,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gbbg ,,in ,,the ,,house ,,of ,,representatives ,june #ae1 #bjbj,ms4 ,speier 7for herself1 ,mr4 ,raskin1 ,mr4 ,cohen1 ,mrs4 ,hayes1 ,ms4 ,norton1 ,ms4 ,tlaib1 and ,miss ,rice of ,new ,york7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to protect certain whistleblowers seeking to ensure accountability and oversight of the ,nation's ,,covid-#ai pandemic response1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,covid-#ai ,whistleblower ,protection ,act4 #b4 ,definitions ,in this ,act-- 7#a7 the term abuse of authority means an arbitrary and capricious exercise of authority by a contracting officer or employee that adversely affects the rights of any individual1 or that results in personal gain or advantage to the officer or employee or to preferred other individuals2 7#b7 the term ,,cares ,act means the ,,cares ,act 7,public ,law #aaf-acf72 7#c7 the term ,coronavirus pandemic-related program1 project1 or activity-- 7,a7 means a program1 project1 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 address1 relief from1 or funding to address the outbreak of ,,covid-#ai that is enacted before1 on1 or after the date of enactment of this ,act2 and 7,b7 includes any program1 project1 or activity of the executive branch of the ,federal ,government authorized under or carried out using amounts made available under-- 7i7 the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci71 or an amendment made by that ,act2 7ii7 the ,,cares ,act1 or an amendment made by that ,act2 7iii7 the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg71 or an amendment made by that ,act2 or 7iv7 the ,coronavirus ,preparedness and ,response ,supplemental ,appropriations ,act1 #bjbj 7,public ,law #aaf-abc71 or an amendment made by that ,act2 7#d7 the term covered funds means any contract1 subcontract1 grant1 subgrant1 loan1 loan guarantee1 or other payment for which-- 7,a7 the ,federal ,government provides any portion of the funds or property that is provided1 requested1 or demanded2 and 7,b7 any portion of the funds are appropriated or otherwise made available under or to carry out a ,coronavirus pandemic-related program1 project1 or activity2 7#e7 the term employee-- 7,a7 except as provided under subparagraph 7,b71 means an individual performing services on behalf of an employer1 including any individual working for an employer under a contract with such employer 7including a contractor1 subcontractor1 or agent of an employer72 and 7,b7 does not include any ,federal employee or member of the uniformed services 7as that term is defined in section #aja7;a77#e7 of title #aj1 ,united ,states ,code72 7#f7 the term non-,federal employer-- 7,a7 means any employer-- 7i7 with respect to covered funds-- 7,i7 the contractor1 subcontractor1 grantee1 subgrantee1 or recipient1 as the case may be1 if the contractor1 subcontractor1 grantee1 subgrantee1 or recipient is an employer2 and 7,,ii7 any professional membership organization1 certification or other professional body1 any agent or licensee of the ,federal ,government1 or any person acting directly or indirectly in the interest of an employer receiving covered funds2 or 7ii7 with respect to covered funds received by a ,state or local government1 the ,state or local government receiving the funds and any contractor or subcontractor of the ,state or local government2 and 7,b7 does not mean any department1 agency1 or other entity of the ,federal ,government2 7#g7 the term protected individual means-- 7,a7 an employee of1 former employee of1 or individual seeking employment with1 any non-,federal employer receiving covered funds2 or 7,b7 a ,federal personal services contractor receiving covered funds1 former such ,federal personal services contractor1 or applicant for a ,federal personal services contract involving such funds2 7#h7 the term reprisal means an action 7or1 as applicable1 inaction7 that is discharging1 demoting1 blacklisting1 or acting or failing to take an action in a manner prejudicial against1 or otherwise discriminating against in any way 7including in the hiring process and including by the threat of any such action or inaction7 a protected individual as described in section #c7;a77#a7 for a reason described in subparagraph 7,a7 or 7,b7 of such section2 and 7#i7 the term ,state or local government means-- 7,a7 the government of each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,virgin ,islands1 the ,commonwealth of the ,northern ,mariana ,islands1 or any other territory or possession of the ,united ,states2 or 7,b7 the government of any political subdivision of a government listed in subparagraph 7,a74 #c4 ,protecting whistleblowers 7a7 ,prohibition of reprisals 7#a7 ,in general ,a protected individual may not be discharged1 demoted1 blacklisted1 prejudiced by any action or lack of action1 or otherwise discriminated against in any way 7including in the hiring process and including by the threat of any such action or inaction7 for-- 7,a7 disclosing1 being perceived as disclosing1 or preparing to disclose 7including assisting in disclosing1 being perceived as assisting in disclosing1 or preparing to assist in disclosing and including a disclosure made in the ordinary course of the duties of the protected individual7 to an officer or entity described in paragraph 7#b7 information that the protected individual reasonably believes is evidence of misconduct that violates1 obstructs1 or undermines any statute1 rule1 or regulation with respect to any ,coronavirus pandemic-related program1 project1 or activity1 including-- 7i7 gross mismanagement of an agency contract1 subcontract1 grant1 or subgrant relating to covered funds2 7ii7 a gross waste of covered funds2 7iii7 a substantial and specific danger to public health or safety2 7iv7 an abuse of authority related to the distribution1 implementation1 or use of covered funds1 including conflict of interest or partiality2 and 7v7 a violation of any statute1 rule1 or regulation related to an agency contract1 subcontract 7including the competition for or negotiation of a contract or subcontract71 grant1 or subgrant1 awarded or issued relating to covered funds2 or 7,b7 refusing to obey an order that the protected individual reasonably believes would require that individual to violate a statute1 rule1 or regulation with respect to any ,coronavirus pandemic-related program1 project1 or activity4 7#b7 ,officers and entities ,the officers and entities described in this paragraph are-- 7,a7 the ,pandemic ,response ,accountability ,committee2 7,b7 an inspector general1 including the ,special ,inspector ,general for ,pandemic ,relief2 7,c7 the ,congressional ,oversight ,commission2 7,d7 the ,comptroller ,general of the ,united ,states2 7,e7 a ,member of ,congress2 7,f7 a congressional committee2 7,g7 a ,state or ,federal regulatory or law enforcement agency2 7,h7 7i7 an individual with supervisory authority over a protected individual2 or 7ii7 another individual who-- 7,i7 has authority to investigate1 discover1 or terminate misconduct2 and 7,,ii7 works for the non-,federal employer 7in the case of a protected individual described in section #b7g77;,a771 or the ,federal ,government 7in the case of a protected individual described in section #b7g77;,b772 7,i7 a court or grand jury2 7,j7 an officer or representative of a labor organization2 or 7,k7 the head of a ,federal agency or a designee of such a head4 7#c7 ,application 7,a7 ,in general ,for the purposes of paragraph 7#a7-- 7i7 a protected individual who initiates or provides evidence of misconduct by a contractor1 subcontractor1 grantee1 or subgrantee in any judicial or administrative proceeding relating to waste1 fraud1 or abuse in connection with a ,federal contract or grant shall be deemed to have made a disclosure covered by such paragraph2 and 7ii7 any discharge1 demotion1 discrimination1 or other reprisal described in paragraph 7#a7 is prohibited even if it is undertaken at the request of an executive branch officer or employee1 unless the request takes the form of a non-discretionary directive and is within the authority of the executive branch official making the request4 7,b7 ,protection of whistleblower identity 7i7 ,in general ,except as required by law1 an officer or entity described in paragraph 7#b7 that receives information under paragraph 7#a7 and any individual or entity to which the officer or entity discloses the information may not disclose the identity or identifying information of the protected individual providing the information without explicit written consent of the protected individual4 7ii7 ,notice ,if disclosure of the identity or identifying information of a protected individual providing information under paragraph 7#a7 is required by law1 the recipient shall provide timely notice of the disclosure to the protected individual4 7b7 ,investigation of complaints 7#a7 ,complaints 7,a7 ,in general ,a protected individual who believes that the individual has been subjected to a reprisal prohibited under subsection 7a7 may1 within #c years after learning of the alleged reprisal1 submit a complaint regarding the reprisal to the ,secretary of ,labor in accordance with paragraph 7#b74 7,b7 ,response ,not later than #fj days after the submission of a complaint under subparagraph 7,a71 the applicable non-,federal employer 7or the applicable agency head in the case of a ,federal personal services contract involving covered funds7 shall submit an answer to the complaint to the ,secretary of ,labor4 7#b7 ,remedy and enforcement authority 7,a7 ,rules and procedures ,except to the extent provided otherwise in this section1 any action alleging a reprisal prohibited under subsection 7a7 shall be governed1 to the maximum extent practicable1 by the rules and procedures for administrative and judicial enforcement1 including for investigations1 civil actions1 appeals1 and relief1 set forth under section #gfbc7;d7 of the ,internal ,revenue ,code of #aihf4 7,b7 ,burden of proof ,the ,secretary of ,labor1 or the officer presiding in a judicial or administrative proceeding1 shall apply the legal burdens of proof specified in section #abba7;e7 of title #e1 ,united ,states ,code1 in determining whether a reprisal prohibited under subsection 7a7 has occurred in accordance with the rules and procedures under subparagraph 7,a74 7,c7 ,access to investigative file of the ,secretary of ,labor 7i7 ,in general ,a protected individual alleging a reprisal under this section shall have access to the investigation file of the ,secretary of ,labor in accordance with section #eeb;a of title #e1 ,united ,states ,code 7commonly referred to as the ,privacy ,act74 ,the investigation of the ,secretary of ,labor shall be deemed closed for purposes of disclosure under such section when an individual files an appeal to an agency head or a court of competent jurisdiction4 7ii7 ,civil action ,in the event a protected individual alleging a reprisal under this section brings a civil action under this subsection1 the protected individual and the non-,federal employer 7or the head of the applicable agency in the case of a ,federal personal services contract involving covered funds71 if applicable1 shall have access to the investigative file of the ,secretary of ,labor in accordance with the section #eeb;a of title #e1 ,united ,states ,code4 7iii7 ,exception ,the ,secretary of ,labor may exclude from disclosure-- 7,i7 information protected from disclosure by a provision of law2 and 7,,ii7 any additional information the ,secretary of ,labor determines disclosure of which would impede a continuing investigation1 if such information is disclosed once such disclosure would no longer impede such investigation1 unless the ,secretary of ,labor determines that disclosure of law enforcement techniques1 procedures1 or information could reasonably be expected to risk circumvention of the law or disclose the identity of a confidential source4 7iv7 ,privacy of information ,the ,secretary of ,labor investigating an alleged reprisal under this section may not respond to any inquiry or disclose any information from or about any protected individual alleging such reprisal1 except in accordance with the provisions of section #eeb;a of title #e1 ,united ,states ,code1 or as required by any other applicable ,federal law4 7c7 ,general provisions 7#a7 ,rights retained by employee ,nothing in this section shall diminish the rights1 privileges1 or remedies of any protected individual under any ,federal or ,state law1 or under any collective bargaining agreement4 7#b7 ,liability ,notwithstanding any other provision of law1 a protected individual shall be immune from civil and criminal liability with respect to a disclosure by the individual if the individual would be protected from reprisal under subsection 7a7 for making the disclosure4 ,the protected individual shall bear the burden of proving that the individual would be protected from reprisal under subsection 7a7 for making the disclosure4 7#c7 ,nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes 7,a7 ,waiver of rights and remedies ,except as provided under subparagraph 7,c71 the rights and remedies provided for in this section may not be waived by any public or private agreement1 policy1 form1 or condition of employment1 including by any predispute arbitration agreement4 7,b7 ,predispute arbitration agreements ,except as provided under subparagraph 7,c71 no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising under this section4 7,c7 ,exception for collective bargaining agreements ,notwithstanding subparagraphs 7,a7 and 7,b71 an arbitration provision in a collective bargaining agreement shall be enforceable as to disputes arising under the collective bargaining agreement4 7#d7 ,requirement to post notice of rights and remedies ,any non-,federal employer receiving covered funds 7and the head of the applicable agency in the case of a ,federal personal services contract involving covered funds7 shall post notice of the rights and remedies provided under this section4 7d7 ,rules of construction 7#a7 ,no implied authority to retaliate for non-protected disclosures ,nothing in this section may be construed to-- 7,a7 authorize the discharge of1 demotion of1 or discrimination or other reprisal against a protected individual for a disclosure other than a disclosure protected by subsection 7a72 or 7,b7 modify or derogate from a right or remedy otherwise available to the protected individual4 7#b7 ,relationship to state laws ,nothing in this section may be construed to preempt1 preclude1 or limit the protections provided for public or private employees under ,state whistleblower laws4 7e7 ,complaint portal ,the ,special ,inspector ,general for ,pandemic ,relief1 the ,pandemic ,relief ,accountability ,committee1 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 7a7 may submit a complaint regarding the reprisal4 ,such complaints shall be transmitted to the ,secretary of ,labor for enforcement in accordance with this section4 7f7 ,funding ,there is appropriated to the ,secretary of ,labor for the fiscal year ending ,september #cj1 #bjbj1 out of any money in the ,treasury not otherwise appropriated1 #bj1jjj1jjj to carry out this ,act1 to remain available until expended4