[Senate Report 118-202]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 448

118th Congress    }                                     {    Report
                                 SENATE                          
 2nd Session      }                                     {    118-202
_______________________________________________________________________




                   EXPANDING WHISTLEBLOWER PROTECTIONS
                      FOR CONTRACTORS ACT OF 2023

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 1524

                TO ENSURE THAT WHISTLEBLOWERS, INCLUDING
           CONTRACTORS, ARE PROTECTED FROM RETALIATION WHEN A
       FEDERAL EMPLOYEE ORDERS A REPRISAL, AND FOR OTHER PURPOSES



              [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]



                 July 29, 2024.--Ordered to be printed

                               ______
                                 

                 U.S. GOVERNMENT PUBLISHING OFFICE

                          WASHINGTON : 2024









        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman

THOMAS R. CARPER, Delaware           RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada                  MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut      JOSH HAWLEY, Missouri
LAPHONZA R. BUTLER, California       ROGER MARSHALL, Kansas

                   David M. Weinberg, Staff Director
                      Alan S. Kahn, Chief Counsel
            Lena C. Chang, Director of Governmental Affairs
               Emily I. Manna, Professional Staff Member
           William E. Henderson III, Minority Staff Director
              Christina N. Salazar, Minority Chief Counsel
                  Andrew J. Hopkins, Minority Counsel
                     Laura W. Kilbride, Chief Clerk









                                                      Calendar No. 448

118th Congress    }                                     {    Report
                                 SENATE                          
 2nd Session      }                                     {    118-202

======================================================================



 
                   EXPANDING WHISTLEBLOWER PROTECTIONS
                      FOR CONTRACTORS ACT OF 2023

                                _______
                                

                 July 29, 2024.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 1524]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 1524) to ensure 
that whistleblowers, including contractors, are protected from 
retaliation when a Federal employee orders a reprisal, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment, in the nature of a substitute, and 
recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
 IV. Section-by-Section Analysis of the Bill, as Reported.............3
  V. Evaluation of Regulatory Impact..................................4
 VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Bill, as Reported............5

                         I. Purpose and Summary

    S. 1524, the Expanding Whistleblower Protections for 
Contractors Act of 2024, would strengthen whistleblower 
protections for federal contractors by prohibiting reprisal for 
certain actions. Such actions would include refusal to 
participate in an activity that would require the protected 
individual to violate a law, rule, or regulation, and 
disclosure of information the protected individual believes is 
evidence of mismanagement, waste, abuse, or a substantial and 
specific danger to public health and safety related to a 
contract or grant. The bill would also ensure that agreements 
or conditions of employment would not waive a contractor's 
right to relief. Additionally, the legislation would introduce 
accountability for executive branch officials and clarify that 
they do not have the authority to request that a contractor 
engage in a reprisal.

              II. Background and Need for the Legislation

    Employees of federal government contractors currently have 
different whistleblower protections than regular government 
employees and private sector employees, including protection 
for refusing to obey illegal orders, preventing pre-dispute 
arbitration agreements from waiving important employee rights, 
and ensuring accountability for federal officials who order 
retaliation against a whistleblower.\1\ This bill would 
explicitly extend these important protections to contractors 
and bring whistleblower protections for contractors in line 
with existing protections for federal and private sector 
employees.
---------------------------------------------------------------------------
    \1\See, for example, 5 U.S.C. Sec. 2302(b)(9)(D), which protects 
government employees if they refuse to obey illegal orders. See also, 
18 U.S. Code Sec. 1514A(e)(2); 12 U.S. Code Sec. 5567(d)(2); 26 U.S. 
Code Sec. 7623(d)(5)(B); 31 U.S. Code Sec. 5323(j)(2); and 49 U.S. Code 
Sec. 60129(e)(2); which provide that private sector employees' 
whistleblower protections can't be waived by pre-dispute arbitration 
agreements.
---------------------------------------------------------------------------
    Inspectors General have examined and identified the need 
for greater parity in whistleblower protections for federal 
government contractors. In a recent Department of Housing and 
Urban Development Office of Inspector General (OIG) 
investigation, the Inspector General found that thousands of 
employees of contractors lack whistleblower protections, which 
may dissuade individuals from making important disclosures of 
waste, fraud, and abuse.\2\ In a 2019 case, the State 
Department OIG unearthed an instance of an executive branch 
employee directing a contractor to remove an employee. This 
bill would amend existing law to clarify that executive branch 
employees may not direct contractors to retaliate against 
employees for protected activity.\3\
---------------------------------------------------------------------------
    \2\Office of Inspector General, United States Department of Housing 
and Urban Development, Management Alert--HUD Should Take Additional 
Steps to Protect (2023-IG-002) (May 30, 2022).
    \3\See 41 U.S.C. Sec. 4712(a)(3)(B), which allows reprisal at the 
request of an executive branch official if the ``request takes the form 
of a non-discretionary directive and is within the authority of the 
executive branch official making the request.''
---------------------------------------------------------------------------
    Further, there are areas of the law where additional 
clarity would be beneficial to federal contractor 
whistleblowers, including issues stemming from recent court 
cases. This bill makes clear that a contractor employee who 
discloses waste, fraud, and abuse is protected from reprisal 
and the individual's due process rights and access to the 
courts and remedies may not be waived.\4\ The bill also 
clarifies that state government employees working on federal 
government contracts are protected under the law, which is 
current practice for federal IGs but was called into question 
by a recent federal court decision.\5\
---------------------------------------------------------------------------
    \4\This provision was included in response to the 5th Circuit's 
ruling in Robertson v. Intratek Computer, Inc., No. 19-50792 (5th Cir. 
2020) which held that 41 U.S. Code Sec. 4712 does not render an 
arbitration agreement between a whistleblower and his former employer 
unenforceable.
    \5\Texas Education Agency v. United States Department of Education, 
No. 20-60051 (5th Cir. 2021).
---------------------------------------------------------------------------
    Finally, the bill would expand the scope of protections to 
federal contract or grant recipients themselves, which would 
include individual contractors or business owners, so that all 
reports of mismanagement, waste, and abuse are protected from 
reprisal and not only those reported by contractors' employees.

                        III. Legislative History

    Senator Gary Peters (D-MI) introduced S. 1524, the 
Expanding Whistleblower Protections for Contractors Act of 
2024, on May 10, 2023, with original cosponsor Senator Mike 
Braun (R-IN). The bill was referred to the Committee on 
Homeland Security and Governmental Affairs.
    The Committee considered S. 1524 at a business meeting on 
March 6, 2024. At the business meeting, Senator Peters offered 
a substitute amendment to the bill, as well as a modification 
to the substitute amendment. The Peters substitute amendment, 
as modified, included express protections for contractors of 
the intelligence community and removed a provision that 
required former employees to have made protected disclosures 
within 180 days after an employee's termination. It also 
removed a provision that would have made protected activities 
under the law an affirmative defense in court.
    The Committee adopted the modification to the Peters 
substitute amendment, and the Peters substitute amendment as 
modified, by unanimous consent, with Senators Peters, Hassan, 
Rosen, Ossoff, Blumenthal, Butler, Paul, Johnson, Scott, and 
Marshall present. The bill, as amended by the Peters substitute 
amendment as modified, was ordered reported favorably by roll 
call vote of 11 yeas to 0 nays, with Senators Peters, Hassan, 
Rosen, Ossoff, Blumenthal, Butler, Paul, Johnson, Scott, 
Hawley, and Marshall voting in the affirmative. Senators 
Carper, Sinema, and Lankford voted yea by proxy, and Senator 
Romney voted nay by proxy, for the record only.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section establishes the short title of the bill as the 
``Expanding Whistleblower Protections for Contractors Act of 
2024.''

Section 2. Defense contractor employees: protection from reprisal for 
        disclosure of certain information

    Subsection (1)(A) prohibits reprisal against ``protected 
individuals'' for refusing to obey an order that would require 
the individual to violate a law, rule, or regulation related to 
a contract or grant.
    Subsection (1)(B) clarifies that it is not within the 
authority of an executive branch official to request that a 
contractor, subcontractor, grantee, or subgrantee engage in 
prohibited reprisal.
    Subsection (2)(A) allows agency heads to propose 
appropriate disciplinary action against executive branch 
officials found to have requested that a contractor, 
subcontractor, grantee, or subgrantee engage in prohibited 
reprisal.
    Subsection (2)(B) clarifies that protections in this 
section may not be waived by any public or private agreement, 
policy, form, or condition of employment, including pre-dispute 
arbitration agreements.
    Subsection (3) eliminates the exception that this section 
shall not apply to any element of the intelligence community.
    Subsection (4) replaces the term ``employee'' with 
``protected individual.''
    Subsection (5) defines ``protected individual'' as any DOD 
or NASA contractor, subcontractor, grantee, or subgrantee, 
including state, tribal, and territorial governments and 
political subdivisions of those governments, and including 
those contractors, subcontractors, grantees, or subgrantees of 
elements of the intelligence community within the DOD. The 
definition includes employees of such entities. The definition 
also includes personal services contractors.

Section 3. Enhancement of non-defense contractor protection from 
        reprisal for disclosure of certain information

    Subsection (1)(A) prohibits reprisal against ``protected 
individuals'' for refusing to obey an order that would require 
the individual to violate a law, rule, or regulation related to 
a federal contract or grant.
    Subsection (1)(B) clarifies that it is not within the 
authority of an executive branch official to request that a 
contractor, subcontractor, grantee, or subgrantee engage in 
prohibited reprisal.
    Subsection (2)(A) allows agency heads to propose 
appropriate disciplinary action against executive branch 
officials found to have requested that a contractor, 
subcontractor, grantee, or subgrantee engage in prohibited 
reprisal.
    Subsection (2)(B) clarifies that protections in this 
section may not be waived by any public or private agreement, 
policy, form, or condition of employment, including pre-dispute 
arbitration agreements.
    Subsection (3) replaces the term ``employee'' with 
``protected individual.''
    Subsection (4) eliminates the exception that this section 
shall not apply to any element of the intelligence community.
    Subsection (5) defines ``protected individual'' as any 
contractor, subcontractor, grantee, or subgrantee of the 
federal government, including state, tribal, and territorial 
governments, political subdivisions of those governments, and 
elements of the intelligence community. The definition includes 
employees of such entities. The definition also includes 
personal services contractors.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    S. 1524 would expand and clarify existing protections for 
federal contractors and grantees against reprisal for 
disclosing that a federal agency is engaging in specific 
activities, including grossly mismanaging its accounts, 
violating the law, or endangering public health or safety.
    CBO estimates that implementing S. 1524 would cost less 
than $500,000 over the 2024-2029 period for administrative 
costs to update the relevant policies and procedures. Any 
related spending would be subject to the availability of 
appropriated funds.
    Enacting S. 1524 could affect direct spending by some 
agencies that are allowed to use fees, receipts from the sale 
of goods, and other collections to cover operating costs. CBO 
estimates that any net changes in direct spending by those 
agencies would be negligible because most of them can adjust 
amounts collected to reflect changes in operating costs.
    The CBO staff contact for this estimate is Kelly Durand. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 10--ARMED FORCES

           *       *       *       *       *       *       *


Subtitle A--General Military Law

           *       *       *       *       *       *       *


PART V--ACQUISITION

           *       *       *       *       *       *       *



Subpart H--Contract Management

           *       *       *       *       *       *       *



CHAPTER 365--CONTRACTOR WORKFORCE

           *       *       *       *       *       *       *



SEC. 4701. CONTRACTOR EMPLOYEES: PROTECTION FROM REPRISAL FOR 
                    DISCLOSURE OF CERTAIN INFORMATION

    (a) Prohibition of Reprisals.--(1) [An employee of a 
contractor, subcontractor, grantee, or subgrantee or personal 
services contractor] A protected individual may not be 
discharged, demoted, or otherwise discriminated against as a 
reprisal for [disclosing to a person or body described in 
paragraph (2) information that the employee reasonably believes 
is evidence of] the following:
          [(A) Gross mismanagement of a Department of Defense 
        contract or grant, a gross waste of Department funds, 
        an abuse of authority relating to a Department contract 
        or grant, or a violation of law, rule, or regulation 
        related to a Department contract (including the 
        competition for or negotiation of a contract) or grant.
          [(B) Gross mismanagement of a National Aeronautics 
        and Space Administration contract or grant, 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) or grant.
          [(C) A substantial and specific danger to public 
        health or safety.]
          (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.
    (2) * * *
    (3) * * *
          (A) [an employee] a protected individual who 
        initiates or provides evidence of contractor, 
        subcontractor, grantee, subgrantee, or personal 
        services contractor misconduct in any judicial or 
        administrative proceeding relating to waste, fraud, or 
        abuse on a Department of Defense or National 
        Aeronautics and Space Administration contract or grant 
        shall be deemed to have made a disclosure covered by 
        such paragraph; and
          [(B) a reprisal described in paragraph (1) is 
        prohibited even if it is undertaken at the request of a 
        Department or Administration official, unless the 
        request takes the form of a nondiscretionary directive 
        and is within the authority of the Department or 
        Administration official making the request.]
          (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).
    (b) Investigation of Complaints.--(1) * * *
    (c) Remedy and Enforcement Authority.--(1) * * *
          (A) * * *
          (B) * * *
          (C) * * *
          (D) * * *
          (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).
    (2) * * *
    (3) * * *
    (4) * * *
    (5) * * *
    (6) * * *
    [(7) The rights and remedies provided for in this section 
may not be waived by any agreement, policy, form, or condition 
of employment.]
    (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.
    (d) * * *
    [(e) Exceptions.--(1) This section shall not apply to any 
element of the intelligence community, as defined in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).]
    [(2) This section shall not apply to any disclosure made by 
an employee of a contractor, subcontractor, grantee, 
subgrantee, or personal services contractor of an element of 
the intelligence community if such disclosure--
          [(A) relates to an activity of an element of the 
        intelligence community; or
          [(B) was discovered during contract, subcontract, 
        grantee, or subgrantee services provided to an element 
        of the intelligence community.]
    [(f)](e) Construction.--Nothing in this section may be 
construed to authorize the discharge of, demotion of, or 
discrimination against [an employee] a protected individual for 
a disclosure other than a disclosure protected by subsection 
(a) or to modify or derogate from a right or remedy otherwise 
available to [the employee] the protected individual.
    [(g)](f) * * *
          (1) * * *
          (2) * * *
          (3) * * *
          (4) * * *
          (5) * * *
          (6) * * *
          (7) * * *
          (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.

           *       *       *       *       *       *       *


TITLE 41--PUBLIC CONTRACTS

           *       *       *       *       *       *       *


SUBTITLE I--FEDERAL PROCUREMENT POLICY

           *       *       *       *       *       *       *


DIVISION C--PROCUREMENT

           *       *       *       *       *       *       *



CHAPTER 47--MISCELLANEOUS

           *       *       *       *       *       *       *



SEC. 4712. ENHANCEMENT OF CONTRACTOR PROTECTION FROM REPRISAL FOR 
                    DISCLOSURE OF CERTAIN INFORMATION

    (a) Prohibition of Reprisals.--
          [(1) In general.--An employee of a contractor, 
        subcontractor, grantee, subgrantee, or personal 
        services contractor may not be discharged, demoted, or 
        otherwise discriminated against as a reprisal for 
        disclosing to a person or body described in paragraph 
        (2) information that the employee reasonably believes 
        is evidence of gross mismanagement of a Federal 
        contract or grant, a gross waste of Federal funds, an 
        abuse of authority relating to a Federal contract or 
        grant, a substantial and specific danger to public 
        health or safety, or a violation of law, rule, or 
        regulation related to a Federal contract (including the 
        competition for or negotiation of a contract) or 
        grant.]
          (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.
          (2) * * *
          (3) * * *
                  (A) [an employee] a protected individual who 
                initiates or provides evidence of contractor, 
                subcontractor, grantee, subgrantee, or personal 
                services contractor misconduct in any judicial 
                or administrative proceeding relating to waste, 
                fraud, or abuse on a Federal contract or grant 
                shall be deemed to have made a disclosure 
                covered by such paragraph; and
                  [(B) a reprisal describedin paragraph (1) is 
                prohibited even if it is undertaken at the 
                request of an executive branch official, unless 
                the request takes the form of a non-
                discretionary directive and is within the 
                authority of the executive branch official 
                making the request.]
                  (B) 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).
    (b) * * *
    (c) * * *
          (1) * * *
                  (A) * * *
                  (B) * * *
                  (C) * * *
                  (D) * * *
                  (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).
          (2) * * *
          (3) * * *
          (4) * * *
          (5) * * *
          (6) * * *
          [(7) Rights and remedies not waivable.--The rights 
        and remedies provided for in this section may not be 
        waived by any agreement, policy, form, or condition of 
        employment.]
          (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.
    (d) * * *
    (e) Construction.--Nothing in this section may be construed 
to authorize the discharge of, demotion of, or discrimination 
against [an employee] a protected individual for a disclosure 
other than a disclosure protected by subsection (a) or to 
modify or derogate from a right or remedy otherwise available 
to [the employee] the protected individual.
    [(f) Exceptions.--(1) This section shall not apply to any 
element of the intelligence community, as defined in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
    [(2) This section shall not apply to any disclosure made by 
an employee of a contractor, subcontractor, grantee, 
subgrantee, or personal services contractor of an element of 
the intelligence community if such disclosure--
          [(A) relates to an activity of an element of the 
        intelligence community; or
          [(B) was discovered during contract, subcontract, 
        grantee, subgrantee, or personal services contractor 
        services provided to an element of the intelligence 
        community.]
          [(g)](f) * * *
          (1) * * *
          (2) * * *
          (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)).
    [(h)](g) Construction.--Nothing in this section, or the 
amendments made by this section, shall be construed to provide 
any rights to disclose classified information not otherwise 
protected by law.

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