[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5015-S5016]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2722. Mr. PETERS submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 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 appropriate place, insert the following:

     SEC. ___. EXPANDING WHISTLEBLOWER PROTECTIONS FOR CONTRACTORS 
                   ACT OF 2024.

       (a) Short Title.--This section may be cited as the 
     ``Expanding Whistleblower Protections for Contractors Act of 
     2024''.
       (b) 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;

[[Page S5016]]

       ``(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.''.
       (c) 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)).''.
                                 ______