[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.
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\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.
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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\
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\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\
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\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).
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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.
* * * * * * *
[all]