I 

116TH CONGRESS 

2D SESSION H. R. 7076 

To ensure ethical and accountable use of COVID–19 relief funds, to prevent 

corruption and bias in the disbursement and supervision of those funds, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 1, 2020 

Ms. JAYAPAL (for herself, Mr. SARBANES, Ms. CLARKE of New York, Ms. 

NORTON, Mr. GRIJALVA, Mr. ROSE of New York, Mr. DESAULNIER, Mr. 

CICILLINE, Ms. WILD, and Mr. PAPPAS) introduced the following bill; 

which was referred to the Committee on Oversight and Reform, and in 

addition to the Committees on the Judiciary, Financial Services, Education and Labor, Small Business, House Administration, Intelligence 

(Permanent Select), Armed Services, Foreign Affairs, and Ways and 

Means, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To ensure ethical and accountable use of COVID–19 relief 

funds, to prevent corruption and bias in the disbursement and supervision of those funds, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Coronavirus Oversight 

3 and Recovery Ethics Act of 2020’’ or the ‘‘CORE Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act— 

6 (1) the term ‘‘abuse of authority’’ means an ar7 bitrary and capricious exercise of authority by a con8 tracting officer or employee that adversely affects 

9 the rights of any individual, or that results in per10 sonal gain or advantage to the officer or employee 

11 or to preferred other individuals; 

12 (2) the term ‘‘CARES Act’’ means the CARES 

13 Act (Public Law 116–136); 

14 (3) the term ‘‘Coronavirus pandemic-related 

15 program, project, or activity’’— 

16 (A) means a program, project, or activity 

17 of the executive branch of the Federal Govern18 ment authorized under or carried out using 

19 amounts made available under an Act to re20 spond to or to provide aid or assistance to ad21 dress, relief from, or funding to address the 

22 outbreak of COVID–19 that is enacted before, 

23 on, or after the date of enactment of this Act; 

24 and 

25 (B) includes any program, project, or ac26 tivity of the executive branch of the Federal 


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1 Government authorized under or carried out 

2 using amounts made available under— 

3 (i) the Paycheck Protection Program 

4 and Health Care Enhancement Act (Public 

5 Law 116–139), or an amendment made by 

6 that Act; 

7 (ii) the CARES Act, or an amend8 ment made by that Act; 

9 (iii) the Families First Coronavirus 

10 Response Act (Public Law 116–127), or an 

11 amendment made by that Act; or 

12 (iv) the Coronavirus Preparedness and 

13 Response Supplemental Appropriations 

14 Act, 2020 (Public Law 116–123), or an 

15 amendment made by that Act; 

16 (4) the term ‘‘covered contract’’ means a con17 tract that— 

18 (A) has a value of more than $150,000; 

19 and 

20 (B) relates to the administration or execu21 tion of authorities under a Coronavirus pan22 demic-related program, project, or activity; 

23 (5) the term ‘‘covered contractor’’ means a pri24 vate sector contractor (at any tier) or advisor proVerDate Sep 11 2014 18:20 Jul 01, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7076.IH H7076

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1 viding goods, property, or services under a covered 

2 contract; 

3 (6) the term ‘‘covered funds’’ means any con4 tract, subcontract, grant, subgrant, loan, loan guar5 antee, or other payment for which— 

6 (A) the Federal Government provides any 

7 portion of the funds or property that is pro8 vided, requested, or demanded; and 

9 (B) any portion of the funds are appro10 priated or otherwise made available under or to 

11 carry out a Coronavirus pandemic-related pro12 gram, project, or activity; 

13 (7) the term ‘‘designated agency ethics official’’ 

14 has the meaning given that term under section 109 

15 of the Ethics in Government Act of 1978 (5 U.S.C. 

16 App.); 

17 (8) the term ‘‘Director’’ means the Director of 

18 the Office of Government Ethics; 

19 (9) the term ‘‘employee’’— 

20 (A) except as provided under subparagraph 

21 (B), means an individual performing services on 

22 behalf of an employer, including any individual 

23 working for an employer under a contract with 

24 such employer (including a contractor, subcon25 tractor, or agent of an employer); and 


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1 (B) does not include any Federal employee 

2 or member of the uniformed services (as that 

3 term is defined in section 101(a)(5) of title 10, 

4 United States Code); 

5 (10) the term ‘‘ethics and conflicts of interest 

6 regulations’’ means the regulations issued by the Di7 rector under subsection (b) of section 3, in accord8 ance with the requirements under section 3; 

9 (11) the term ‘‘non-Federal employer’’— 

10 (A) means any employer— 

11 (i) with respect to covered funds— 

12 (I) the contractor, subcontractor, 

13 grantee, subgrantee, or recipient, as 

14 the case may be, if the contractor, 

15 subcontractor, grantee, subgrantee, or 

16 recipient is an employer; and 

17 (II) any professional membership 

18 organization, certification or other 

19 professional body, any agent or li20 censee of the Federal Government, or 

21 any person acting directly or indi22 rectly in the interest of an employer 

23 receiving covered funds; or 

24 (ii) with respect to covered funds re25 ceived by a State or local government, the 


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1 State or local government receiving the 

2 funds and any contractor or subcontractor 

3 of the State or local government; and 

4 (B) does not mean any department, agen5 cy, or other entity of the Federal Government; 

6 (12) the term ‘‘reprisal’’, for purposes of sec7 tion 11, means an action (or, as applicable, inaction) 

8 that is discharging, demoting, blacklisting, or acting 

9 or failing to take an action in a manner prejudicial 

10 against, or otherwise discriminating against in any 

11 way (including in the hiring process and including 

12 by the threat of any such action or inaction) an em13 ployee, former employee, or individual seeking em14 ployment as described in section 11(a)(1) for engag15 ing in, being perceived as engaging in, or preparing 

16 to engage in the disclosure of information as de17 scribed in such section; 

18 (13) the term ‘‘senior executive’’ means an indi19 vidual— 

20 (A) employed by a private employer; and 

21 (B) who— 

22 (i) receives annual compensation from 

23 the private employer in an amount that is 

24 more that $1,000,000; 


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1 (ii) has direct authority over more 

2 than 1 percent of the funds provided under 

3 a Coronavirus pandemic-related program, 

4 project, or activity; or 

5 (iii) for an employee of a private em6 ployer for which the annual average rev7 enue for the period of 2017, 2018, and 

8 2019 is not less than $1,000,000,000, is 1 

9 of the 100 most highly compensated execu10 tives of the private employer; and 

11 (14) the term ‘‘State or local government’’ 

12 means— 

13 (A) the government of each of the several 

14 States, the District of Columbia, the Common15 wealth of Puerto Rico, Guam, American Samoa, 

16 the Virgin Islands, the Commonwealth of the 

17 Northern Mariana Islands, or any other terri18 tory or possession of the United States; or 

19 (B) the government of any political sub20 division of a government listed in subparagraph 

21 (A). 

22 SEC. 3. ETHICS AND CONFLICTS OF INTEREST. 

23 (a) PURPOSE.—The purpose of this section is to set 

24 forth standards to address and prevent conflicts of interest 

25 or abuses of authority that may arise in connection with 


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1 the administration and execution of the authorities under 

2 a Coronavirus pandemic-related program, project, or activ3 ity, including under the CARES Act. 

4 (b) STANDARDS REQUIRED.—The Director shall 

5 issue regulations necessary to address and prevent con6 flicts of interest or abuses of authority that may arise in 

7 connection with the administration or execution of the au8 thorities under a Coronavirus pandemic-related program, 

9 project, or activity, including— 

10 (1) conflicts arising in the selection or hiring of 

11 covered contractors or advisors, including contrac12 tors, banks, and other private sector entities involved 

13 in the administration of programs or services au14 thorized under paragraph (36) of section 7(a) of the 

15 Small Business Act (15 U.S.C. 636(a)) or under 

16 section 4003 of the CARES Act; 

17 (2) the management, administration, or dis18 tribution of funds, grants, loans, loan guarantees, or 

19 other investments under a Coronavirus pandemic-re20 lated program, project, or activity; 

21 (3) post-employment restrictions on Federal of22 ficers and employees; 

23 (4) any exercise of authority by Federal officers 

24 and employees that adversely affects the rights of 


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1 any person, or that results in personal gain or ad2 vantage to the officer or employee; and 

3 (5) any other potential conflict of interest or 

4 abuse of authority, as the Director determines nec5 essary or appropriate in the public interest. 

6 (c) TIMING.— 

7 (1) IN GENERAL.—As soon as practicable after 

8 the date of enactment of this Act, but in any event 

9 not later than 60 days after such date of enactment, 

10 the Director shall issue the ethics and conflicts of in11 terest regulations. 

12 (2) WAIVER TO ENSURE COMPLIANCE WITH

13 TIMING.—To the extent compliance with the require14 ments under subchapter II of chapter 5 of title 5, 

15 United States Code, would prevent the Director 

16 from complying with the timeframe specified under 

17 paragraph (1) for issuance of the ethics and con18 flicts of interest regulations, such subchapter shall 

19 not apply to the issuance of the ethics and conflicts 

20 of interest regulations. 

21 (d) SCOPE.—The ethics and conflicts of interest regu22 lations shall address actual and potential conflicts of inter23 est, or circumstances that give rise to the appearance of 

24 a conflict of interest to a reasonable person, including— 


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1 (1) any actual or potential personal conflict of 

2 interest, including any personal, business, or finan3 cial interest of any individual involved in the admin4 istration or execution of the authorities under a 

5 Coronavirus pandemic-related program, project, or 

6 activity or such an interest of a spouse, child, par7 ent, sibling, son-in-law, or daughter-in-law of such 

8 an individual; and 

9 (2) any actual or potential conflict of interest of 

10 a covered contractor, including any political activity 

11 that creates the appearance of a conflict of interest 

12 to a reasonable person, or any situation in which a 

13 covered contractor has an interest or relationship 

14 that could cause a reasonable person with knowledge 

15 of the relevant facts to question the objectivity, im16 partiality, or judgment of the covered contractor to 

17 perform under a covered contract or to represent the 

18 Federal Government. 

19 (e) CONTRACTORS AND ADVISORS.— 

20 (1) COMPLIANCE PROGRAM.—The ethics and 

21 conflicts of interest regulations shall require— 

22 (A) a covered contractor to maintain a 

23 compliance program reasonably designed to de24 tect and prevent violations of Federal law, inVerDate Sep 11 2014 18:20 Jul 01, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7076.IH H7076

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1 cluding Federal securities laws, and conflicts of 

2 interest; and 

3 (B) that such a compliance program— 

4 (i) include plans to mitigate any con5 flict of interest, including any personal 

6 conflict of interest of any individual per7 forming duties under a covered contract; 

8 (ii) allow for the Director or the des9 ignated agency ethics official for the appli10 cable Federal agency to disapprove any 

11 plan described in clause (i) that is insuffi12 cient; 

13 (iii) be posted by the covered con14 tractor on the public website of the covered 

15 contractor; and 

16 (iv) be provided to the Director or to 

17 the designated agency ethics official for the 

18 applicable Federal agency. 

19 (2) INFORMATION REQUIRED.—The ethics and 

20 conflicts of interest regulations shall require a cov21 ered contractor to provide to the Director or the des22 ignated agency ethics official for the applicable Fed23 eral agency, upon request or through a process spec24 ified in the ethics and conflicts of interest regulaVerDate Sep 11 2014 18:20 Jul 01, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7076.IH H7076

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1 tions, sufficient information to evaluate any conflict 

2 of interest, which may include— 

3 (A) the relationship of the covered con4 tractor to any other involved contractors or ad5 visors; 

6 (B) information concerning all other busi7 ness or financial interests of the covered con8 tractor, the proposed subcontractors of the cov9 ered contractor, or entities related to the cov10 ered contractor (including any parent company 

11 or subsidiary of a covered contractor, any entity 

12 holding more than a 5 percent equity interest in 

13 the covered contractor, and any entity in which 

14 the covered contractor holds more than a 5 per15 cent equity interest); 

16 (C) a description of all of the conflicts of 

17 interest and potential conflicts of interest of the 

18 covered contractor; 

19 (D) a detailed written plan to mitigate all 

20 of the conflicts of interest and potential con21 flicts of interest of the covered contractor, along 

22 with supporting documents; and 

23 (E) any other information or documenta24 tion about the covered contractor, the proposed 

25 subcontractors of the covered contractor, or enVerDate Sep 11 2014 18:20 Jul 01, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H7076.IH H7076

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1 tities related to the covered contractor that the 

2 Director or the designated agency ethics official 

3 for the applicable Federal agency may request. 

4 (3) TERMS OF CONTRACT OR AGREEMENT.— 

5 (A) IN GENERAL.—On and after the effec6 tive date of the ethics and conflicts of interest 

7 regulations, the Federal Government may not 

8 enter into (or renew) a covered contract, unless 

9 the covered contract includes enforceable terms 

10 and conditions to enforce the ethics and con11 flicts of interest regulations. 

12 (B) EXISTING CONTRACTS.—With respect 

13 to a covered contract entered into before the ef14 fective date of the ethics and conflicts of inter15 est regulations, the head of the Federal agency 

16 that entered into the covered contract and the 

17 contracting officers of the Federal agency shall 

18 make efforts, to the maximum extent prac19 ticable and as part of the first amendment or 

20 modification to the contract after such effective 

21 date, to update the covered contract to include 

22 and enforce the ethics and conflicts of interest 

23 regulations. 

24 (4) WRITTEN CERTIFICATION.—The ethics and 

25 conflicts of interest regulations— 


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1 (A) shall require a covered contractor to 

2 submit, under penalty of perjury, to the Direc3 tor or the designated agency ethics official for 

4 the applicable Federal agency a written certifi5 cation— 

6 (i) certifying that no conflicts of inter7 est exists (and that individuals performing 

8 services under the covered contract have no 

9 personal conflicts of interest); or 

10 (ii) explaining in detail— 

11 (I) the extent to which the cov12 ered contractor can certify and de13 scribe the actions the covered con14 tractor has taken and plans to take to 

15 mitigate any conflict of interest; and 

16 (II) the timeframe for implemen17 tation for the actions described in 

18 subclause (I); and 

19 (B) may specify the frequency with which 

20 a covered contractor shall submit a written cer21 tification described in subparagraph (A). 

22 (5) RETENTION OF INFORMATION.—The ethics 

23 and conflicts of interest regulations shall require 

24 covered contractors to— 


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1 (A) retain the information needed to com2 ply with this section, including the written cer3 tifications required by this section, for a speci4 fied period of time; and 

5 (B) make such information available to the 

6 Director or the designated agency ethics official 

7 for the applicable Federal agency upon request. 

8 (6) CONCURRENT ACTIVITIES.—The ethics and 

9 conflicts of interest regulations may restrict certain 

10 market activities by a covered contractor that are 

11 likely to cause impermissible conflicts of interest. 

12 (7) RULE OF CONSTRUCTION REGARDING PRO13 CUREMENT INTEGRITY ACT.—Nothing in this section 

14 shall be construed to modify the application of chap15 ter 21 of title 41, United States Code, to covered 

16 contracts or to covered contractors. 

17 (f) INDIVIDUAL CONFLICTS OF INTEREST.— 

18 (1) PERSONAL OR FINANCIAL CONFLICTS OF

19 INTEREST.—The ethics and conflicts of interest reg20 ulations shall ensure that any individual (including 

21 any officer or employee of the executive branch of 

22 the Federal Government) who participates personally 

23 and substantially in the administration or execution 

24 of any Coronavirus pandemic-related program, 

25 project, or activity, through, for example, decision, 


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1 approval, disapproval, recommendation, or the ren2 dering of advice, has no personal or financial conflict 

3 of interest (including a situation that would cause a 

4 reasonable person with knowledge of the relevant 

5 facts to question the objectivity, impartiality, or 

6 judgment of the individual in such performance, or 

7 the ability of the individual to represent the interests 

8 of the Federal Government), unless mitigation meas9 ures have addressed the conflict to the satisfaction 

10 of the Director or the designated agency ethics offi11 cial for the applicable Federal agency, or the conflict 

12 is waived in accordance with waiver rules. 

13 (2) INFORMATION REQUIRED.— 

14 (A) IN GENERAL.—The ethics and conflicts 

15 of interest regulations may require certain offi16 cers or employees of the Federal Government to 

17 submit, in writing, information about their per18 sonal, business, and financial relationships, and 

19 such relationships of their spouses and depend20 ent children, that would cause a reasonable per21 son with knowledge of the relevant facts to 

22 question the objectivity, impartiality, or judg23 ment of the officer or employee or the ability of 

24 the officer or employee to represent the inter25 ests of the Federal Government. 


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1 (B) MINIMIZATION OF DUPLICATION.—To 

2 the extent practicable, the ethics and conflicts 

3 of interest regulations should ensure that the 

4 submission of information under subparagraph 

5 (A) does duplicate the financial disclosures re6 quired under the Ethics in Government Act of 

7 1978 (5 U.S.C. App.). 

8 (C) DISCLOSURE.—The ethics and con9 flicts of interest regulations shall provide for 

10 appropriate and reasonable public disclosure of 

11 any information submitted under subparagraph 

12 (A). 

13 (3) DISQUALIFICATION.— 

14 (A) IN GENERAL.—The ethics and conflicts 

15 of interest regulations shall specify cir16 cumstances in which an officer or employee of 

17 the Federal Government with an actual or po18 tential personal conflict of interest is disquali19 fied from performing work as part of the ad20 ministration or execution of any Coronavirus 

21 pandemic-related program, project, or activity 

22 unless mitigation measures have addressed the 

23 conflict to the satisfaction of the Director or the 

24 designated agency ethics official for the applica25 ble Federal agency. 


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1 (B) WAIVER.—The ethics and conflicts of 

2 interest regulations may establish a process by 

3 which individuals may seek a waiver of disquali4 fication from the Director or the designated 

5 agency ethics official for the applicable Federal 

6 agency if it is clear from the totality of the cir7 cumstances that a waiver is in the interest of 

8 the Federal Government. 

9 (g) GIFTS.— 

10 (1) IN GENERAL.—The ethics and conflicts of 

11 interest regulations shall restrict officers and em12 ployees of the Federal Government and covered con13 tractors involved in the administration or execution 

14 of the authorities under a Coronavirus pandemic-re15 lated program, project, or activity and covered con16 tractors from accepting or soliciting favors, gifts, or 

17 other items of significant monetary value from any 

18 individual or entity seeking official action from the 

19 Federal Government in connection with the adminis20 tration or execution of the authorities under a 

21 Coronavirus pandemic-related program, project, or 

22 activity. 

23 (2) RULE OF CONSTRUCTION REGARDING EX24 ISTING GIFT LIMITATIONS.—Nothing in this sub25 section shall be construed to modify the application 


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1 of subpart B of part 2635 of title 5, Code of Federal 

2 Regulations (relating to gifts from outside sources). 

3 (h) IMPROPER USE.— 

4 (1) IN GENERAL.—The ethics and conflicts of 

5 interest regulations shall restrict the improper use of 

6 property of the United States for the benefit of any 

7 individual or entity other than the United States in 

8 the administration or execution of the authorities 

9 under a Coronavirus pandemic-related program, 

10 project, or activity. 

11 (2) RULE OF CONSTRUCTION REGARDING EX12 ISTING USE OF INFORMATION LIMITATIONS.—Noth13 ing in this subsection shall be construed to modify 

14 the application of section 2635.703 of title 5, Code 

15 of Federal Regulations (relating to use of nonpublic 

16 information). 

17 (i) PROMISES AND PLEDGES.— 

18 (1) IN GENERAL.—The ethics and conflicts of 

19 interest regulations shall restrict officers and em20 ployees of the Federal Government involved in the 

21 administration or execution of the authorities under 

22 a Coronavirus pandemic-related program, project, or 

23 activity and covered contractors from making any 

24 unauthorized promise or commitment on behalf of 

25 the United States in the administration or execution 


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1 of the authorities under a Coronavirus pandemic-re2 lated program, project, or activity. 

3 (2) RULE OF CONSTRUCTION REGARDING

4 ANTIDEFICIENCY ACT.—Nothing in this subsection 

5 shall be construed to modify the application of sec6 tion 1341 of title 31, United States Code (relating 

7 to limitations on expending and obligating amounts). 

8 (j) POST-EMPLOYMENT RESTRICTIONS.—The ethics 

9 and conflicts of interest regulations— 

10 (1) shall establish post-employment restrictions 

11 (in addition to the restrictions in effect under sec12 tion 207 of title 18, United States Code) applicable 

13 to officers and employees of the Federal Government 

14 involved in the administration or execution of the 

15 authorities under a Coronavirus pandemic-related 

16 program, project, or activity necessary to ensure eth17 ical administration of the Coronavirus pandemic-re18 lated program, project, or activity, which shall, at a 

19 minimum, prohibit such an officer or employee of an 

20 executive agency from engaging in lobbying activities 

21 with respect to the executive agency during the 5- 

22 year period beginning on the date of separation from 

23 service with the executive agency; and 

24 (2) may include restrictions on officers and em25 ployees of the Federal Government involved in the 


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1 administration or execution of the authorities under 

2 a Coronavirus pandemic-related program, project, or 

3 activity seeking, negotiating, discussing, or accepting 

4 employment or compensation from any private sector 

5 entity with respect to which the officer or employee 

6 personally or substantially participated in (through 

7 decision, approval, disapproval, recommendation) the 

8 provision of funds, grants, loans, loan guarantees, or 

9 other investments under the Coronavirus pandemic10 related program, project, or activity. 

11 (k) COMMUNICATIONS WITH GOVERNMENT EMPLOY12 EES.—The ethics and conflicts of interest regulations shall 

13 prohibit, during the course of any process for selecting a 

14 covered contractor (including any process using non-com15 petitive procedures), an entity participating in the process 

16 or a representative of the entity from— 

17 (1) directly or indirectly making any offer or 

18 promise of future employment or business oppor19 tunity to, or engaging directly or indirectly in any 

20 discussion of future employment or business oppor21 tunity with, any officer or employee of the Federal 

22 Government with personal or direct responsibility for 

23 that procurement; 

24 (2) offering, giving, or promising to offer or 

25 give, directly or indirectly, any money, gratuity, or 


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1 other thing of value to any officer or employee of the 

2 Federal Government, except as otherwise permitted 

3 by law; or 

4 (3) soliciting or obtaining from any officer or 

5 employee of the Federal Government, directly or in6 directly, any information that is not public and was 

7 prepared for use by the United States for the pur8 pose of evaluating an offer, quotation, or response to 

9 enter into an arrangement with the United States. 

10 (l) LAWS APPLIED.— 

11 (1) IN GENERAL.—Nothing in this section shall 

12 be construed to modify that any individual who acts 

13 for or on behalf of the United States in the adminis14 tration and execution of the authorities under a 

15 Coronavirus pandemic-related program, project, or 

16 activity— 

17 (A) shall comply with sections 201 and 

18 208 of title 18, United States Code; and 

19 (B) may be subject to criminal penalties 

20 for violating such sections. 

21 (2) FALSE STATEMENTS.—Nothing in this sec22 tion shall be construed to modify the application of 

23 section 1001 of title 18, United States Code, (relat24 ing to the making of any false or fraudulent state25 ment to a Federal officer) to any information or cerVerDate Sep 11 2014 18:20 Jul 01, 2020 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H7076.IH H7076

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1 tification submitted to the United States by an indi2 vidual or entity under the ethics and conflicts of in3 terest regulations. 

4 (3) CRIMINAL REFERRAL AND REPORTING.—If 

5 the Director or a designated agency ethics official 

6 receives information indicating that any individual or 

7 entity has violated any provision of title 18, United 

8 States Code, or another provision of criminal law 

9 (including any provision involving fraud, conflict of 

10 interest, bribery, or gratuity violations under title 

11 18, United States Code) or violated sections 3729 

12 through 3733 of title 31, United States Code, (com13 monly known as the ‘‘False Claims Act’’) in the ad14 ministration or execution of the authorities under a 

15 Coronavirus pandemic-related program, project, or 

16 activity, the Director or designated agency ethics of17 ficial shall refer the alleged violation to the Attorney 

18 General and report the alleged violation to the Spe19 cial Inspector General for Pandemic Relief, the Con20 gressional Oversight Commission, and the Pandemic 

21 Response Accountability Committee. 

22 (m) CONFLICTS OF INTEREST ENFORCEMENT.— 

23 (1) PENALTIES.—The ethics and conflicts of in24 terest regulations shall provide that— 


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1 (A) if an officer or employee of the Federal 

2 Government violates a requirement under the 

3 ethics and conflicts of interest regulations, the 

4 Director may take necessary and appropriate 

5 action authorized under section 402 of the Eth6 ics in Government Act of 1978 (5 U.S.C. App.); 

7 and 

8 (B) if a covered contractor violates a re9 quirement under the ethics and conflicts of in10 terest regulations, the Director may impose or 

11 pursue sanctions, which may include— 

12 (i) termination of the covered con13 tract; 

14 (ii) debarment of the covered con15 tractor for Federal Government con16 tracting or otherwise disqualifying the cov17 ered contractor from receiving Federal con18 tracts; 

19 (iii) requiring the covered contractor 

20 to remove 1 or more employees of the cov21 ered contractor from the performance of 

22 the covered contract; 

23 (iv) requiring the covered contractor 

24 to terminate a subcontract; 


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1 (v) suspension of payments under the 

2 covered contract until the covered con3 tractor has taken appropriate remedial ac4 tion; 

5 (vi) loss of award fee, consistent with 

6 the award fee plan, for the performance 

7 period during which the Director deter8 mines the covered contractor violated the 

9 requirement; 

10 (vii) declining to exercise available op11 tions under the covered contract; or 

12 (viii) the imposition or recommenda13 tion of any other remedy available under 

14 the terms of the covered contract or an15 other provision of law. 

16 (2) REPORTING TO OTHER OVERSIGHT ENTI17 TIES.—The ethics and conflicts of interest regula18 tions shall require the Director and a designated 

19 agency ethics official to report any violation of a re20 quirement under the ethics and conflicts of interest 

21 regulations and any action taken by the Director re22 lating to the violation to the Special Inspector Gen23 eral for Pandemic Recovery, the Congressional Over24 sight Commission, and the Pandemic Response Ac25 countability Committee. 


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1 (n) WAIVERS.—The ethics and conflicts of interest 

2 regulations may establish a process under which a require3 ment under the ethics and conflicts of interest regulations 

4 may be waived if it is clear from the totality of the cir5 cumstances that a waiver is in the interest of the Federal 

6 Government. 

7 (o) FUNDING.—There is appropriated to the Director 

8 for the fiscal year ending September 30, 2020, out of any 

9 money in the Treasury not otherwise appropriated, 

10 $25,000,000 to carry out this section, to remain available 

11 until expended. 

12 SEC. 4. SPECIAL GOVERNMENT EMPLOYEE AND WHITE 

13 HOUSE TASK FORCE MEMBER ETHICS. 

14 (a) DEFINITIONS.—In this section: 

15 (1) COVERED SPECIAL GOVERNMENT EM16 PLOYEE.—The term ‘‘covered special Government 

17 employee’’ means an individual who— 

18 (A) is appointed by the President to serve 

19 on a White House task force to address the out20 break of COVID–19; or 

21 (B)(i) is— 

22 (I) appointed by the President under 

23 section 710(b)(1) of the Defense Produc24 tion Act of 1950 (50 U.S.C. 4560(b)(1)); 


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1 (II) a provider of a voluntary and un2 compensated service described in section 

3 621(c)(3) of the Robert T. Stafford Dis4 aster Relief and Emergency Assistance Act 

5 (42 U.S.C. 5197(c)(3)); or 

6 (III) a special Government employee 

7 (as defined in section 202(a) of title 18, 

8 United States Code); and 

9 (ii) advises, consults, or otherwise works 

10 on a Coronavirus pandemic-related program, 

11 project, or activity. 

12 (2) PERIODIC TRANSACTION REPORT.—The 

13 term ‘‘periodic transaction report’’ means a report 

14 containing the information required for a report of 

15 a transaction under section 103(l) of the Ethics in 

16 Government Act of 1978 (5 U.S.C. App.). 

17 (3) PUBLIC FINANCIAL DISCLOSURE REPORT.— 

18 The term ‘‘public financial disclosure report’’ means 

19 a report that includes a full and complete statement 

20 with respect to the items described in paragraphs 

21 (1) through (8) of section 102(a) of the Ethics in 

22 Government Act of 1978 (5 U.S.C. App.). 

23 (4) TRANSACTION.—The term ‘‘transaction’’ 

24 means a transaction required to be reported under 


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1 section 102(a)(5)(B) of the Ethics in Government 

2 Act of 1978 (5 U.S.C. App.). 

3 (b) REQUIREMENT.— 

4 (1) IN GENERAL.—A covered special Govern5 ment employee shall file with the Director or the 

6 designated agency ethics official of the agency served 

7 by the covered special Government employee— 

8 (A) for an individual serving as a covered 

9 special Government employee on the date of en10 actment of this Act, not later than the later of 

11 30 days after the date of enactment of this Act, 

12 a public financial disclosure report; 

13 (B) for an individual appointed to a posi14 tion as a covered special Government employee 

15 on or after the date of enactment of this Act, 

16 not later than 30 days after the date of the ap17 pointment, a public financial disclosure report; 

18 (C) not later than 30 days after the special 

19 Government employee is notified of a trans20 action to which the special Government em21 ployee is a party, but in no case later than 45 

22 days after such transaction, a periodic trans23 action report; and 


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1 (D) not later than 30 days after separating 

2 from service as a covered special Government 

3 employee, a public financial disclosure report. 

4 (2) SUBMISSION TO OFFICE OF GOVERNMENT

5 ETHICS.—Not later than 15 days after a designated 

6 agency ethics official receives a report from a cov7 ered special Government employee under paragraph 

8 (1), the designated agency ethics official shall sub9 mit a copy of the report to the Director. 

10 (c) OFFICE OF GOVERNMENT ETHICS.— 

11 (1) PUBLIC AVAILABILITY.—Not later than 15 

12 days after the date on which the Director receives a 

13 report under subsection (b)(1) or (b)(2), the Direc14 tor shall make the report publicly available on the 

15 website of the Office of Government Ethics. 

16 (2) QUARTERLY REVIEWS.—Not later than 90 

17 days after the date of enactment of this Act, and 

18 every 90 days thereafter until the date that is 2 

19 years after the date of enactment of this Act, the 

20 Director shall— 

21 (A) conduct a review to create and update 

22 a list of the names of every covered special Gov23 ernment employee; and 

24 (B) ensure that— 


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1 (i) each covered special Government 

2 employee on the list described in subpara3 graph (A) has timely filed— 

4 (I) the public financial disclosure 

5 report required under subparagraph 

6 (A) or (B) of subsection (b)(1); 

7 (II) each periodic transaction re8 port required under subsection 

9 (b)(1)(C); and 

10 (III) if appropriate, the public fi11 nancial disclosure report required 

12 under subsection (b)(1)(D); and 

13 (ii) each report received by the Direc14 tor under subsections (b)(1) and (b)(2) has 

15 been made publicly available on the website 

16 of the Office of Government Ethics. 

17 SEC. 5. CARES ACT CONFLICT OF INTEREST EXPANSIONS. 

18 (a) SMALL BUSINESS PROGRAMS.—Section 4019 of 

19 the CARES Act (Public Law 116–136) is amended— 

20 (1) in subsection (a), by adding at the end the 

21 following: 

22 ‘‘(7) SMALL BUSINESS ASSISTANCE.—The term 

23 ‘small business assistance’ means assistance pro24 vided under— 


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1 ‘‘(A) paragraph (36) of section 7(a) of the 

2 Small Business Act (15 U.S.C. 636(a)), as 

3 added by section 1102 of this Act; or 

4 ‘‘(B) section 1103, 1108, 1110, or 1112 of 

5 this Act.’’; 

6 (2) in subsection (b)— 

7 (A) by inserting ‘‘or provisions relating to 

8 small business assistance’’ after ‘‘this subtitle’’; 

9 and 

10 (B) by inserting ‘‘or for any small business 

11 assistance’’ before the period at the end; and 

12 (3) in subsection (c)— 

13 (A) by inserting ‘‘or seeking any small 

14 business assistance’’ after ‘‘4003’’; 

15 (B) by inserting ‘‘or small business assist16 ance’’ after ‘‘that transaction’’; 

17 (C) by inserting ‘‘or the Administrator of 

18 the Small Business Administration, as applica19 ble,’’ after ‘‘System’’; and 

20 (D) by inserting ‘‘or receive the small busi21 ness assistance’’ after ‘‘in that transaction’’. 

22 (b) DEFINITION OF COVERED INDIVIDUAL.—Section 

23 4019(a) of the CARES Act is amended by striking para24 graph (3) and inserting the following: 


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1 ‘‘(3) COVERED INDIVIDUAL.—The term ‘cov2 ered individual’ means— 

3 ‘‘(A) the President, the Vice President, the 

4 head of an Executive department, a Member of 

5 Congress, an individual appointed by the Presi6 dent under subsection (a) or (b) of section 105 

7 of title 3, United States Code, or an individual 

8 who is otherwise appointed by the President to 

9 serve as assistant to the President or deputy as10 sistant to the President and holds a commission 

11 of appointment from the President as a civilian 

12 employee; and 

13 ‘‘(B) the spouse, parent, sibling, child, son14 in-law, or daughter-in-law, as determined under 

15 applicable common law, of an individual de16 scribed in subparagraph (A).’’. 

17 SEC. 6. LOBBYING DISCLOSURES AND RESTRICTIONS. 

18 (a) DEFINITIONS.—In this section: 

19 (1) IN GENERAL.—The terms ‘‘client’’, ‘‘covered 

20 executive branch official’’, ‘‘covered legislative 

21 branch official’’, ‘‘employee’’, ‘‘lobbying activities’’, 

22 ‘‘lobbying contact’’, and ‘‘person or entity’’ have the 

23 meanings given the terms in section 3 of the Lob24 bying Disclosure Act of 1995 (2 U.S.C. 1602). 


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1 (2) REGISTRANT.—The term ‘‘registrant’’ 

2 means a person registered under section 4 of the 

3 Lobbying Disclosure Act of 1995 (2 U.S.C. 1603). 

4 (b) REGISTRANT REPORT.—Every 30 days beginning 

5 on the date of enactment of this Act, any registrant who 

6 engages in lobbying activities related to a Coronavirus 

7 pandemic-related program, project, or activity on behalf 

8 of the client of the registrant shall file a report with the 

9 Secretary of the Senate and the Clerk of the House of 

10 Representatives on its lobbying activities during such 30 

11 day period. A separate report shall be filed for each client 

12 of the registrant. 

13 (c) CONTENTS OF THE REPORT.—The reports re14 quired under subsection (b) shall include— 

15 (1) a statement of— 

16 (A) each specific issue with respect to 

17 which the registrant, or any employee of the 

18 registrant, engaged in lobbying activities, in19 cluding, to the maximum extent practicable, a 

20 statement of each Coronavirus pandemic-related 

21 program, project, or activity and reference to 

22 any specific Federal rule or regulation, Execu23 tive order, or any other program, policy, or po24 sition of the United States Government; 


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1 (B) each lobbying activity related to a 

2 Coronavirus pandemic-related program, project, 

3 or activity that the registrant has engaged in on 

4 behalf of the client, including— 

5 (i) each Coronavirus pandemic-related 

6 document submitted by the registrant to 

7 any executive branch official; 

8 (ii) each Coronavirus pandemic-re9 lated meeting conducted that constituted a 

10 lobbying contact, including the specific 

11 subject of the meeting, the date of the 

12 meeting, and the name and position of 

13 each individual who was a party to the 

14 meeting; 

15 (iii) each Coronavirus pandemic-re16 lated phone call made that constituted a 

17 lobbying contact, including the subject of 

18 the phone call, the date of the phone call, 

19 and the name and position of each indi20 vidual who was a party to the phone call; 

21 and 

22 (iv) each Coronavirus pandemic-re23 lated email or other electronic communica24 tion sent that constituted a lobbying con25 tact, including the subject of the email, the 


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1 date of the email, and the name and posi2 tion of each individual who was a party to 

3 the email; 

4 (C) the name of each employee of the reg5 istrant who did not participate in the lobbying 

6 contact but engaged in lobbying activities re7 lated to a Coronavirus pandemic-related pro8 gram, project, or activity in support of the lob9 bying contact and a description of any such lob10 bying activity; and 

11 (D) with respect to any person or entity 

12 retained by the registrant to engage in lobbying 

13 activities related to a Coronavirus pandemic-re14 lated program, project, or activity on behalf of 

15 the client of the registrant— 

16 (i) the name, address, business tele17 phone number, and principal place of busi18 ness of the person or entity; 

19 (ii) a description of any lobbying ac20 tivity by the person or entity on behalf of 

21 the client of the registrant; 

22 (iii) the amount the registrant paid to 

23 the person or entity for any lobbying activ24 ity by the person or entity on the behalf of 

25 the client of the registrant; 


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1 (iv) the name of each employee of the 

2 person or entity who supervised any lob3 bying activity by the person or entity on 

4 behalf of the client of the registrant; and 

5 (v) the official action or inaction re6 quested in the course of the lobbying activ7 ity; and 

8 (2) a copy of any document transmitted to an 

9 executive branch official in the course of any lob10 bying activity related to a Coronavirus pandemic-re11 lated program, project, or activity by the registrant 

12 on behalf of the client. 

13 (d) PUBLIC AVAILABILITY.—Not later than 7 days 

14 after the date on which the Secretary of the Senate and 

15 the Clerk of the House of Representatives receive a sub16 mission under subsection, Secretary of the Senate and the 

17 Clerk of the House of Representatives shall— 

18 (1) make such submission publicly available on 

19 a website, and 

20 (2) submit to the Special Inspector General for 

21 Pandemic Relief and the Pandemic Relief Account22 ability Committee records documenting all lobbying 

23 activities related to a Coronavirus pandemic-related 

24 program, project, or activity during the previous 30- 

25 day period. 


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1 (e) PROHIBITION.—An executive department or agen2 cy official shall not consider the view of a registrant con3 cerning a Coronavirus pandemic-related program, project, 

4 or activity unless such views are expressed in writing and 

5 in accordance with this Section. 

6 (f) ORAL COMMUNICATION LOBBYING RESTRIC7 TION.—Upon the scheduling of, and again at the outset 

8 of, any oral communication (in-person or telephonic) with 

9 any person or entity concerning a Coronavirus pandemic10 related program, project, or activity, an executive depart11 ment or agency official shall inquire whether any of the 

12 individuals or parties appearing or communicating con13 cerning such program, project, or activity is a registrant. 

14 If so, the registrant may not attend or participate in the 

15 telephonic or in-person contact, but may submit a commu16 nication in writing and in accordance with this section. 

17 (g) GENERAL POLICY COMMUNICATION.— 

18 (1) IN GENERAL.—An executive department or 

19 agency official may generally communicate orally 

20 with registrants regarding a Coronavirus pandemic21 related program, project, or activity if the oral com22 munication does not extend to or touch upon par23 ticular applications or applicants for covered funds. 

24 (2) REQUIRED INQUIRY.—Upon the scheduling 

25 of, and at the outset of, any oral communication 


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1 with any person or entity concerning general policy 

2 issues related to a Coronavirus pandemic-related 

3 program, project, or activity, an executive depart4 ment or agency official shall inquire whether any of 

5 the individuals or parties appearing or commu6 nicating concerning such issues is a registrant. If so, 

7 the official shall comply with paragraph (1). 

8 (h) ENFORCEMENT.— 

9 (1) VIOLATIONS.—A violation of this section by 

10 a registrant or an individual who should have reg11 istered as a registrant shall constitute a violation of 

12 the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 

13 et seq.). 

14 (2) DEPARTMENT OF JUSTICE ENFORCE15 MENT.—The Civil Division of the Department of 

16 Justice shall enforce and investigate alleged viola17 tions of this section. 

18 (3) ENFORCEMENT CAPACITY.—The Civil Divi19 sion of the Department of Justice shall— 

20 (A) designate at least 1 full-time investi21 gator, 1 full-time paralegal and 1 full-time at22 torney to enforce this section; and 

23 (B) publicize a phone number and email 

24 that the public may use to report possible viola25 tions of this section. 


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1 (4) REPORTING VIOLATIONS.—The Office of the 

2 Clerk of the House of Representatives, the Secretary 

3 of the Senate, and private individuals may report 

4 suspected violations of this section. 

5 (5) EGREGIOUS VIOLATIONS.—The Civil Divi6 sion of the Department of Justice shall refer egre7 gious or willful violations to the Criminal Division of 

8 the Department of Justice for possible criminal en9 forcement. In determining investigation and enforce10 ment priorities, the Department of Justice shall 

11 prioritize repeated violations of this section and vio12 lations that demonstrate disregard for public health 

13 and safety. 

14 (6) REFERRALS.—The Special Inspector Gen15 eral for Pandemic Relief shall refer any evidence of 

16 alleged violation of this section to the Civil Division 

17 of the Department of Justice. 

18 SEC. 7. BAN ON POLITICAL SPENDING AND LOBBYING EX19 PENDITURES. 

20 (a) IN GENERAL.—Section 4003(c) of the CARES 

21 Act is amended— 

22 (1) in paragraph (2)— 

23 (A) in subparagraph (H), by striking 

24 ‘‘and’’ at the end; and 


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1 (B) in subparagraph (I), by striking the 

2 period at the end and inserting the following: 

3 ‘‘(J) the agreement provides that, until the 

4 date 12 months after the date the loan or loan 

5 guarantee is no longer outstanding, the eligible 

6 business shall not make— 

7 ‘‘(i) any expenditures relating to Fed8 eral lobbying activities, as defined in sec9 tion 3 of the Lobbying Disclosure Act of 

10 1995 (2 U.S.C. 1602); or 

11 ‘‘(ii) any dues payment to an organi12 zation described in section 501(c)(6) of the 

13 Internal Revenue Code of 1986 that may 

14 be used for expenditures described in 

15 clause (i); and 

16 ‘‘(K) the agreement provides that, until the 

17 date 12 months after the date the loan or loan 

18 guarantee is no longer outstanding, the eligible 

19 business shall not engage in political spending, 

20 including independent expenditures through 

21 third-party organizations, including payments 

22 to organizations described in section 501(c)(6) 

23 or 501(c)(4) of the Internal Revenue Code of 

24 1986 or any political action committee that may 

25 be used for political spending.’’; and 


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1 (2) in paragraph (3)(A)— 

2 (A) in clause (ii)— 

3 (i) in subclause (II), by striking 

4 ‘‘and’’ at the end; 

5 (ii) in subclause (III), by striking the 

6 period at the end and inserting a semi7 colon; and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(VI) until the date 12 months 

11 after the date on which the loan or 

12 loan guarantee is no longer out13 standing, not to make— 

14 ‘‘(aa) any expenditures re15 lating to Federal lobbying activi16 ties, as defined in section 3 of 

17 the Lobbying Disclosure Act of 

18 1995 (2 U.S.C. 1602); or 

19 ‘‘(bb) any dues payment to 

20 an organization described in sec21 tion 501(c)(6) of the Internal 

22 Revenue Code of 1986 that may 

23 be used for expenditures de24 scribed in item (aa); and 


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1 ‘‘(VII) until the date 12 months 

2 after the date on which the loan or 

3 loan guarantee is no longer out4 standing, not to engage in political 

5 spending, including independent ex6 penditures through third-party organi7 zations, including payments to organi8 zations described in section 501(c)(6) 

9 or 501(c)(4) of the Internal Revenue 

10 Code of 1986 or any political action 

11 committee that may be used for polit12 ical spending.’’; and 

13 (B) by striking clause (iii). 

14 (b) APPLICABILITY.—The amendments made by sub15 section (a) shall apply to any loan, loan guarantee, or 

16 other investment under paragraph (1), (2), (3), or (4) of 

17 section 4003(b) of the CARES Act made on or after the 

18 date of enactment of this Act. 

19 SEC. 8. REMOVAL OF INSPECTORS GENERAL; VACANCIES; 

20 CHANGE IN STATUS; TERMS. 

21 (a) REMOVAL FOR CAUSE.— 

22 (1) INSPECTORS GENERAL OF ESTABLISH23 MENTS AND DESIGNATED FEDERAL ENTITIES.—The 

24 Inspector General Act of 1978 (5 U.S.C. App.) is 

25 amended— 


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1 (A) in section 3(b), by inserting after the 

2 first sentence the following: ‘‘An Inspector Gen3 eral may only be removed by the President for 

4 permanent incapacity, neglect of duty, malfea5 sance, conviction of a felony or conduct involv6 ing moral turpitude, knowing violation of a law, 

7 gross mismanagement, gross waste of funds, or 

8 abuse of authority.’’; and 

9 (B) in section 8G(e), by adding at the end 

10 the following: 

11 ‘‘(3) An Inspector General may only be removed 

12 by the head of a designated Federal entity for per13 manent incapacity, neglect of duty, malfeasance, 

14 conviction of a felony or conduct involving moral tur15 pitude, knowing violation of a law, gross mismanage16 ment, gross waste of funds, or abuse of authority.’’. 

17 (2) INSPECTOR GENERAL OF THE INTEL18 LIGENCE COMMUNITY.—Section 103H(c)(4) of the 

19 National Security Act of 1947 (50 U.S.C. 

20 3033(c)(4)) is amended, in the first sentence, by in21 serting ‘‘, and only for permanent incapacity, neglect 

22 of duty, malfeasance, conviction of a felony or con23 duct involving moral turpitude, knowing violation of 

24 a law, gross mismanagement, gross waste of funds, 

25 or abuse of authority’’ before the period at the end. 


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1 (3) INSPECTOR GENERAL OF THE CENTRAL IN2 TELLIGENCE AGENCY.—Section 17(b)(6) of the Cen3 tral Intelligence Act of 1949 (50 U.S.C. 3517(b)(6)) 

4 is amended, in the first sentence, by inserting ‘‘, and 

5 only for permanent incapacity, neglect of duty, mal6 feasance, conviction of a felony or conduct involving 

7 moral turpitude, knowing violation of a law, gross 

8 mismanagement, gross waste of funds, or abuse of 

9 authority’’ before the period at the end. 

10 (4) INSPECTOR GENERAL OF THE GOVERNMENT

11 ACCOUNTABILITY OFFICE.—Section 705(b)(2) of 

12 title 31, United States Code, is amended, in the first 

13 sentence, by inserting ‘‘only for permanent inca14 pacity, neglect of duty, malfeasance, conviction of a 

15 felony or conduct involving moral turpitude, knowing 

16 violation of a law, gross mismanagement, gross 

17 waste of funds, or abuse of authority’’ before the pe18 riod at the end. 

19 (5) INSPECTOR GENERAL FOR THE UNITED

20 STATES CAPITOL POLICE.—Section 1004(b)(3) of 

21 the Legislative Branch Appropriations Act, 2006 (2 

22 U.S.C. 1909(b)(3)) is amended by adding at the end 

23 the following: ‘‘The Board may only remove the In24 spector General for permanent incapacity, neglect of 

25 duty, malfeasance, conviction of a felony or conduct 


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1 involving moral turpitude, knowing violation of a 

2 law, gross mismanagement, gross waste of funds, or 

3 abuse of authority.’’. 

4 (6) INSPECTOR GENERAL OF THE ARCHITECT

5 OF THE CAPITOL.—Section 1301(c)(2)(A) of the Ar6 chitect of the Capitol Inspector General Act of 2007 

7 (2 U.S.C. 1808(c)(2)(A)) is amended by inserting 

8 ‘‘only for permanent incapacity, neglect of duty, 

9 malfeasance, conviction of a felony or conduct involv10 ing moral turpitude, knowing violation of a law, 

11 gross mismanagement, gross waste of funds, or 

12 abuse of authority’’ before the period at the end. 

13 (7) INSPECTOR GENERAL OF THE LIBRARY OF

14 CONGRESS.—Section 1307(c)(2)(A) of the Library of 

15 Congress Inspector General Act of 2005 (2 U.S.C. 

16 185(c)(2)(A)) is amended by inserting ‘‘only for per17 manent incapacity, neglect of duty, malfeasance, 

18 conviction of a felony or conduct involving moral tur19 pitude, knowing violation of a law, gross mismanage20 ment, gross waste of funds, or abuse of authority’’ 

21 before the period at the end. 

22 (8) INSPECTOR GENERAL OF THE GOVERNMENT

23 PUBLISHING OFFICE.—Section 3902(b)(1) of title 

24 44, United States Code, is amended by inserting 

25 ‘‘only for permanent incapacity, neglect of duty, 


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1 malfeasance, conviction of a felony or conduct involv2 ing moral turpitude, knowing violation of a law, 

3 gross mismanagement, gross waste of funds, or 

4 abuse of authority’’ before the period at the end. 

5 (9) SEVERABILITY.—If any provision of the 

6 amendments made by this subsection, or the applica7 tion of such a provision to any person or cir8 cumstance, is held to be unconstitutional, the re9 maining provisions of the amendments made by this 

10 subsection, and the application of such provisions to 

11 any person or circumstance, shall not be affected by 

12 the holding. 

13 (b) CIGIE REPORT ON REMOVALS.—Section 11(c) of 

14 the Inspector General Act of 1978 (5 U.S.C. App.) is 

15 amended by adding at the end the following: 

16 ‘‘(6) ADDITIONAL RESPONSIBILITIES RELATING

17 TO REMOVAL OF INSPECTORS GENERAL.— 

18 ‘‘(A) DEFINITIONS.—In this paragraph— 

19 ‘‘(i) the term ‘appropriate congres20 sional committees’ means— 

21 ‘‘(I) the Committee on Homeland 

22 Security and Governmental Affairs 

23 and the Committee on the Judiciary 

24 of the Senate; and 


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1 ‘‘(II) the Committee on Oversight 

2 and Reform and the Committee on 

3 the Judiciary of the House of Rep4 resentatives; and 

5 ‘‘(ii) the term ‘Inspector General’ 

6 means— 

7 ‘‘(I) an Inspector General ap8 pointed under section 3 or 8G; 

9 ‘‘(II) the Inspector General of 

10 the Central Intelligence Agency estab11 lished under section 17 of the Central 

12 Intelligence Agency Act of 1949 (50 

13 U.S.C. 3517); 

14 ‘‘(III) the Inspector General of 

15 the Intelligence Community estab16 lished under section 103H of the Na17 tional Security Act of 1947 (50 

18 U.S.C. 3033); 

19 ‘‘(IV) the Special Inspector Gen20 eral for Afghanistan Reconstruction 

21 established under section 1229 of the 

22 National Defense Authorization Act 

23 for Fiscal Year 2008 (Public Law 

24 110–181; 122 Stat. 379); 


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1 ‘‘(V) the Special Inspector Gen2 eral for the Troubled Asset Relief 

3 Plan established under section 121 of 

4 the Emergency Economic Stabilization 

5 Act of 2008 (12 U.S.C. 5231); 

6 ‘‘(VI) the Inspector General for 

7 the Government Accountability Office 

8 established under section 705 of title 

9 31, United States Code; 

10 ‘‘(VII) the Inspector General for 

11 the United States Capitol Police es12 tablished under section 1004 of the 

13 Legislative Branch Appropriations 

14 Act, 2006 (2 U.S.C. 1909); 

15 ‘‘(VIII) the Inspector General of 

16 the Architect of the Capitol estab17 lished under section 1301 of the Ar18 chitect of the Capitol Inspector Gen19 eral Act of 2007 (2 U.S.C. 1808); 

20 ‘‘(IX) the Inspector General of 

21 the Library of Congress established 

22 under section 1307 of the Library of 

23 Congress Inspector General Act of 

24 2005 (2 U.S.C. 185); and 


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1 ‘‘(X) the Inspector General of the 

2 Government Publishing Office estab3 lished under section 3901 of title 44, 

4 United States Code. 

5 ‘‘(B) REPORT.—In the event of a removal 

6 of an Inspector General or an acting Inspector 

7 General, the Council shall— 

8 ‘‘(i) investigate the reasons for re9 moval provided by the President or rel10 evant head of the establishment, des11 ignated Federal entity (as defined in sec12 tion 8G), or Federal agency, as applicable, 

13 and publish a publicly available report with 

14 the findings of the Council and, in the case 

15 of an Inspector General or acting Inspector 

16 General appointed by the President, wheth17 er the reasons comply with the relevant 

18 provisions relating to for cause removal; 

19 and 

20 ‘‘(ii) review any investigation that was 

21 being conducted by the Inspector General 

22 or acting Inspector at the time of the re23 moval and report to the appropriate con24 gressional committees, and any other com25 mittee of Congress that the Council deterVerDate Sep 11 2014 18:20 Jul 01, 2020 Jkt 099200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H7076.IH H7076

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1 mines to be relevant, on whether the Coun2 cil finds that the investigation led to the 

3 removal.’’. 

4 (c) VACANCY IN THE POSITION OF INSPECTOR GEN5 ERAL.— 

6 (1) INSPECTORS GENERAL OF ESTABLISH7 MENTS AND DESIGNATED FEDERAL ENTITIES.—The 

8 Inspector General Act of 1978 (5 U.S.C. App.) is 

9 amended— 

10 (A) in section 3, by adding at the end the 

11 following: 

12 ‘‘(h)(1) In the event of a vacancy in the position of 

13 Inspector General— 

14 ‘‘(A) section 3345(a) of title 5, United States 

15 Code, shall not apply; 

16 ‘‘(B) the first assistant to the position of In17 spector General who served in that position for not 

18 less than 30 days immediately preceding the vacancy 

19 shall perform the functions and duties of the Inspec20 tor General temporarily in an acting capacity subject 

21 to the time limitations of section 3346 of title 5, 

22 United States Code; 

23 ‘‘(C) if there is no first assistant to the position 

24 of Inspector General serving in that position for not 

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1 cancy, the President may direct a covered employee 

2 of the Office or another Office to perform the func3 tions and duties of the Inspector General tempo4 rarily in an acting capacity, subject to the time limi5 tations of section 3346 of title 5, United States 

6 Code; and 

7 ‘‘(D) the President may only remove the first 

8 assistant described in subparagraph (B) or the cov9 ered employee directed under subparagraph (C) 

10 after a 30-day period beginning on the date on 

11 which the President provides Congress with a writ12 ten notification of the reasons for the removal. 

13 ‘‘(2) If an Inspector General is removed from office, 

14 the following individuals may bring an action in the appro15 priate district court of the United States to challenge the 

16 removal: 

17 ‘‘(A) The removed Inspector General. 

18 ‘‘(B) Any member of the staff of the removed 

19 Inspector General. 

20 ‘‘(C) Any individual harmed by an action of the 

21 establishment following the removal of the Inspector 

22 General and before the position is filled by an indi23 vidual appointed by the President, with the advice 

24 and consent of the Senate. 


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1 ‘‘(3) Nothing in paragraph (1)(D) shall be construed 

2 to affect any protection provided to a covered employee 

3 under title 5, United States Code. 

4 ‘‘(4) In this subsection, the term ‘covered employee’ 

5 means an officer or employee who, as of the date on which 

6 the individual is directed under paragraph (1)(C), is an 

7 employee, as that term is defined in section 2105 of title 

8 5, United States Code, who— 

9 ‘‘(A) is permitted to submit an appeal to the 

10 Merit Systems Protection Board from any action 

11 which is appealable to the Board under any law, 

12 rule, or regulation; and 

13 ‘‘(B) may obtain judicial review of the final 

14 order or decision of the Board if the employee is ad15 versely affected or aggrieved by that order or deci16 sion.’’; and 

17 (B) in section 8G, by adding at the end 

18 the following: 

19 ‘‘(i)(1) In the event of a vacancy in the position of 

20 Inspector General— 

21 ‘‘(A) the first assistant to the position of In22 spector General who served in that position for not 

23 less than 30 days immediately preceding the vacancy 

24 shall perform the functions and duties of the Inspec25 tor General temporarily in an acting capacity until 


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1 the head of the designated Federal entity appoints 

2 a permanent Inspector General; 

3 ‘‘(B) if there is no first assistant to the position 

4 of Inspector General serving in that position for not 

5 less than 30 days immediately preceding the va6 cancy, the head of the designated Federal entity 

7 shall direct a covered employee of the Office of In8 spector General or another Office of Inspector Gen9 eral to perform the functions and duties of the In10 spector General temporarily in an acting capacity, 

11 until the head of the designated Federal entity ap12 points a permanent Inspector General; and 

13 ‘‘(C) the head of the designated Federal entity 

14 may only remove the first assistant described in sub15 paragraph (A) or the covered employee directed 

16 under subparagraph (B) after a 30-day period be17 ginning on the date on which the head of the des18 ignated Federal entity provides Congress with a 

19 written notification of the reasons for the removal. 

20 ‘‘(2) If an Inspector General is removed from office, 

21 the following individuals may bring an action in the appro22 priate district court of the United States to challenge the 

23 removal: 

24 ‘‘(A) The removed Inspector General. 


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1 ‘‘(B) Any member of the staff of the removed 

2 Inspector General. 

3 ‘‘(C) Any individual harmed by an action of the 

4 designated Federal entity following the removal of 

5 the Inspector General and before the position is 

6 filled by an individual appointed by the head of the 

7 designated Federal entity. 

8 ‘‘(3) Nothing in paragraph (1)(C) shall be construed 

9 to affect any protection provided to a covered employee 

10 under title 5, United States Code. 

11 ‘‘(4) In this subsection, the term ‘covered employee’ 

12 means an officer or employee who, as of the date on which 

13 the individual is directed under paragraph (1)(B), is an 

14 employee, as that term is defined in section 2105 of title 

15 5, United States Code, who— 

16 ‘‘(A) is permitted to submit an appeal to the 

17 Merit Systems Protection Board from any action 

18 which is appealable to the Board under any law, 

19 rule, or regulation; and 

20 ‘‘(B) may obtain judicial review of the final 

21 order or decision of the Board if the employee is ad22 versely affected or aggrieved by that order or deci23 sion.’’. 

24 (2) INSPECTOR GENERAL OF THE INTEL25 LIGENCE COMMUNITY.—Section 103H(c) of the NaVerDate Sep 11 2014 18:20 Jul 01, 2020 Jkt 099200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H7076.IH H7076

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1 tional Security Act of 1947 (50 U.S.C. 3033(c)) is 

2 amended by adding at the end the following: 

3 ‘‘(5) In the event of a vacancy in the position 

4 of Inspector General of the Intelligence Community, 

5 the provisions of section 3(h) of the Inspector Gen6 eral Act of 1978 (5 U.S.C. App.) shall apply as if 

7 the Inspector General were an Inspector General of 

8 an establishment (as defined in section 12 of such 

9 Act (5 U.S.C. App.)).’’. 

10 (3) INSPECTOR GENERAL OF THE CENTRAL IN11 TELLIGENCE AGENCY.—Section 17(b) of the Central 

12 Intelligence Agency Act of 1949 (50 U.S.C. 

13 3517(b)) is amended by adding at the end the fol14 lowing: 

15 ‘‘(7) In the event of a vacancy in the position 

16 of Inspector General of the Agency, the provisions of 

17 section 3(h) of the Inspector General Act of 1978 (5 

18 U.S.C. App.) shall apply as if the Inspector General 

19 were an Inspector General of an establishment (as 

20 defined in section 12 of such Act (5 U.S.C. App.)).’’. 

21 (4) INSPECTOR GENERAL OF THE GOVERNMENT

22 ACCOUNTABILITY OFFICE.—Section 705(b) of title 

23 31, United States Code, is amended— 

24 (A) in the subsection heading, by inserting 

25 ‘‘; Vacancy; Term’’ after ‘‘Removal’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(4) In the event of a vacancy in the position 

3 of Inspector General, the provisions of section 3(h) 

4 of the Inspector General Act of 1978 (5 U.S.C. 

5 App.) shall apply as if the Inspector General were an 

6 Inspector General of an establishment (as defined in 

7 section 12 of such Act (5 U.S.C. App.)).’’. 

8 (5) INSPECTOR GENERAL FOR THE UNITED

9 STATES CAPITOL POLICE.—Section 1004(b) of the 

10 Legislative Branch Appropriations Act, 2006 (2 

11 U.S.C. 1909(b)) is amended by adding at the end 

12 the following: 

13 ‘‘(6) VACANCY.—In the event of a vacancy in 

14 the position of Inspector General, the provisions of 

15 section 3(h) of the Inspector General Act of 1978 (5 

16 U.S.C. App.) shall apply as if the Inspector General 

17 were an Inspector General of an establishment (as 

18 defined in section 12 of such Act (5 U.S.C. App.)).’’. 

19 (6) INSPECTOR GENERAL OF THE ARCHITECT

20 OF THE CAPITOL.—Section 1301(c) of the Architect 

21 of the Capitol Inspector General Act of 2007 (2 

22 U.S.C. 1808(c)) is amended— 

23 (A) in the subsection heading, by inserting 

24 ‘‘; Vacancy; Term’’ after ‘‘Counsel’’; and 

25 (B) by adding at the end the following: 


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1 ‘‘(6) VACANCY.—In the event of a vacancy in 

2 the position of Inspector General, the provisions of 

3 section 3(h) of the Inspector General Act of 1978 (5 

4 U.S.C. App.) shall apply as if the Inspector General 

5 were an Inspector General of an establishment (as 

6 defined in section 12 of such Act (5 U.S.C. App.)).’’. 

7 (7) INSPECTOR GENERAL OF THE LIBRARY OF

8 CONGRESS.—Section 1307(c) of the Library of Con9 gress Inspector General Act of 2005 (2 U.S.C. 

10 185(c)) is amended— 

11 (A) in the subsection heading, by inserting 

12 ‘‘; Vacancy; Term’’ after ‘‘Counsel’’; and 

13 (B) by adding at the end the following: 

14 ‘‘(6) VACANCY.—In the event of a vacancy in 

15 the position of Inspector General, the provisions of 

16 section 3(h) of the Inspector General Act of 1978 (5 

17 U.S.C. App.) shall apply as if the Inspector General 

18 were an Inspector General of an establishment (as 

19 defined in section 12 of such Act (5 U.S.C. App.)).’’. 

20 (8) INSPECTOR GENERAL OF THE GOVERNMENT

21 PUBLISHING OFFICE.—Section 3902 of title 44, 

22 United States Code, is amended by adding at the 

23 end the following: 

24 ‘‘(f) In the event of a vacancy in the position of In25 spector General, the provisions of section 3(h) of the InVerDate Sep 11 2014 18:20 Jul 01, 2020 Jkt 099200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H7076.IH H7076

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1 spector General Act of 1978 (5 U.S.C. App.) shall apply 

2 as if the Inspector General were an Inspector General of 

3 an establishment (as defined in section 12 of such Act (5 

4 U.S.C. App.)).’’. 

5 (9) SPECIAL INSPECTOR GENERAL FOR AF6 GHANISTAN RECONSTRUCTION.—Section 1229(c) of 

7 the National Defense Authorization Act for Fiscal 

8 Year 2008 (Public Law 110–181; 122 Stat. 379) is 

9 amended— 

10 (A) in the subsection heading, by inserting 

11 ‘‘Vacancy; Term’’ after ‘‘Removal’’; and 

12 (B) by adding at the end the following: 

13 ‘‘(7) VACANCY.—In the event of a vacancy in 

14 the position of Inspector General, the provisions of 

15 section 3(h) of the Inspector General Act of 1978 (5 

16 U.S.C. App.) shall apply as if the Inspector General 

17 were an Inspector General of an establishment (as 

18 defined in section 12 of such Act (5 U.S.C. App.)).’’. 

19 (10) SPECIAL INSPECTOR GENERAL FOR THE

20 TROUBLED ASSET RELIEF PLAN.—Section 121(b) of 

21 the Emergency Economic Stabilization Act of 2008 

22 (12 U.S.C. 5231(b)) is amended by adding at the 

23 end the following: 

24 ‘‘(7) In the event of a vacancy in the position 

25 of Special Inspector General, the provisions of secVerDate Sep 11 2014 18:20 Jul 01, 2020 Jkt 099200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H7076.IH H7076

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1 tion 3(h) of the Inspector General Act of 1978 (5 

2 U.S.C. App.) shall apply as if the Special Inspector 

3 General were an Inspector General of an establish4 ment (as defined in section 12 of such Act (5 U.S.C. 

5 App.)).’’. 

6 (d) TEMPORARY INSPECTOR GENERAL.—Section 

7 3345 of title 5, United States Code, is amended by adding 

8 at the end the following: 

9 ‘‘(d) Notwithstanding subsection (a), if the President 

10 fails to submit a nominee to the Senate for an Inspector 

11 General of an office established under section 2 of the In12 spector General Act of 1978 (5 U.S.C. App.) within 210 

13 days after a vacancy occurs in the position, a temporary 

14 Inspector General shall be appointed to the vacant position 

15 by a panel of not fewer than 3 inspectors general, who 

16 shall be appointed by the Chair of the Council of the In17 spectors General on Integrity and Efficiency for the pur18 pose of making such an appointment. 

19 ‘‘(e) When appointing a temporary Inspector General 

20 pursuant to subsection (d), the panel shall select the ap21 pointee from the list of suggested individuals submitted 

22 by the Council of the Inspectors General on Integrity and 

23 Efficiency pursuant to section 11(c)(1)(F) of the Inspec24 tor General Act of 1978 (5 U.S.C. App.). 


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1 ‘‘(f) A temporary Inspector General appointed in ac2 cordance with subsection (d)— 

3 ‘‘(1) is not subject to the term limitations of 

4 section 3346; and 

5 ‘‘(2) may serve as Temporary Inspector Gen6 eral— 

7 ‘‘(A) until such time that a permanent In8 spector General is confirmed by the Senate; or 

9 ‘‘(B) until the temporary Inspector Gen10 eral is removed from office by the President, 

11 who may only remove the temporary Inspector 

12 General if the President, not later than 30 days 

13 before the removal, communicates in writing the 

14 reasons for the removal to both Houses of Con15 gress.’’. 

16 (e) CHANGE IN STATUS.— 

17 (1) CHANGE IN STATUS OF INSPECTORS GEN18 ERAL OF ESTABLISHMENTS.—Section 3(b) of the In19 spector General Act of 1978 (5 U.S.C. App.) is 

20 amended, in the second sentence— 

21 (A) by inserting ‘‘, is placed on paid or un22 paid non-duty status,’’ after ‘‘is removed from 

23 office’’; 

24 (B) by inserting ‘‘, change in status,’’ after 

25 ‘‘any such removal’’; and 


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1 (C) by inserting ‘‘, change in status,’’ after 

2 ‘‘before the removal’’. 

3 (2) CHANGE IN STATUS OF INSPECTORS GEN4 ERAL OF DESIGNATED FEDERAL ENTITIES.—Section 

5 8G(e)(2) of the Inspector General Act of 1978 (5 

6 U.S.C. App.) is amended, in the first sentence— 

7 (A) by inserting ‘‘, is placed on paid or un8 paid non-duty status,’’ after ‘‘office’’; 

9 (B) by inserting ‘‘, change in status,’’ after 

10 ‘‘any such removal’’; and 

11 (C) by inserting ‘‘, change in status,’’ after 

12 ‘‘before the removal’’. 

13 (f) TERM OF OFFICE.— 

14 (1) INSPECTORS GENERAL OF ESTABLISH15 MENTS AND DESIGNATED FEDERAL ENTITIES.—The 

16 Inspector General Act of 1978 (5 U.S.C. App.) is 

17 amended— 

18 (A) in section 3, as amended by this sec19 tion, by adding at the end the following: 

20 ‘‘(i) The term of office of each Inspec21 tor General shall be 7 years. An individual 

22 may serve for more than 1 term in such of23 fice, if the individual is appointed by the 

24 President, by and with the advice and con25 sent of the Senate, for each such term. 


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1 Any individual appointed and confirmed to 

2 fill a vacancy in such position, occurring 

3 before the expiration of the term for which 

4 his or her predecessor was appointed, shall 

5 be appointed and confirmed for a full 7- 

6 year term.’’; and 

7 (B) in section 8G(c)— 

8 (i) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 

9 (ii) by adding at the end the fol10 lowing: 

11 ‘‘(2) The term of office of each Inspector Gen12 eral shall be 7 years. An individual may serve for 

13 more than 1 term in such office. Any individual ap14 pointed to fill a vacancy in such position, occurring 

15 before the expiration of the term for which his or 

16 her predecessor was appointed, shall be appointed 

17 for a full 7-year term.’’. 

18 (2) INSPECTOR GENERAL OF THE INTEL19 LIGENCE COMMUNITY.—Section 103H(c) of the Na20 tional Security Act of 1947 (50 U.S.C. 3033(c)), as 

21 amended by this section, is amended by adding at 

22 the end the following: 

23 ‘‘(6) The term of office of the Inspector General 

24 shall be 7 years. An individual may serve for more 

25 than 1 term in such office. Any individual appointed 


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1 to fill a vacancy in such position, occurring before 

2 the expiration of the term for which his or her pred3 ecessor was appointed, shall be appointed for a full 

4 7-year term.’’. 

5 (3) INSPECTOR GENERAL OF THE CENTRAL IN6 TELLIGENCE AGENCY.—Section 17(b) of the Central 

7 Intelligence Agency Act of 1949 (50 U.S.C. 

8 3517(b)), as amended by this section, is amended by 

9 adding at the end the following: 

10 ‘‘(8) The term of office of the Inspector General 

11 shall be 7 years. An individual may serve for more 

12 than 1 term in such office. Any individual appointed 

13 to fill a vacancy in such position, occurring before 

14 the expiration of the term for which his or her pred15 ecessor was appointed, shall be appointed for a full 

16 7-year term.’’. 

17 (4) INSPECTOR GENERAL OF THE GOVERNMENT

18 ACCOUNTABILITY OFFICE.—Section 705(b) of title 

19 31, United States Code, as amended by this section, 

20 is amended by adding at the end the following: 

21 ‘‘(5) The term of office of the Inspector General 

22 shall be 7 years. An individual may serve for more 

23 than 1 term in such office. Any individual appointed 

24 to fill a vacancy in such position, occurring before 

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1 ecessor was appointed, shall be appointed for a full 

2 7-year term.’’. 

3 (5) INSPECTOR GENERAL FOR THE UNITED

4 STATES CAPITOL POLICE.—Section 1004(b) of the 

5 Legislative Branch Appropriations Act, 2006 (2 

6 U.S.C. 1909(b)), as amended by this section, is 

7 amended by adding at the end the following: 

8 ‘‘(7) TERM.—The term of office of the Inspec9 tor General shall be 7 years. An individual may 

10 serve for more than 1 term in such office. Any indi11 vidual appointed to fill a vacancy in such position, 

12 occurring before the expiration of the term for which 

13 his or her predecessor was appointed, shall be ap14 pointed for a full 7-year term.’’. 

15 (6) INSPECTOR GENERAL OF THE ARCHITECT

16 OF THE CAPITOL.—Section 1301(c) of the Architect 

17 of the Capitol Inspector General Act of 2007 (2 

18 U.S.C. 1808(c)), as amended by this section, is 

19 amended by adding at the end the following: 

20 ‘‘(7) TERM.—In the event of a vacancy in the 

21 position of Inspector General, the provisions of sec22 tion 3(h) of the Inspector General Act of 1978 (5 

23 U.S.C. App.) shall apply as if the Inspector General 

24 were an Inspector General of an establishment (as 

25 defined in section 12 of such Act (5 U.S.C. App.)).’’. 


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1 (7) INSPECTOR GENERAL OF THE LIBRARY OF

2 CONGRESS.—Section 1307(c) of the Library of Con3 gress Inspector General Act of 2005 (2 U.S.C. 

4 185(c)), as amended by this section, is amended by 

5 adding at the end the following: 

6 ‘‘(7) TERM.—The term of office of the Inspec7 tor General shall be 7 years. An individual may 

8 serve for more than 1 term in such office. Any indi9 vidual appointed to fill a vacancy in such position, 

10 occurring before the expiration of the term for which 

11 his or her predecessor was appointed, shall be ap12 pointed for a full 7-year term.’’. 

13 (8) INSPECTOR GENERAL OF THE GOVERNMENT

14 PUBLISHING OFFICE.—Section 3902 of title 44, 

15 United States Code, as amended by this section, is 

16 amended by adding at the end the following: 

17 ‘‘(g) The term of office of the Inspector General shall 

18 be 7 years. An individual may serve for more than 1 term 

19 in such office. Any individual appointed to fill a vacancy 

20 in such position, occurring before the expiration of the 

21 term for which his or her predecessor was appointed, shall 

22 be appointed for a full 7-year term.’’. 

23 (9) SPECIAL INSPECTOR GENERAL FOR AF24 GHANISTAN RECONSTRUCTION.—Section 1229(c) of 

25 the National Defense Authorization Act for Fiscal 


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1 Year 2008 (Public Law 110–181; 122 Stat. 379), as 

2 amended by this section, is amended by adding at 

3 the end the following: 

4 ‘‘(8) TERM.—The term of office of the Inspec5 tor General shall be 7 years. An individual may 

6 serve for more than 1 term in such office. Any indi7 vidual appointed to fill a vacancy in such position, 

8 occurring before the expiration of the term for which 

9 his or her predecessor was appointed, shall be ap10 pointed for a full 7-year term.’’. 

11 (10) SPECIAL INSPECTOR GENERAL FOR THE

12 TROUBLED ASSET RELIEF PLAN.—Section 121(b) of 

13 the Emergency Economic Stabilization Act of 2008 

14 (12 U.S.C. 5231(b)), as amended by this section, is 

15 amended by adding at the end the following: 

16 ‘‘(9) The term of office of the Special Inspector 

17 General shall be 7 years. An individual may serve 

18 for more than 1 term in such office. Any individual 

19 appointed to fill a vacancy in such position, occur20 ring before the expiration of the term for which his 

21 or her predecessor was appointed, shall be appointed 

22 for a full 7-year term.’’. 

23 (11) APPLICATION.— 

24 (A) IN GENERAL.—The amendments made 

25 by this subsection shall apply to an Inspector 


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1 General of the Intelligence Community, an In2 spector General of the Central Intelligence 

3 Agency, an Inspector General of the Govern4 ment Accountability Office, an Inspector Gen5 eral for the United States Capitol Police, an In6 spector General of the Architect of the Capitol, 

7 an Inspector General of the Library of Con8 gress, an Inspector General of the Government 

9 Publishing Office, a Special Inspector General 

10 for Afghanistan Reconstruction, a Special In11 spector General for the Troubled Asset Relief 

12 Plan, and an Inspector General of an establish13 ment or a designated Federal entity, as defined 

14 in sections 12 and 8G(a) of the Inspector Gen15 eral Act of 1978 (5 U.S.C. App.), respectively, 

16 appointed before, on, or after the date of enact17 ment of this Act. 

18 (B) TERM.—The term of office of an In19 spector General described in subparagraph (A) 

20 serving on the date of enactment of this Act is 

21 deemed to begin on such date of enactment. 

22 (g) RULE OF CONSTRUCTION.—Nothing in this sec23 tion shall be construed to supersede or otherwise affect 

24 any protection for an Inspector General against an adverse 


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1 job action that is in existence as of the date of enactment 

2 of this Act. 

3 SEC. 9. STRENGTHENING THE CONGRESSIONAL OVER4 SIGHT COMMISSION. 

5 Section 4020 of the CARES Act is amended— 

6 (1) in subsection (b)(1)(A), by striking ‘‘this 

7 subtitle by the Department of the Treasury and the 

8 Board of Governors of the Federal Reserve System, 

9 including efforts of the Department and the Board 

10 to provide economic stability as a result of the 

11 coronavirus disease 2019 (COVID–19) pandemic of 

12 2020’’ and inserting ‘‘each Coronavirus pandemic-re13 lated program, project, or activity, as defined in sec14 tion 2 of the Coronavirus Oversight and Recovery 

15 Ethics Act’’; and 

16 (2) in subsection (e), by striking paragraph (1) 

17 and inserting the following: 

18 ‘‘(1) HEARINGS AND EVIDENCE.— 

19 ‘‘(A) IN GENERAL.—The Oversight Com20 mission, or any subcommittee or member there21 of, may, for the purpose of carrying out this 

22 section hold hearings, sit and act at times and 

23 places, take testimony, and receive evidence as 

24 the Oversight Commission considers appropriate 


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1 and may administer oaths or affirmations to 

2 witnesses appearing before it. 

3 ‘‘(B) SUBPOENAS.— 

4 ‘‘(i) IN GENERAL.—In holding hear5 ings and receiving evidence under this 

6 paragraph, the Commission may issue sub7 poenas to compel the attendance of and 

8 testimony by witnesses and the production 

9 any book, check, canceled check, cor10 respondence, communication, document, 

11 email, papers, physical evidence, record, re12 cording, tape, or other material (including 

13 electronic records) relating to any matter 

14 or question the Commission is authorized 

15 to oversee. 

16 ‘‘(ii) ENFORCEMENT.—In the case of 

17 contumacy or failure to obey a subpoena 

18 issued under clause (i), the United States 

19 district court for the judicial district in 

20 which the subpoenaed person resides, is 

21 served, or may be found, or where the sub22 poena is returnable, may issue an order re23 quiring such person to appear at any des24 ignated place to testify or to produce docu25 mentary or other evidence. Any failure to 


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1 obey the order of the court may be pun2 ished by the court as a contempt of that 

3 court.’’. 

4 SEC. 10. CONSULTATION WITH PANDEMIC RESPONSE AC5 COUNTABILITY COMMITTEE AND SPECIAL IN6 SPECTOR GENERAL. 

7 Section 15010 of the CARES Act (Public Law 116– 

8 136) is amended by adding at the end the following: 

9 ‘‘(l)(1) Not less frequently than once per week, the 

10 Secretary shall— 

11 ‘‘(A) confer with the Chairman of the Com12 mittee, the Executive Director of the Committee, 

13 and the Special Inspector General for Pandemic Re14 covery; and 

15 ‘‘(B) submit to the appropriate congressional 

16 committees a list of each request for assistance or 

17 information that was unreasonably withheld or not 

18 provided to the Committee or the Special Inspector 

19 General for Pandemic Recovery, as determined by 

20 the Chairman of the Committee and the Executive 

21 Director of the Committee or the Special Inspector 

22 General for Pandemic Recovery, as applicable. 

23 ‘‘(2) The Secretary and the Chairman of the Com24 mittee and the Executive Director of the Committee or 

25 the Special Inspector General for Pandemic Recovery, as 


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1 applicable, shall include with the list described in para2 graph (1)(B) a written certification, under penalty of per3 jury, that the list is true and correct. 

4 ‘‘(3) None of the funds made available under this Act 

5 or any other Act may be used to pay the salary of the 

6 Secretary or any political appointee of the Department of 

7 the Treasury if the Secretary does not submit the list de8 scribed in paragraph (1)(B). 

9 ‘‘(4) If any provision of this section is held to be un10 constitutional or if the Secretary does not comply with this 

11 section, the provisions of this Act giving the Secretary dis12 cretion to provide assistance shall be deemed void and un13 enforceable.’’. 

14 SEC. 11. PROTECTING WHISTLEBLOWERS. 

15 (a) PROHIBITION OF REPRISALS.— 

16 (1) IN GENERAL.—An employee of, former em17 ployee of, or individual seeking employment with any 

18 non-Federal employer or Federal personal services 

19 contractor receiving covered funds may not be dis20 charged, demoted, blacklisted, prejudiced by any ac21 tion or lack of action, or otherwise discriminated 

22 against in any way (including in the hiring process 

23 and including by the threat of any such action or in24 action) for disclosing, being perceived as disclosing, 

25 or preparing to disclose (including a disclosure made 


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1 in the ordinary course of an employee’s duties) to an 

2 officer or entity described in paragraph (2) informa3 tion that the employee, former employee, or indi4 vidual seeking employment reasonably believes would 

5 require the employee to violate this Act, or that the 

6 employee, former employee, or individual seeking 

7 employment reasonably believes is evidence of mis8 conduct that violates, obstructs, or undermines any 

9 statutes, rules, or regulations with respect to any 

10 Coronavirus pandemic-related program, project, or 

11 activity, including— 

12 (A) gross mismanagement of an agency 

13 contract, subcontract, grant, or subgrant relat14 ing to covered funds; 

15 (B) a gross waste of covered funds; 

16 (C) a substantial and specific danger to 

17 public health or safety; 

18 (D) an abuse of authority related to the 

19 distribution, implementation, or use of covered 

20 funds, including conflict of interest or parti21 ality; and 

22 (E) a violation of any statute, rule, or reg23 ulation related to an agency contract, sub24 contract (including the competition for or nego25 tiation of a contract or subcontract), grant, or 


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1 subgrant, awarded, or issued relating to covered 

2 funds. 

3 (2) OFFICERS AND ENTITIES.—The officers and 

4 entities described in this paragraph are— 

5 (A) the Pandemic Response Accountability 

6 Committee; 

7 (B) an inspector general, including the 

8 Special Inspector General for Pandemic Relief; 

9 (C) the Congressional Oversight Commis10 sion; 

11 (D) the Comptroller General of the United 

12 States; 

13 (E) a Member of Congress; 

14 (F) a congressional committee; 

15 (G) a State or Federal regulatory or law 

16 enforcement agency; 

17 (H) an individual with supervisory author18 ity over the employee (or such other person 

19 working for the non-Federal employer who has 

20 the authority to investigate, discover, or termi21 nate misconduct); 

22 (I) a court or grand jury; 

23 (J) an officer or representative of a labor 

24 organization; or 


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1 (K) the head of a Federal agency or a des2 ignee of such a head. 

3 (3) APPLICATION.— 

4 (A) IN GENERAL.—For the purposes of 

5 paragraph (1)— 

6 (i) an employee, former employee, or 

7 individual seeking employment who initi8 ates or provides evidence of misconduct by 

9 a contractor, subcontractor, grantee, or 

10 subgrantee in any judicial or administra11 tive proceeding relating to waste, fraud, or 

12 abuse in connection with a Federal con13 tract or grant shall be deemed to have 

14 made a disclosure covered by such para15 graph; and 

16 (ii) any discharge, demotion, discrimi17 nation, or other reprisal described in para18 graph (1) is prohibited even if it is under19 taken at the request of an executive branch 

20 officer or employee, unless the request 

21 takes the form of a non-discretionary di22 rective and is within the authority of the 

23 executive branch official making the re24 quest. 


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1 (B) PROTECTION OF WHISTLEBLOWER

2 IDENTITY.— 

3 (i) IN GENERAL.—Except as required 

4 by law, an officer or entity described in 

5 paragraph (2) that receives information 

6 under paragraph (1) and any individual or 

7 entity to which the officer or entity dis8 closes the information may not disclose the 

9 identity or identifying information of the 

10 individual providing the information with11 out explicit written consent of the indi12 vidual. 

13 (ii) NOTICE.—If disclosure of the 

14 identity or identifying information of an 

15 individual providing information under 

16 paragraph (1) is required by law, the re17 cipient shall provide timely notice of the 

18 disclosure to the individual. 

19 (b) INVESTIGATION OF COMPLAINTS.— 

20 (1) COMPLAINTS.— 

21 (A) IN GENERAL.—An individual who be22 lieves that the individual has been subjected to 

23 a reprisal prohibited under subsection (a) may, 

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1 prisal to the Secretary of Labor in accordance 

2 with the rules and procedures under subsection 

3 (c)(1). 

4 (B) RESPONSE.—Not later than 60 days 

5 after the submission of a complaint under sub6 paragraph (A), the applicable non-Federal em7 ployer shall submit an answer to the complaint 

8 to the Secretary of Labor. 

9 (C) INVESTIGATION.—Except as provided 

10 under paragraph (3), and unless the Secretary 

11 of Labor determines that a complaint submitted 

12 under subparagraph (A) is frivolous, does not 

13 relate to covered funds, or another Federal or 

14 State judicial or administrative proceeding has 

15 previously been invoked to resolve such com16 plaint, the Secretary of Labor shall investigate 

17 the complaint and, upon completion of such in18 vestigation, submit a report to the individual 

19 submitting the complaint, the applicable non20 Federal employer, the head of the appropriate 

21 agency, Congress, the Congressional Oversight 

22 Committee, the Special Inspector General for 

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1 sponse Accountability Committee detailing the 

2 findings of the investigation. 

3 (D) OCCUPATIONAL SAFETY AND HEALTH

4 ADMINISTRATION.—The Secretary of Labor 

5 shall ensure that investigations of complaints 

6 under this subsection are carried out by the As7 sistant Secretary for Occupational Safety and 

8 Health, which may be through a whistleblower 

9 protection program or office of the Occupa10 tional Safety and Health Administration. 

11 (2) TIME LIMITATIONS FOR ACTIONS.— 

12 (A) IN GENERAL.—Except as provided 

13 under subparagraph (B), not later than 180 

14 days after receiving a complaint under para15 graph (1), the Secretary of Labor shall— 

16 (i) make a determination that the 

17 complaint is frivolous, does not relate to 

18 covered funds, or another Federal or State 

19 judicial or administrative proceeding pre20 viously has been invoked to resolve such 

21 complaint; or 

22 (ii) submit a report described in para23 graph (1)(C). 

24 (B) EXTENSIONS.— 


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1 (i) VOLUNTARY EXTENSION AGREED

2 TO BETWEEN THE SECRETARY OF LABOR

3 AND COMPLAINANT.—If the Secretary of 

4 Labor is unable to complete an investiga5 tion under this subsection in time to sub6 mit a report within the 180-day period 

7 specified under subparagraph (A) and the 

8 individual submitting the complaint agrees 

9 to an extension of time, the Secretary of 

10 Labor shall submit a report described in 

11 paragraph (1)(C) within such additional 

12 period of time as shall be agreed upon be13 tween the Secretary of Labor and the indi14 vidual submitting the complaint. 

15 (ii) EXTENSION GRANTED BY THE

16 SECRETARY OF LABOR.—If the Secretary 

17 of Labor is unable to complete an inves18 tigation under this subsection in time to 

19 submit a report within the 180-day period 

20 specified under subparagraph (A), the Sec21 retary of Labor may extend the period for 

22 not more than an additional 180 days 

23 without the individual submitting the com24 plaint agreeing to such extension, if the 

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1 vidual and the non-Federal employer, if the 

2 employer is a defendant in the individual’s 

3 complaint a written explanation for the de4 cision, from which the Secretary of Labor 

5 may exclude information in accordance 

6 with paragraph (4)(C). 

7 (3) DISCRETION NOT TO INVESTIGATE COM8 PLAINTS.— 

9 (A) IN GENERAL.—The Secretary of Labor 

10 may decide not to conduct or continue an inves11 tigation under this subsection upon providing to 

12 the individual submitting the complaint and the 

13 non-Federal employer, if applicable, a written 

14 explanation for such decision, from which the 

15 Secretary of Labor may exclude information in 

16 accordance with paragraph (4)(C). 

17 (B) ASSUMPTION OF RIGHTS TO CIVIL

18 REMEDY.—Upon receipt of an explanation of a 

19 decision not to conduct or continue an inves20 tigation under subparagraph (A), the individual 

21 submitting the complaint shall be deemed to 

22 have exhausted all administrative remedies with 

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1 section, and immediately assume the right to a 

2 civil remedy under subsection (c)(4). 

3 (4) ACCESS TO INVESTIGATIVE FILE OF THE

4 SECRETARY OF LABOR.— 

5 (A) IN GENERAL.—An individual alleging a 

6 reprisal under this section shall have access to 

7 the investigation file of the Secretary of Labor 

8 in accordance with section 552a of title 5, 

9 United States Code (commonly referred to as 

10 the ‘‘Privacy Act’’). The investigation of the 

11 Secretary of Labor shall be deemed closed for 

12 purposes of disclosure under such section when 

13 an individual files an appeal to an agency head 

14 or a court of competent jurisdiction. 

15 (B) CIVIL ACTION.—In the event an indi16 vidual alleging the reprisal under this section 

17 brings a civil action under subsection (c)(4), the 

18 individual and the non-Federal employer, if ap19 plicable, shall have access to the investigative 

20 file of the Secretary of Labor in accordance 

21 with the section 552a of title 5, United States 

22 Code. 

23 (C) EXCEPTION.—The Secretary of Labor 

24 may exclude from disclosure— 


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1 (i) information protected from disclo2 sure by a provision of law; and 

3 (ii) any additional information the 

4 Secretary of Labor determines disclosure 

5 of which would impede a continuing inves6 tigation, if such information is disclosed 

7 once such disclosure would no longer im8 pede such investigation, unless the Sec9 retary of Labor determines that disclosure 

10 of law enforcement techniques, procedures, 

11 or information could reasonably be ex12 pected to risk circumvention of the law or 

13 disclose the identity of a confidential 

14 source. 

15 (5) PRIVACY OF INFORMATION.—The Secretary 

16 of Labor investigating an alleged reprisal under this 

17 section may not respond to any inquiry or disclose 

18 any information from or about any individual alleg19 ing such reprisal, except in accordance with the pro20 visions of section 552a of title 5, United States 

21 Code, or as required by any other applicable Federal 

22 law. 

23 (6) SEMIANNUAL REPORT.—Not later than 180 

24 days after the date of enactment of this Act, and 

25 every 6 months thereafter for 5 years, the Secretary 


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1 of Labor shall submit a report to Congress, which 

2 shall include— 

3 (A) a list of any investigations for which 

4 the period was extended under clause (i) or (ii) 

5 of paragraph (2)(B); and 

6 (B) a list of any investigations the Sec7 retary of Labor decided not to conduct or con8 tinue, pursuant to paragraph (3). 

9 (c) REMEDY AND ENFORCEMENT AUTHORITY.— 

10 (1) RULES AND PROCEDURES.—Except to the 

11 extent provided otherwise in this section, the Sec12 retary of Labor shall establish rules and procedures 

13 for administrative investigations, administrative 

14 hearings, appeals, and relief under this section that, 

15 to the maximum extent practicable, are similar to 

16 the rules and procedures set forth in section 7623(d) 

17 of the Internal Revenue Code of 1986 that apply to 

18 persons alleging a discharge or other reprisal under 

19 paragraph (1) of such section. 

20 (2) BURDEN OF PROOF.—The Secretary of 

21 Labor, head of an agency, or officer presiding in a 

22 judicial or administrative proceeding shall apply the 

23 legal burdens of proof specified in section 1221(e) of 

24 title 5, in determining whether a reprisal prohibited 


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1 under this section has occurred in accordance with 

2 the rules and procedures under paragraph (1). 

3 (3) AGENCY ACTION.— 

4 (A) IN GENERAL.—Not later than 30 days 

5 after receiving a report of the Secretary of 

6 Labor under subsection (b), the head of the ap7 plicable agency shall— 

8 (i) determine whether there is suffi9 cient basis to conclude that the non-Fed10 eral employer has subjected the complain11 ant to a reprisal prohibited by subsection 

12 (a); and 

13 (ii)(I) issue an order denying relief in 

14 whole or in part; or 

15 (II) take 1 or more of the actions de16 scribed in subparagraph (B). 

17 (B) ACTIONS.—The actions described in 

18 this subparagraph are the following: 

19 (i) Order the non-Federal employer to 

20 take affirmative action to abate the re21 prisal. 

22 (ii) Order the non-Federal employer 

23 to reinstate the individual to the position 

24 that the individual held before the reprisal, 

25 together with the compensation (including 


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1 double back pay), compensatory damages, 

2 employment benefits, and other terms and 

3 conditions of employment that would apply 

4 to the individual in that position if the re5 prisal had not been taken. 

6 (iii) Order the non-Federal employer 

7 to pay the individual an amount equal to 

8 the aggregate amount of all costs and ex9 penses (including attorney’s fees and ex10 pert witness’s fees) that were reasonably 

11 incurred by the individual for, or in con12 nection with, bringing the complaint re13 garding the reprisal, as determined by the 

14 head of the agency or a court of competent 

15 jurisdiction. 

16 (iv) Order the non-Federal employer 

17 to pay a monetary fine to the agency in an 

18 amount determined by the head of the 

19 agency or a court of competent jurisdic20 tion. 

21 (v) Provide a report to Congress, in22 cluding findings of fact and conclusions of 

23 law relevant to the decision, if the head of 

24 the agency concerned does not accept or 


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1 does not implement the recommendations 

2 of the Secretary of Labor report. 

3 (4) CIVIL ACTION.— 

4 (A) EXHAUSTION.—An individual submit5 ting a complaint under subsection (b) shall be 

6 deemed to have exhausted all administrative 

7 remedies with respect to the complaint if— 

8 (i)(I) the head of the applicable agen9 cy— 

10 (aa) issues an order denying re11 lief in whole or in part under para12 graph (3); or 

13 (bb) has not issued an order— 

14 (AA) within 210 days after 

15 the submission of a complaint 

16 under subsection (b); or 

17 (BB) in the case of an ex18 tension of time under clause (i) 

19 or (ii) of subsection (b)(2)(B), 

20 within 30 days after the expira21 tion of the extension of time; or 

22 (II) the Secretary of Labor decides 

23 under subsection (b)(3) not to investigate 

24 or to discontinue an investigation; and 


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1 (ii) there is no showing that such 

2 delay or decision is due to the bad faith of 

3 the individual. 

4 (B) FILING.—An individual who has ex5 hausted all administrative remedies with respect 

6 to a complaint submitted under subsection (b) 

7 may bring a de novo action at law or equity 

8 against the non-Federal employer to seek com9 pensatory damages and other relief available 

10 under this section in the appropriate district 

11 court of the United States, which shall have ju12 risdiction over such an action without regard to 

13 the amount in controversy. 

14 (C) JURY TRIAL.—An action brought 

15 under subparagraph (B) shall, at the request of 

16 either party to the action, be tried by the court 

17 with a jury. 

18 (5) JUDICIAL ENFORCEMENT OF ORDER.—If 

19 any person fails to comply with an order issued 

20 under paragraph (3), the head of the agency shall 

21 file an action for enforcement of such order in the 

22 United States district court for a district in which 

23 the reprisal was found to have occurred. In any ac24 tion brought under this paragraph, the court may 

25 grant appropriate relief, including injunctive relief, 


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1 compensatory and exemplary damages, and attor2 ney’s fees and costs. 

3 (6) JUDICIAL REVIEW.—Any person adversely 

4 affected or aggrieved by an order issued under para5 graph (3) may obtain review of whether the order is 

6 in accordance with this subsection, and any regula7 tions issued to carry out this section, in the United 

8 States court of appeals for a circuit in which the re9 prisal is alleged in the order to have occurred. No 

10 petition seeking such review may be filed more than 

11 60 days after issuance of the order by the head of 

12 the agency. Review under this paragraph shall be in 

13 accordance with chapter 7 of title 5, United States 

14 Code. 

15 (7) RIGHTS RETAINED BY EMPLOYEE.—Noth16 ing in this section shall diminish the rights, privi17 leges, or remedies of any employee, former employee, 

18 or individual seeking employment under any Federal 

19 or State law, or under any collective bargaining 

20 agreement. 

21 (8) LIABILITY.—Notwithstanding any other 

22 provision of law, an individual shall be immune from 

23 civil and criminal liability with respect to a disclo24 sure by the individual if the individual would be pro25 tected from reprisal under subsection (a) for making 


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1 the disclosure. The individual shall bear the burden 

2 of proving that the individual would be protected 

3 from reprisal under subsection (a) for making the 

4 disclosure. 

5 (d) NONENFORCEABILITY OF CERTAIN PROVISIONS

6 WAIVING RIGHTS AND REMEDIES OR REQUIRING ARBI7 TRATION OF DISPUTES.— 

8 (1) WAIVER OF RIGHTS AND REMEDIES.—Ex9 cept as provided under paragraph (3), the rights and 

10 remedies provided for in this section may not be 

11 waived by any public or private agreement, policy, 

12 form, or condition of employment, including by any 

13 predispute arbitration agreement. 

14 (2) PREDISPUTE ARBITRATION AGREEMENTS.— 

15 Except as provided under paragraph (3), no 

16 predispute arbitration agreement shall be valid or 

17 enforceable if it requires arbitration of a dispute 

18 arising under this section. 

19 (3) EXCEPTION FOR COLLECTIVE BARGAINING

20 AGREEMENTS.—Notwithstanding paragraphs (1) 

21 and (2), an arbitration provision in a collective bar22 gaining agreement shall be enforceable as to dis23 putes arising under the collective bargaining agree24 ment. 


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1 (e) REQUIREMENT TO POST NOTICE OF RIGHTS AND

2 REMEDIES.—Any non-Federal employer receiving covered 

3 funds shall post notice of the rights and remedies provided 

4 under this section. 

5 (f) RULES OF CONSTRUCTION.— 

6 (1) NO IMPLIED AUTHORITY TO RETALIATE

7 FOR NON-PROTECTED DISCLOSURES.—Nothing in 

8 this section may be construed to authorize the dis9 charge of, demotion of, or discrimination or other re10 prisal against an employee, a former employee, or an 

11 individual seeking employment for a disclosure other 

12 than a disclosure protected by subsection (a) or to 

13 modify or derogate from a right or remedy otherwise 

14 available to the employee, former employee, or indi15 vidual seeking employment. 

16 (2) RELATIONSHIP TO STATE LAWS.—Nothing 

17 in this section may be construed to preempt, pre18 clude, or limit the protections provided for public or 

19 private employees under State whistleblower laws. 

20 (g) COMPLAINT PORTAL.—The Special Inspector 

21 General for Pandemic Relief, the Pandemic Relief Ac22 countability Committee, and the Congressional Oversight 

23 Commission shall each establish a public website where 

24 any individual who believes that the individual has been 

25 subjected to a reprisal prohibited under subsection (a) 


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1 may submit a complaint regarding the reprisal. Such com2 plaints shall be transmitted to the Secretary of Labor for 

3 enforcement in accordance with this section. 

4 (h) FUNDING.—There is appropriated to the Sec5 retary of Labor for the fiscal year ending September 30, 

6 2020, out of any money in the Treasury not otherwise ap7 propriated, $20,000,000 to carry out this section, to re8 main available until expended. 

9 SEC. 12. STRENGTHENING TRANSPARENCY AND DISCLO10 SURE AROUND BAILOUT FUNDS. 

11 (a) REPORTING REQUIREMENTS FOR RECIPIENTS OF

12 ASSISTANCE.—Section 4003 of division A of the CARES 

13 Act (Public Law 116–136) is amended by adding at the 

14 end the following: 

15 ‘‘(i) REPORTING REQUIREMENTS.— 

16 ‘‘(1) IN GENERAL.—Each recipient of assist17 ance, including a loan, loan guarantee, or other in18 vestment made by the Secretary under paragraph 

19 (1), (2), or (3) of subsection (b) or as part of a pro20 gram or facility under paragraph (4) of subsection 

21 (b), shall, not later than 7 days after receipt of the 

22 assistance, submit to the Secretary— 

23 ‘‘(A) all documents related to the accept24 ance of the assistance; 


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1 ‘‘(B) a written description of how the re2 cipient intends to use the assistance; 

3 ‘‘(C) compensation and workforce data of 

4 the recipient, including the mean, median, and 

5 minimum wages of all non-executive employees; 

6 ‘‘(D) the number of employees of the re7 cipient before and after receipt of the assist8 ance; 

9 ‘‘(E) the salaries of executives of the re10 cipient, including bonuses and capital distribu11 tions; 

12 ‘‘(F) whether the recipient has been 

13 charged with violations of Federal law and, if 

14 so, the nature of each alleged violation; 

15 ‘‘(G) with respect to a recipient of assist16 ance from a program or facility of the Federal 

17 Reserve that purchases corporate bonds— 

18 ‘‘(i) the applicable Committee on Uni19 form Securities Identification Procedures 

20 (CUSIP) number; 

21 ‘‘(ii) the bond rating and the identity 

22 of the agency providing that bond rating; 

23 and 

24 ‘‘(iii) the identities of any syndicated 

25 loan participants; and 


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1 ‘‘(H) with respect to a recipient of assist2 ance from a program or facility of the Federal 

3 Reserve that purchases asset-backed securi4 ties— 

5 ‘‘(i) the loan data, including the 

6 amount of collateral for the securitization; 

7 ‘‘(ii) the credit ratings and the iden8 tity of the agency providing that credit rat9 ing; and 

10 ‘‘(iii) the identities of the 

11 securitization issuers and arrangers and 

12 the fees the issuers and arrangers received. 

13 ‘‘(2) PUBLICATION.—Not later than 7 days 

14 after the date on which the Secretary receives the in15 formation described in subparagraphs (A) and (B) 

16 of paragraph (1), the Secretary shall publish that in17 formation on the website of the Federal Reserve.’’. 

18 (b) TRANSPARENCY FOR PAYCHECK PROTECTION

19 LOANS.—Section 7(a)(36) of the Small Business Act (15 

20 U.S.C. 636(a)(36)) is amended by adding at the end the 

21 following: 

22 ‘‘(T) WEEKLY PUBLICATION OF LOAN

23 DATA.— 

24 ‘‘(i) IN GENERAL.—The Administrator 

25 shall, on a weekly basis, publish on the 


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1 website of the Administration in an acces2 sible and easily downloadable format data 

3 for loans approved under this paragraph, 

4 including— 

5 ‘‘(I) the name of each lender; 

6 ‘‘(II) the amount of each loan; 

7 ‘‘(III) the amount each lender 

8 was paid in fees; 

9 ‘‘(IV) the amount of any agent 

10 fees; 

11 ‘‘(V) the types of lenders, includ12 ing whether the lender was a commu13 nity development financial institution 

14 or a minority depository institution, 

15 as defined in section 308 of the Fi16 nancial Institutions Reform, Recovery, 

17 and Enforcement Act of 1989 (12 

18 U.S.C. 1463 note); 

19 ‘‘(VI) the North American Indus20 try Classification System Code for 

21 each industry in which a borrower op22 erates; 

23 ‘‘(VII) the number of individuals 

24 employed by each borrower; 


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1 ‘‘(VIII) the zip code of each bor2 rower; and 

3 ‘‘(IX) the demographic informa4 tion of each borrower, including vet5 eran status, gender, race, and eth6 nicity. 

7 ‘‘(ii) REPORTING BY BORROWER.— 

8 For purposes of publishing the information 

9 under clause (i), the Administrator shall, 

10 at the time at which the borrower applies 

11 for loan forgiveness under section 1106 of 

12 the CARES Act (Public Law 116–136), re13 quest that the borrower provide to the Ad14 ministrator any information described in 

15 that clause that was not otherwise pro16 vided by the borrower at the time of the 

17 initial application for the covered loan.’’. 

18 (c) PUBLICATION OF PANDEMIC RESPONSE AC19 COUNTABILITY COMMITTEE REPORTS.—Section 

20 15010(d)(2)(C)(i) of division B of the CARES Act (Public 

21 Law 116–136) is amended by inserting ‘‘not later than 

22 7 days after the date on which the report is submitted’’ 

23 before the period at the end. 

24 (d) PUBLICATION OF MAJOR CONTRACTS OF THE

25 PANDEMIC RESPONSE ACCOUNTABILITY COMMITTEE.— 


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1 Section 15010(g)(3)(A) of division B of the CARES Act 

2 (Public Law 116–136) is amended— 

3 (1) by redesignating clause (xiii) as clause (xiv); 

4 and 

5 (2) by inserting after clause (xii) the end the 

6 following: 

7 ‘‘(xiii) Notwithstanding paragraph 

8 (4), the website shall include a machine9 readable and searchable copy of each con10 tract with a value greater than $150,000 

11 that is awarded under this Act or under 

12 any other Act related to the Coronavirus 

13 response and that is entered into by an 

14 agency after the date of enactment of this 

15 clause. The copy of a contract described in 

16 the preceding sentence shall be posted not 

17 later than 30 days after the date on which 

18 the agency enters into the contract. The 

19 contractor providing property or services 

20 under a contract posted under this clause 

21 may request to redact from such contract 

22 any national security, sensitive, or classi23 fied information. An agency may not re24 dact from a contract posted under this 

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1 quired to be made available to the public 

2 under section 552 of title 5, United States 

3 Code (commonly known as the ‘Freedom of 

4 Information Act’).’’. 

5 SEC. 13. STRENGTHENING ENFORCEMENT. 

6 Section 4003 of the CARES Act is amended by add7 ing at the end the following: 

8 ‘‘(i) ENFORCEMENT.— 

9 ‘‘(1) PRIVATE RIGHT OF ACTION.— 

10 ‘‘(A) IN GENERAL.—Any person harmed 

11 by a violation of the terms and conditions of 

12 subsection (c) of an eligible business may bring 

13 an action in an appropriate district court of the 

14 United States. 

15 ‘‘(B) AWARD OF PORTION OF FINE.—The 

16 court may award a plaintiff who prevails in an 

17 action under subparagraph (A) a portion of any 

18 fine imposed on an eligible business for a viola19 tion of the terms and conditions of subsection 

20 (c). 

21 ‘‘(2) DISGORGEMENT.—The Secretary or the 

22 Special Inspector General for Pandemic Recovery 

23 shall require disgorgement from any senior executive 

24 of an eligible business that receives a loan, loan 

25 guarantee, or other investment authorized under this 


pamtmann on DSKBC07HB2PROD with BILLS
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•HR 7076 IH

1 section that violates the terms and conditions estab2 lished under subsection (c).’’. 

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pamtmann on DSKBC07HB2PROD with BILLS