[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.
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