[Congressional Record Volume 167, Number 188 (Tuesday, October 26, 2021)]
[Senate]
[Pages S7381-S7384]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3899. Ms. WARREN submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VIII, add the following:
SEC. 857. PROTECTIONS FOR WHISTLEBLOWERS SEEKING TO ENSURE
ACCOUNTABILITY AND OVERSIGHT OF COVID-19
PANDEMIC RESPONSE.
(a) Defense Contracts.--Section 2409 of title 10, United
States Code, is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) A protected individual may not be discharged,
demoted, harassed, blacklisted, prejudiced by any action or
lack of action, or otherwise discriminated against for
disclosing, being perceived as disclosing, or preparing to
disclose (including assisting in disclosing, being perceived
as assisting in disclosing, and including a disclosure made
in the ordinary course of job duties) to a person or body
described in paragraph (2) information that the protected
individual reasonably believes is evidence of--
``(A)(i) gross mismanagement of a Department of Defense
contract, subcontract, grant, or subgrant relating to covered
funds;
``(ii) a gross waste of Department funds or covered funds;
``(iii) an abuse of authority related to a Department
contract or grant or the distribution, implementation, or use
of covered funds, including conflict of interest or
partiality;
``(iv) any violation of any statute, rule, or regulation
related to a Department of Defense contract, subcontract
(including the competition for or negotiation of a contract
or subcontract), grant, or subgrant, awarded or issued
relating to covered funds; and
``(v) conduct that violates, obstructs, or undermines any
law, rule, or regulation related to any Federal contract
(including the competition for or negotiation of a contract)
or grant, including any statute, rule, or regulation with
respect to any coronavirus pandemic-related program, project,
or activity;
``(B) refusing to obey an order that the protected
individual reasonably believes would require that individual
to violate a statute, rule, or regulation with respect to any
covered funds, including any coronavirus pandemic-related
program, project, or activity;
``(C) evidencing gross mismanagement of a National
Aeronautics and Space Administration contract, grant,
subcontract, or subgrant, a gross waste of Administration
funds, an abuse of authority relating to an Administration
contract or grant, or a violation of law, rule, or regulation
related to an Administration contract (including the
competition for or negotiation of a contract), grant,
subcontract, or subgrant; or
``(D) a substantial and specific danger to worker or public
health or safety.'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``or a representative
of a committee of Congress'' and inserting ``, a
representative of a committee of Congress, or commission of
Congress'';
(ii) in subparagraph (B), by inserting ``, including the
Special Inspector General for Pandemic Relief and any other
Office of Inspector General established by law'' after
``Inspector General'';
(iii) in subparagraph (G), by striking ``who has the
responsibility to investigate'' and inserting ``authorized to
investigate''; and
(iv) by adding after subparagraph (G) the following new
subparagraphs:
``(H) The Pandemic Response Accountability Committee.
``(I) An officer or representative of a labor organization.
``(J) The head of an executive agency or a designee of such
agency head.''; and
(C) in paragraph (3)(A)--
(i) by striking ``an employee'' and inserting ``a protected
individual'';
(ii) by striking ``contractor or subcontractor'' and
inserting ``contractor, subcontractor, grantee, or
subgrantee''; and
(iii) by striking ``contract or grant'' and inserting
``contract, subcontract, grant, or subgrant'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``A person who believes that the person''
and inserting ``A protected individual who believes that the
protected individual'';
[[Page S7382]]
(ii) by striking ``Space Administration.'' and inserting
``Space Administration, who shall review the complaint for
investigation, and shall investigate the alleged misconduct
disclosed by the protected individual if there previously has
not been such an investigation or if the appropriate
Inspector General determines that the original investigation
was biased or otherwise inadequate.''; and
(iii) by striking ``previously been addressed'' and
inserting ``been filed'';
(B) by amending paragraph (3) to read as follows:
``(3)(A) A person or body described in subsection (a)(2)
that receives information under paragraph (1) and any other
person or body to which such information is disclosed may not
exercise discretion to respond to any inquiry or disclose the
identity or identifying information of the protected
individual providing the information without prior explicit
written consent of the protected individual.
``(B) If disclosure of the identity or identifying
information of a protected individual providing information
under paragraph (1) is required by law, the recipient shall
provide timely notice of the disclosure to the protected
individual.
``(C) The Inspector General investigating alleged
discrimination under this section may not respond to any
inquiry or disclose any information from or about any
protected individual alleging such discrimination, except in
accordance with the provisions of section 552a of title 5
(commonly referred to as the `Privacy Act'), or as required
by any other applicable Federal law.''; and
(C) by adding at the end the following new paragraph:
``(5) Upon completion of an investigation under this
subsection into alleged misconduct disclosed by the protected
individual, the Inspector General shall submit a report of
the findings of the investigation to--
``(A) the person against whom the misconduct is alleged;
``(B) the protected individual concerned;
``(C) the Secretary of Defense or the Administrator of the
National Aeronautics and Space Administration, as applicable;
and
``(D) the congressional committees of jurisdiction.'';
(3) in subsection (c)--
(A) in paragraph (1)(B), by striking ``compensatory damages
(including back pay)'' and inserting ``compensatory damages
(including double back pay)'';
(B) by striking paragraph (7);
(C) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7);
(D) by inserting after paragraph (1) the following new
paragraph:
``(2)(A) A protected individual alleging a reprisal under
this section shall have access to the investigative file of
the Office of Inspector General in accordance with section
552a of title 5. The investigation by the Office of Inspector
General shall be deemed closed for purposes of disclosure
under such section when an individual files an appeal to the
head of an executive agency or a court of competent
jurisdiction.
``(B) In the event a protected individual alleging a
reprisal under this section brings a civil action under this
subsection, the protected individual and the non-Federal
employer (or the Secretary of Defense or the Administrator of
the National Aeronautics and Space Administration, as
applicable, in the case of a Federal personal services
contract involving covered funds), if applicable, shall have
access to the investigative file of the Office of Inspector
General in accordance with section 552a of title 5.
``(C) The Inspector General may exclude from disclosure--
``(i) information protected from disclosure by a provision
of law; and
``(ii) any additional information the Inspector General
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 Inspector General 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.'';
(E) in paragraph (3), as redesignated by subparagraph (C),
by striking ``may bring a de novo action at law or equity
against the contractor to seek compensatory damages'' and
inserting ``may bring a de novo action at law or equity
against any entity violating subsection (a) to seek
compensatory damages''; and
(F) in paragraph (4), as so redesignated, by striking
``paragraph (2)'' and inserting ``paragraph (3)'';
(4) by striking subsection (d);
(5) by redesignating subsection (e) as subsection (d);
(6) by inserting after subsection (d), as so redesignated,
the following new subsection:
``(e) General Provisions.--(1) Nothing in this section
shall diminish the rights, privileges, or remedies of any
protected individual under any Federal or State law, or under
any collective bargaining agreement.
``(2) Notwithstanding any other provision of law, a
protected individual shall be immune from civil and criminal
liability for making the disclosure if the protected
individual would be protected from reprisal under subsection
(a). The protected individual shall bear the burden required
under subsection (a) of proving that the individual would be
protected from reprisal under subsection (a) for making the
disclosure. This section does not provide a defense against
activities unrelated to protected activity under subsection
(a).
``(3)(A) Except as provided under subparagraph (C), 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.
``(B) Except as provided under subparagraph (C), no
predispute arbitration agreement shall be valid or
enforceable if it requires arbitration of a dispute arising
under this section.
``(C) Notwithstanding subparagraphs (A) and (B), an
arbitration provision in a collective bargaining agreement
shall be enforceable as to disputes arising under the
collective bargaining agreement.
``(4) Any non-Federal employer receiving covered funds (and
the head of the applicable agency in the case of a Federal
personal services contract involving covered funds) shall
prominently post notice on its website and to each employee
of the rights and remedies provided under this section in the
predominant native languages of the workforce.'';
(7) in subsection (f)--
(A) by inserting ``(1)'' before ``Nothing'';
(B) by adding ``or other reprisal'' after
``discrimination'';
(C) by striking ``an employee'' and inserting ``a protected
individual'';
(D) by striking ``the employee'' and inserting ``the
protected individual''; and
(E) by adding at the end the following new paragraph:
``(2) State and local employees may file complaints for
relief under this section, and nothing in this section may be
construed to preempt, preclude, or limit the protections
provided for public or private employees under State or local
whistleblower laws.'';
(8) in subsection (g)--
(A) by redesignating paragraphs (1), (2), (5), (6), and (7)
as paragraphs (2), (9), (10), (1), and (8), respectively;
(B) in paragraph (1), as so redesignated, by striking
``means the following'' and all that follows through the
period at the end and inserting the following: ``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.''; and
(C) by inserting after paragraph (4) the following new
paragraphs:
``(5) 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
paragraph; 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 (Public Law 116-136) 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;
``(iv) the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (Public Law 116-123),
or an amendment made by that Act; or
``(v) division M or N of the Consolidated Appropriations
Act, 2021 (Public Law 116-260), or an amendment made by that
division.
``(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;
or
``(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 `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
grant or contract with such employer (including a contractor,
subcontractor, grantee, subgrantee, 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).''; and
(D) by inserting after paragraph (10), as so redesignated,
the following new paragraphs:
``(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
[[Page S7383]]
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, except with respect to a personal
services contractor.
``(12) The term `protected individual' means--
``(A) a contractor, subcontractor, grantee, or subgrantee;
``(B) an employee, applicant, or former employee of a
contractor, subcontractor, grantee, or subgrantee; or
``(C) a personal services contractor who engages in
activity for which any discrimination is prohibited under
subsection (a).
``(13) 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).''.
(b) Civilian Contracts.--Section 4712 of title 41, United
States Code, is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--A protected individual may not be
discharged, demoted, harassed, blacklisted, prejudiced by any
action or lack of action, or otherwise discriminated against
for disclosing, being perceived as disclosing, or preparing
to disclose (including assisting in disclosing, being
perceived as assisting in disclosing, and including a
disclosure made in the ordinary course of job duties) to a
person or body described in paragraph (2) information that
the protected individual reasonably believes is evidence of
misconduct that violates, obstructs, or undermines any law,
rule, or regulation related to any Federal contract
(including the competition for or negotiation of a contract)
or grant, including any statute, rule, or regulation with
respect to any Coronavirus pandemic-related program, project,
or activity, and also including--
``(A)(i) gross mismanagement of an agency contract,
subcontract, grant, or subgrant relating to covered funds;
``(ii) a gross waste of covered funds;
``(iii) a substantial and specific danger to worker or
public health or safety;
``(iv) an abuse of authority related to the distribution,
implementation, or use of covered funds, including conflict
of interest or partiality; and
``(v) any 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; or
``(B) refusing to obey an order that the protected
individual reasonably believes would require that individual
to violate a statute, rule, or regulation with respect to any
covered funds, including any coronavirus pandemic-related
program, project, or activity.'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``or a representative
of a committee of Congress'' and inserting ``, a
representative of a committee of Congress, or a commission of
Congress'';
(ii) in subparagraph (B), by inserting ``, including the
Special Inspector General for Pandemic Relief and any other
Office of Inspector General established by law'' after
``Inspector General'';
(iii) in subparagraph (G), by striking ``who has the
responsibility to investigate'' and inserting ``authorized to
investigate''; and
(iv) by adding after subparagraph (G) the following new
subparagraphs:
``(H) The Pandemic Response Accountability Committee.
``(I) An officer or representative of a labor organization.
``(J) The head of an executive agency or a designee of such
agency head.''; and
(C) in paragraph 3(A)--
(i) by striking ``an employee'' and inserting ``a protected
individual''; and
(ii) by striking ``contract or grant'' and inserting
``contract, subcontract, grant, or subgrant'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``A person who believes'' and inserting
``Any person described under subsection (a)(1) who
believes''; and
(ii) by inserting ``, who shall review the complaint for
investigation, and shall investigate the alleged misconduct
disclosed by the protected individual if there previously has
not been such an investigation or if the Inspector General
determines that the original investigation was biased or
otherwise inadequate'' after ``to the Inspector General of
the executive agency involved'';
(B) by amending paragraph (3) to read as follows:
``(3) Protection of whistleblower identity.--
``(A) In general.--A person or body described in subsection
(a)(2) that receives information under paragraph (1) and any
person or body to which the officer or entity discloses the
information may not exercise discretion to respond to any
inquiry or disclose the identity or identifying information
of the protected individual providing the information without
prior explicit written consent of the protected individual.
``(B) Notice.--If disclosure of the identity or identifying
information of a protected individual providing information
under paragraph (1) is required by law, the recipient shall
provide timely notice of the disclosure to the protected
individual.
``(C) Privacy of information.--The Inspector General
investigating alleged discrimination under this section may
not respond to any inquiry or disclose any information from
or about any protected individual alleging such
discrimination, except in accordance with the provisions of
section 552a of title 5 (commonly referred to as the `Privacy
Act'), or as required by any other applicable Federal law.'';
and
(C) by adding at the end the following new paragraph:
``(5) Report.--Upon completion of an investigation under
this subsection into alleged misconduct disclosed by the
protected individual, the Inspector General shall submit a
report of the findings of the investigation to--
``(A) the person;
``(B) the contractor, subcontractor, grantee, or subgrantee
concerned;
``(C) the head of the agency; and
``(D) the congressional committees of jurisdiction.'';
(3) in subsection (c)--
(A) in paragraph (1)(B), by striking ``compensatory damages
(including back pay)'' and inserting ``compensatory damages
(including double back pay)'';
(B) by striking paragraph (7);
(C) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7);
(D) by inserting after paragraph (1) the following new
paragraph:
``(2) Access to investigative file.--
``(A) In general.--A protected individual alleging a
reprisal under this section shall have access to the
investigative file of the Office of Inspector General in
accordance with section 552a of title 5. The investigation by
the Office of Inspector General shall be deemed closed for
purposes of disclosure under such section when an individual
files an appeal to the head of an executive agency or a court
of competent jurisdiction.
``(B) Civil action.--In the event a protected individual
alleging a reprisal under this section brings a civil action
under this subsection, the protected individual and the non-
Federal employer (or the head of the applicable executive
agency in the case of a Federal personal services contract
involving covered funds), if applicable, shall have access to
the investigative file of the Office of Inspector General in
accordance with section 552a of title 5.
``(C) Exception.--The Inspector General may exclude from
disclosure--
``(i) information protected from disclosure by a provision
of law; and
``(ii) any additional information the Inspector General
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 Inspector General 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.'';
(E) in paragraph (3), as redesignated by subparagraph (C),
by striking ``may bring a de novo action at law or equity
against the contractor, subcontractor, grantee, or subgrantee
to seek compensatory damages'' and inserting ``may bring a de
novo action at law or equity against any entity violating
subsection (a) to seek compensatory damages''; and
(F) in paragraph (4), as so redesignated, by striking
``paragraph (2)'' and inserting ``paragraph (3)'';
(4) by striking subsection (d);
(5) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively;
(6) in subsection (d), as redesignated by paragraph (5)--
(A) by inserting ``(1)'' before ``Nothing'';
(B) by adding ``or other reprisal'' after
``discrimination'';
(C) by striking ``an employee'' and inserting ``a protected
individual'';
(D) by striking ``the employee'' and inserting ``the
protected individual''; and
(E) by adding at the end the following new paragraph:
``(2) State and local employees may file complaints for
relief under this section, and nothing in this section may be
construed to preempt, preclude, or limit the protections
provided for public or private employees under State or local
whistleblower laws.'';
(7) by inserting after subsection (e), as so redesignated,
the following new subsection:
``(f) General Provisions.--
``(1) Rights retained by employee.--Nothing in this section
shall diminish the rights, privileges, or remedies of any
protected individual under any Federal or State law, or under
any collective bargaining agreement.
``(2) Liability.--Notwithstanding any other provision of
law, a protected individual shall be immune from civil and
criminal liability for making the disclosure if the protected
individual would be protected from reprisal under subsection
(a). The protected individual shall bear the burden required
under subsection (a) of proving that the individual would be
protected from reprisal under subsection (a) for making the
disclosure. This paragraph does not provide a defense against
activities unrelated to protected activity under subsection
(a).
[[Page S7384]]
``(3) Nonenforceability of certain provisions waiving or
overriding rights and remedies or requiring arbitration of
disputes.--
``(A) Waiver of rights and remedies.--Except as provided
under subparagraph (C), 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.
``(B) Predispute arbitration agreements.--Except as
provided under subparagraph (C), no predispute arbitration
agreement shall be valid or enforceable if it requires
arbitration of a dispute arising under this section.
``(C) Exception for collective bargaining agreements.--
Notwithstanding subparagraphs (A) and (B), an arbitration
provision in a collective bargaining agreement shall be
enforceable as to disputes arising under the collective
bargaining agreement.
``(4) Requirement to post notice of rights and remedies.--
Any non-Federal employer receiving covered funds (and the
head of the applicable agency in the case of a Federal
personal services contract involving covered funds) shall
prominently post notice on its website and to each employee
of the rights and remedies provided under this section, in
the predominant native languages of the workforce.''; and
(8) in subsection (g)--
(A) in paragraph (1), by striking ``that is inconsistent''
and all that follows through the period at the end and
inserting ``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.'';
(B) by redesignating paragraph (2) as paragraph (5);
(C) by inserting after paragraph (1) the following new
paragraphs:
``(2) 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
paragraph; 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 (Public Law 116-136), 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;
``(iv) the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (Public Law 116-123),
or an amendment made by that Act; or
``(v) division M or N of the Consolidated Appropriations
Act, 2021 (Public Law 116-260), or an amendment made by that
division.
``(3) 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;
or
``(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.
``(4) 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
grant or contract with such employer (including a contractor,
subcontractor, grantee, subgrantee, 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).''; and
(D) by inserting after paragraph (5), as redesignated by
subparagraph (B), the following new paragraphs:
``(6) 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, except with respect to a personal
services contractor.
``(7) The term `protected individual' means--
``(A) a contractor, subcontractor, grantee, or subgrantee;
``(B) an employee, applicant or former employee of a
contractor, subcontractor, grantee, or subgrantee; or
``(C) a personal services contractor who engages in
activity for which any discrimination is prohibited under
subsection (a).
``(8) 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).''.
(c) 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) of section 2409 of title 10,
United States Code, or subsection (a) of section 4712 of
title 41, United States Code, as amended by subsections (a)
and (b), respectively, of this section, may submit a
complaint regarding the reprisal. Any complaint so submitted
shall be transmitted to the relevant Office of Inspector
General for enforcement in accordance with such sections,
including notice to the complainant of the referral and
relevant procedures.
______