsections (e) and (f), 
        respectively;
            (4) in subsection (e), as so redesignated--
                    (A) by striking ``an employee'' and inserting ``a 
                protected individual''; and
                    (B) by striking ``the employee'' and inserting 
                ``the protected individual''; and
            (5) in subsection (f), as so redesignated, by adding at the 
        end the following new paragraph:
            ``(8) The term `protected individual' means--
                    ``(A) a contractor, subcontractor, grantee, or 
                subgrantee of the Department of Defense or the National 
                Aeronautics and Space Administration, including--
                            ``(i) the government of each of the several 
                        States, the District of Columbia, an Indian 
                        tribe or authorized tribal organization, 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;
                            ``(ii) the government of any political 
                        subdivision of, agency of, or instrumentality 
                        of, a government listed in clause (i); and
                            ``(iii) an element of the intelligence 
                        community (as defined in section 3 of the 
                        National Security Act of 1947 (50 U.S.C. 3003)) 
                        within the Department of Defense;
                    ``(B) an employee of a contractor, subcontractor, 
                grantee, or subgrantee of the Department of Defense or 
                the National Aeronautics and Space Administration, or a 
                former employee of such contractor, subcontractor, 
                grantee, or subgrantee whose protected disclosure or 
                engagement in any activity protected against reprisal 
                under this section occurred prior to termination, 
                including an employee of--
                            ``(i) the government of each of the several 
                        States, the District of Columbia, an Indian 
                        tribe or authorized tribal organization, 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;
                            ``(ii) the government of any political 
                        subdivision of, agency of, or instrumentality 
                        of, a government listed in clause (i); and
                            ``(iii) an element of the intelligence 
                        community (as defined in section 3 of the 
                        National Security Act of 1947 (50 U.S.C. 3003)) 
                        within the Department of Defense; or
                    ``(C) a person performing personal services for the 
                Department of Defense or the National Aeronautics and 
                Space Administration pursuant to a contractual 
                agreement for the performance of personal services, 
                including a personal services contract or personal 
                services agreement, and who engages in an activity for 
                which any reprisal is prohibited under subsection (a), 
                including a person performing personal services 
                pursuant such a contractual agreement for--
                            ``(i) the government of each of the several 
                        States, the District of Columbia, an Indian 
                        tribe or authorized tribal organization, 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;
                            ``(ii) the government of any political 
                        subdivision of, agency of, or instrumentality 
                        of, a government listed in clause (i); and
                            ``(iii) an element of the intelligence 
                        community (as defined in section 3 of the 
                        National Security Act of 1947 (50 U.S.C. 3003)) 
                        within the Department of Defense.''.

SEC. 3. ENHANCEMENT OF NON-DEFENSE CONTRACTOR PROTECTION FROM REPRISAL 
              FOR DISCLOSURE OF CERTAIN INFORMATION.

    Section 4712 of title 41, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following paragraph:
            ``(1) In general.--A protected individual may not be 
        discharged, demoted, or otherwise discriminated against as a 
        reprisal for the following:
                    ``(A) Refusing to obey an order that would require 
                the protected individual to violate a law, rule, or 
                regulation related to any contract, subcontract, grant, 
                or subgrant.
                    ``(B) Disclosing to a person or body described in 
                paragraph (2) information that the protected individual 
                reasonably believes is evidence of the following:
                            ``(i) Gross mismanagement of any Federal 
                        contract or grant, any gross waste of Federal 
                        funds, any abuse of authority relating to any 
                        Federal contract, subcontract, grant, or 
                        subgrant, or any violation of law, rule, or 
                        regulation related to any Federal contract or 
                        subcontract (including the competition for or 
                        negotiation of a contract or subcontract) or 
                        grant or subgrant.
                            ``(ii) A substantial and specific danger to 
                        public health or safety.''; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (A), by striking ``an 
                        employee'' and inserting ``a protected 
                        individual''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following subparagraph:
                    ``(B) it shall not be within the authority of an 
                executive branch official to request that a contractor, 
                subcontractor, grantee, or subgrantee engage in a 
                reprisal prohibited by paragraph (1).'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by adding at the end the 
                following new subparagraph:
                    ``(E) Propose appropriate disciplinary action 
                against any executive branch official for any request 
                made of a contractor, subcontractor, grantee, or 
                subgrantee that subjected the complainant to a reprisal 
                prohibited by subsection (a).''; and
                    (B) by striking paragraph (7) and inserting the 
                following paragraph:
            ``(7) Rights, forum, and remedies not waivable.--
                    ``(A) In general.--The rights, forum, 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.
                    ``(B) Validity.--No provision of the predispute 
                arbitration agreement shall be valid or enforceable if 
                it requires arbitration of a dispute arising under this 
                section.'';
            (3) in subsection (e)--
                    (A) by striking ``an employee'' and inserting ``a 
                protected individual''; and
                    (B) by striking ``the employee'' and inserting 
                ``the protected individual'';
            (4) by striking subsection (f) and redesignating 
        subsections (g) and (h) as subsections (f) and (g), 
        respectively; and
            (5) in subsection (f), as so redesignated, by inserting 
        after paragraph (2) the following new paragraph:
            ``(3) The term `protected individual' means--
                    ``(A) a contractor, subcontractor, grantee, or 
                subgrantee of the Federal Government, including--
                            ``(i) the government of each of the several 
                        States, the District of Columbia, an Indian 
                        tribe or authorized tribal organization, 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;
                            ``(ii) the government of any political 
                        subdivision of, agency of, or instrumentality 
                        of, a government listed in clause (i); and
                            ``(iii) an element of the intelligence 
                        community (as defined in section 3 of the 
                        National Security Act of 1947 (50 U.S.C. 
                        3003));
                    ``(B) an employee of a contractor, subcontractor, 
                grantee, or subgrantee of the Federal Government or a 
                former employee of such contractor, subcontractor, 
                grantee, or subgrantee whose protected disclosure or 
                engagement in any activity protected against reprisal 
                under this section occurred prior to termination, 
                including an employee of--
                            ``(i) the government of each of the several 
                        States, the District of Columbia, an Indian 
                        tribe or authorized tribal organization, 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;
                            ``(ii) the government of any political 
                        subdivision of, agency of, or instrumentality 
                        of, a government listed in clause (i); and
                            ``(iii) an element of the intelligence 
                        community (as defined in section 3 of the 
                        National Security Act of 1947 (50 U.S.C. 
                        3003)); or
                    ``(C) a person performing personal services for the 
                Federal Government pursuant to a contractual agreement 
                for the performance of personal services, including a 
                personal services contract or personal services 
                agreement, including a person performing personal 
                services pursuant to such a contractual agreement for--
                            ``(i) the government of each of the several 
                        States, the District of Columbia, an Indian 
                        tribe or authorized tribal organization, 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;
                            ``(ii) the government of any political 
                        subdivision of, agency of, or instrumentality 
                        of, a government listed in clause (i); and
                            ``(iii) an element of the intelligence 
                        community (as defined in section 3 of the 
                        National Security Act of 1947 (50 U.S.C. 
                        3003)).''.
                                                       Calendar No. 448

118th CONGRESS

  2d Session

                                S. 1524

                          [Report No. 118-202]

_______________________________________________________________________

                                 A BILL

  To ensure that whistleblowers, including contractors, are protected 
  from retaliation when a Federal employee orders a reprisal, and for 
                            other purposes.

_______________________________________________________________________

                             July 29, 2024

                       Reported with an amendment