Expanding Whistleblower Protections for Contractors Act of 2023

Subjects: Government Operations and Politics


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1524 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1524

  To ensure that whistleblowers, including contractors, are protected 
  from retaliation when a Federal employee orders a reprisal, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2023

 Mr. Peters (for himself and Mr. Braun) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To ensure that whistleblowers, including contractors, are protected 
  from retaliation when a Federal employee orders a reprisal, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expanding Whistleblower Protections 
for Contractors Act of 2023''.

SEC. 2. DEFENSE CONTRACTOR EMPLOYEES: PROTECTION FROM REPRISAL FOR 
              DISCLOSURE OF CERTAIN INFORMATION.

    Section 4701 of title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) by striking ``An employee'' and 
                                all that follows through ``services 
                                contractor'' and inserting ``A 
                                protected individual''; and
                                    (II) by striking ``disclosing'' and 
                                all that follows through ``evidence 
                                of''; and
                            (ii) by striking subparagraphs (A), (B), 
                        and (C) and inserting the following 
                        subparagraphs:
            ``(A) Objecting or refusing to participate in any activity, 
        policy, practice, or assigned task that the protected 
        individual reasonably believes to be in violation of any law, 
        rule, order, or regulation related to any contract, 
        subcontract, grant, or subgrant.
            ``(B) Disclosing to a person or body described in paragraph 
        (2) information that the protected individual reasonably 
        believes is evidence of the following:
                    ``(i) Gross mismanagement of any Department of 
                Defense contract or grant, any gross waste of 
                Department funds, any abuse of authority relating to 
                any Department contract, subcontract, grant, or 
                subgrant, or any violation of law, rule, or regulation 
                related to any Department contract or subcontract 
                (including the competition for or negotiation of a 
                contract or subcontract) or grant or subgrant.
                    ``(ii) Gross mismanagement of any National 
                Aeronautics and Space Administration contract or grant, 
                any gross waste of Administration funds, any abuse of 
                authority relating to an Administration contract, 
                subcontract, grant, or subgrant, or any violation of 
                law, rule, or regulation related to any Administration 
                contract or subcontract (including the competition for 
                or negotiation of a contract or subcontract) or grant 
                or subgrant.
                    ``(iii) A substantial and specific danger to public 
                health or safety.''; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (A), by striking ``an 
                        employee'' and inserting ``a protected 
                        individual''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following subparagraph:
            ``(B) it shall not be within the authority of an executive 
        branch official to request that a contractor, subcontractor, 
        grantee, or subgrantee engage in a reprisal prohibited by 
        paragraph (1).'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by adding at the end the 
                following subparagraph:
            ``(E) Propose appropriate disciplinary action against any 
        executive branch official for any request made of a contractor, 
        subcontractor, grantee, or subgrantee that subjected the 
        complainant to a reprisal prohibited by subsection (a).''; and
                    (B) by striking paragraph (7) and inserting the 
                following paragraph:
    ``(7) Clarification for Scope of Waiver Restrictions.--(A) The 
rights, forum, and remedies provided for in this section may not be 
waived by any public or private agreement, policy, form, or condition 
of employment, including by any predispute arbitration agreement.
    ``(B) No predispute arbitration agreement shall be valid or 
enforceable if it requires arbitration of a dispute arising under this 
section.'';
            (3) in subsection (f)--
                    (A) by striking ``an employee'' and inserting ``a 
                protected individual''; and
                    (B) by striking ``the employee'' and inserting 
                ``the protected individual'';
            (4) by redesignating subsection (g) as subsection (h);
            (5) by inserting after subsection (f) the following new 
        subsection:
    ``(g) Affirmative Defense.--Engaging in any activity protected 
against reprisal under this section shall be an affirmative defense in 
any civil or criminal action that seeks liability for engaging in such 
activity.''; and
            (6) in subsection (h), as so redesignated--
                    (A) in paragraph (3), by inserting ``, including 
                any `Federal award' as defined in section 2(a) of the 
                Federal Funding Accountability and Transparency Act of 
                2006 (31 U.S.C. 6101 note)'' after ``agency'';
                    (B) in paragraph (4), by inserting ``, including 
                any person that is recipient of a `Federal award' as 
                defined in section 2(a) of the Federal Funding 
                Accountability and Transparency Act of 2006 (31 U.S.C. 
                6101 note)'' after ``agency''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(8) The term `protected individual' means--
                    ``(A) a contractor, subcontractor, grantee, or 
                subgrantee of the Department of Defense or the National 
                Aeronautics and Space Administration, including--
                            ``(i) the government of each of the several 
                        States, the District of Columbia, an Indian 
                        tribe or authorized tribal organization, the 
                        Commonwealth of Puerto Rico, Guam, American 
                        Samoa, the Virgin Islands, the Commonwealth of 
                        the Northern Mariana Islands, or any other 
                        territory or possession of the United States;
                            ``(ii) the government of any political 
                        subdivision of, agency of, or instrumentality 
                        of, a government listed in clause (i); and
                            ``(iii) any entity that is recipient of a 
                        `Federal award' as defined in section 2(a) of 
                        the Federal Funding Accountability and 
                        Transparency Act of 2006 (31 U.S.C. 6101 note);
                    ``(B) an employee, applicant, or former employee of 
                a contractor, subcontractor, grantee, or subgrantee of 
                the Department of Defense or the National Aeronautics 
                and Space Administration, including an employee of--
                            ``(i) the government of each of the several 
                        States, the District of Columbia, an Indian 
                        tribe or authorized tribal organization, the 
                        Commonwealth of Puerto Rico, Guam, American 
                        Samoa, the Virgin Islands, the Commonwealth of 
                        the Northern Mariana Islands, or any other 
                        territory or possession of the United States; 
                        and
                            ``(ii) the government of any political 
                        subdivision of, agency of, or instrumentality 
                        of, a government listed in clause (i); or
                    ``(C) a person performing personal services for the 
                Department of Defense or the National Aeronautics and 
                Space Administration pursuant to a contractual 
                agreement for the performance of personal services, 
                including a personal services contract or personal 
                services agreement, and who engages in an activity for 
                which any reprisal is prohibited under subsection (a), 
                including a person performing personal services 
                pursuant such a contractual agreement for--
                            ``(i) the government of each of the several 
                        States, the District of Columbia, an Indian 
                        tribe or authorized tribal organization, the 
                        Commonwealth of Puerto Rico, Guam, American 
                        Samoa, the Virgin Islands, the Commonwealth of 
                        the Northern Mariana Islands, or any other 
                        territory or possession of the United States; 
                        and
                            ``(ii) the government of any political 
                        subdivision of, agency of, or instrumentality 
                        of, a government listed in clause (i).''.

SEC. 3. ENHANCEMENT OF NON-DEFENSE CONTRACTOR PROTECTION FROM REPRISAL 
              FOR DISCLOSURE OF CERTAIN INFORMATION.

    Section 4712 of title 41, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following paragraph:
            ``(1) In general.--A protected individual may not be 
        discharged, demoted, or otherwise discriminated against as a 
        reprisal for the following:
                    ``(A) Objecting or refusing to participate in any 
                activity, policy, practice, or assigned task that the 
                protected individual reasonably believes to be in 
                violation of any law, rule, order, or regulation 
                related to any contract, subcontract, grant, or 
                subgrant.
                    ``(B) Disclosing to a person or body described in 
                paragraph (2) information that the protected individual 
                reasonably believes is evidence of the following:
                            ``(i) Gross mismanagement of any Federal 
                        contract or grant, any gross waste of Federal 
                        funds, any abuse of authority relating to any 
                        Federal contract, subcontract, grant, or 
                        subgrant, or any violation of law, rule, or 
                        regulation related to any Federal contract or 
                        subcontract (including the competition for or 
                        negotiation of a contract or subcontract) or 
                        grant or subgrant.
                            ``(ii) A substantial and specific danger to 
                        public health or safety.''; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (A), by striking ``an 
                        employee'' and inserting ``a protected 
                        individual''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following subparagraph:
                    ``(B) it shall not be within the authority of an 
                executive branch official to request that a contractor, 
                subcontractor, grantee, or subgrantee engage in a 
                reprisal prohibited by paragraph (1).'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by adding at the end the 
                following new subparagraph:
                    ``(E) Propose appropriate disciplinary action 
                against any executive branch official for any request 
                made of a contractor, subcontractor, grantee, or 
                subgrantee that subjected the complainant to a reprisal 
                prohibited by subsection (a).''; and
                    (B) by striking paragraph (7) and inserting the 
                following paragraph:
            ``(7) Rights, forum, and remedies not waivable.--
                    ``(A) In general.--The rights, forum, and remedies 
                provided for in this section may not be waived by any 
                public or private agreement, policy, form, or condition 
                of employment, including by any predispute arbitration 
                agreement.
                    ``(B) Validity.--No predispute arbitration 
                agreement shall be valid or enforceable if it requires 
                arbitration of a dispute arising under this section.'';
            (3) in subsection (e)--
                    (A) by striking ``an employee'' and inserting ``a 
                protected individual''; and
                    (B) by striking ``the employee'' and inserting 
                ``the protected individual'';
            (4) in subsection (g)--
                    (A) by redesignating paragraph (2) as paragraph 
                (3);
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):
            ``(2) The term `contract' includes any `Federal award' as 
        defined in section 2(a) of the Federal Funding Accountability 
        and Transparency Act of 2006 (31 U.S.C. 6101 note).''; and
                    (C) by inserting after paragraph (3), as so 
                redesignated, the following new paragraph:
            ``(4) The term `protected individual' means--
                    ``(A) a contractor, subcontractor, grantee, or 
                subgrantee of the Federal Government, including--
                            ``(i) the government of each of the several 
                        States, the District of Columbia, an Indian 
                        tribe or authorized tribal organization, the 
                        Commonwealth of Puerto Rico, Guam, American 
                        Samoa, the Virgin Islands, the Commonwealth of 
                        the Northern Mariana Islands, or any other 
                        territory or possession of the United States;
                            ``(ii) the government of any political 
                        subdivision of, agency of, or instrumentality 
                        of, a government listed in clause (i); and
                            ``(iii) any entity that is recipient of a 
                        `Federal award' as defined in section 2(a) of 
                        the Federal Funding Accountability and 
                        Transparency Act of 2006 (31 U.S.C. 6101 note);
                    ``(B) an employee, applicant, or former employee of 
                a contractor, subcontractor, grantee, or subgrantee of 
                the Federal Government, including an employee of--
                            ``(i) the government of each of the several 
                        States, the District of Columbia, an Indian 
                        tribe or authorized tribal organization, the 
                        Commonwealth of Puerto Rico, Guam, American 
                        Samoa, the Virgin Islands, the Commonwealth of 
                        the Northern Mariana Islands, or any other 
                        territory or possession of the United States; 
                        and
                            ``(ii) the government of any political 
                        subdivision of, agency of, or instrumentality 
                        of, a government listed in clause (i); or
                    ``(C) a person performing personal services for the 
                Federal Government pursuant to a contractual agreement 
                for the performance of personal services, including a 
                personal services contract or personal services 
                agreement, including a person performing personal 
                services pursuant to such a contractual agreement for--
                            ``(i) the government of each of the several 
                        States, the District of Columbia, an Indian 
                        tribe or authorized tribal organization, the 
                        Commonwealth of Puerto Rico, Guam, American 
                        Samoa, the Virgin Islands, the Commonwealth of 
                        the Northern Mariana Islands, or any other 
                        territory or possession of the United States; 
                        and
                            ``(ii) the government of any political 
                        subdivision of, agency of, or instrumentality 
                        of, a government listed in clause (i).'';
            (5) by redesignating subsection (h) as subsection (i); and
            (6) by inserting after subsection (g) the following new 
        subsection:
    ``(h) Affirmative Defense.--Engaging in any activity protected 
against reprisal under this section shall be an affirmative defense in 
any civil or criminal action that seeks liability for engaging in such 
activity.''.
                                 &lt;all&gt;
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