Pandemic Darlings The pandemic economy, in original documents
Home Source documents H.R. 846, COVID–19 Whistleblower Protection Act

H.R. 846, COVID–19 Whistleblower Protection Act

Summary

H.R. 846, the COVID–19 Whistleblower Protection Act, introduced in the House of Representatives on February 4, 2021 by Ms. Speier and referred to the Committee on Education and Labor. The bill's stated purpose is to protect certain whistleblowers seeking to ensure accountability and oversight of the Nation's COVID–19 pandemic response. Its definitions cover terms such as abuse of authority, the CARES Act (Public Law 116–136) and covered funds. A section titled Protecting Whistleblowers addresses reprisals against protected individuals, an investigation by the Secretary of Labor, and a civil action.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Bills Bills 117Hr846Ih Bills 117Hr846Ih
Case
Bills Bills 117Hr846Ih Bills 117Hr846Ih

Cite this document

“H.R. 846, COVID–19 Whistleblower Protection Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr846ih-bills-117hr846ih/, SHA-256 4ee18d37790cabaa6b07efa56750eda8c5ff74c5c80f9b31de45aaf17e0140a2.

Full text

                                                                                                                                                                        I




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                               H. R. 846
                                                                       To protect certain whistleblowers seeking to ensure accountability and over-
                                                                           sight of the Nation’s COVID–19 pandemic response, and for other pur-
                                                                           poses.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                   FEBRUARY 4, 2021
                                                                       Ms. SPEIER (for herself, Mr. RASKIN, Mr. CARSON, Mr. COHEN, Mr. DANNY
                                                                           K. DAVIS of Illinois, Mrs. DEMINGS, Mr. DESAULNIER, Mr. GRIJALVA,
                                                                           Mr. HASTINGS, Mrs. HAYES, Ms. JACKSON LEE, Ms. JAYAPAL, Mr.
                                                                           JONES, Mrs. KIRKPATRICK, Mr. LYNCH, Mrs. CAROLYN B. MALONEY of
                                                                           New York, Ms. NORTON, Mr. PHILLIPS, Miss RICE of New York, Ms.
                                                                           TLAIB, Mrs. BEATTY, and Mr. THOMPSON of Mississippi) introduced the
                                                                           following bill; which was referred to the Committee on Education and
                                                                           Labor




                                                                                                                 A BILL
                                                                       To protect certain whistleblowers seeking to ensure account-
                                                                          ability and oversight of the Nation’s COVID–19 pan-
                                                                          demic response, and for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘COVID–19 Whistle-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                         5 blower Protection Act’’.




                                        VerDate Sep 11 2014   17:46 Feb 24, 2021   Jkt 019200   PO 00000   Frm 00001   Fmt 6652   Sfmt 6201   E:\BILLS\H846.IH   H846
                                                                                                                                  2
                                                                         1     SEC. 2. DEFINITIONS.

                                                                         2              In this Act—
                                                                         3                        (1) the term ‘‘abuse of authority’’ means an ar-
                                                                         4              bitrary and capricious exercise of authority by a con-
                                                                         5              tracting officer or employee that adversely affects
                                                                         6              the rights of any individual, or that results in per-
                                                                         7              sonal gain or advantage to the officer or employee
                                                                         8              or to preferred other individuals;
                                                                         9                        (2) the term ‘‘CARES Act’’ means the CARES
                                                                       10               Act (Public Law 116–136);
                                                                       11                         (3) the term ‘‘Coronavirus pandemic-related
                                                                       12               program, project, or activity’’—
                                                                       13                                  (A) means a program, project, or activity
                                                                       14                         of the executive branch of the Federal Govern-
                                                                       15                         ment authorized under or carried out using
                                                                       16                         amounts made available under an Act to re-
                                                                       17                         spond to or to provide aid or assistance to ad-
                                                                       18                         dress, relief from, or funding to address the
                                                                       19                         outbreak of COVID–19 that is enacted before,
                                                                       20                         on, or after the date of enactment of this Act;
                                                                       21                         and
                                                                       22                                  (B) includes any program, project, or ac-
                                                                       23                         tivity of the executive branch of the Federal
                                                                       24                         Government authorized under or carried out




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       25                         using amounts made available under—


                                                                                   •HR 846 IH

                                        VerDate Sep 11 2014   17:46 Feb 24, 2021   Jkt 019200   PO 00000   Frm 00002   Fmt 6652   Sfmt 6201   E:\BILLS\H846.IH   H846
                                                                                                                                  3
                                                                         1                                        (i) the Paycheck Protection Program
                                                                         2                                 and Health Care Enhancement Act (Public
                                                                         3                                 Law 116–139), or an amendment made by
                                                                         4                                 that Act;
                                                                         5                                        (ii) the CARES Act, or an amend-
                                                                         6                                 ment made by that Act;
                                                                         7                                        (iii) the Families First Coronavirus
                                                                         8                                 Response Act (Public Law 116–127), or an
                                                                         9                                 amendment made by that Act;
                                                                       10                                         (iv) the Coronavirus Preparedness and
                                                                       11                                  Response               Supplemental                   Appropriations
                                                                       12                                  Act, 2020 (Public Law 116–123), or an
                                                                       13                                  amendment made by that Act; or
                                                                       14                                         (v) division M or N of the Consoli-
                                                                       15                                  dated Appropriations Act, 2021(Public
                                                                       16                                  Law 116–260), or an amendment made by
                                                                       17                                  that division;
                                                                       18                         (4) the term ‘‘covered funds’’ means any con-
                                                                       19               tract, subcontract, grant, subgrant, loan, loan guar-
                                                                       20               antee, or other payment for which—
                                                                       21                                  (A) the Federal Government provides any
                                                                       22                         portion of the funds or property that is pro-
                                                                       23                         vided, requested, or demanded; and




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  (B) any portion of the funds are appro-
                                                                       25                         priated or otherwise made available under or to


                                                                                   •HR 846 IH

                                        VerDate Sep 11 2014   17:46 Feb 24, 2021   Jkt 019200   PO 00000   Frm 00003   Fmt 6652   Sfmt 6201   E:\BILLS\H846.IH   H846
                                                                                                                                  4
                                                                         1                        carry out a Coronavirus pandemic-related pro-
                                                                         2                        gram, project, or activity;
                                                                         3                        (5) the term ‘‘employee’’—
                                                                         4                                 (A) except as provided under subparagraph
                                                                         5                        (B), means an individual performing services on
                                                                         6                        behalf of an employer, including any individual
                                                                         7                        working for an employer under a contract with
                                                                         8                        such employer (including a contractor, subcon-
                                                                         9                        tractor, or agent of an employer); and
                                                                       10                                  (B) does not include any Federal employee
                                                                       11                         or member of the uniformed services (as that
                                                                       12                         term is defined in section 101(a)(5) of title 10,
                                                                       13                         United States Code);
                                                                       14                         (6) the term ‘‘non-Federal employer’’—
                                                                       15                                  (A) means any employer—
                                                                       16                                         (i) with respect to covered funds—
                                                                       17                                                  (I) the contractor, subcontractor,
                                                                       18                                         grantee, subgrantee, or recipient, as
                                                                       19                                         the case may be, if the contractor,
                                                                       20                                         subcontractor, grantee, subgrantee, or
                                                                       21                                         recipient is an employer; and
                                                                       22                                                  (II) any professional membership
                                                                       23                                         organization, certification or other




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         professional body, any agent or li-
                                                                       25                                         censee of the Federal Government, or


                                                                                   •HR 846 IH

                                        VerDate Sep 11 2014   17:46 Feb 24, 2021   Jkt 019200   PO 00000   Frm 00004   Fmt 6652   Sfmt 6201   E:\BILLS\H846.IH   H846
                                                                                                                                  5
                                                                         1                                        any person acting directly or indi-
                                                                         2                                        rectly in the interest of an employer
                                                                         3                                        receiving covered funds; or
                                                                         4                                        (ii) with respect to covered funds re-
                                                                         5                                 ceived by a State or local government, the
                                                                         6                                 State or local government receiving the
                                                                         7                                 funds and any contractor or subcontractor
                                                                         8                                 of the State or local government; and
                                                                         9                                 (B) does not mean any department, agen-
                                                                       10                         cy, or other entity of the Federal Government;
                                                                       11                         (7) the term ‘‘protected individual’’ means—
                                                                       12                                  (A) an employee of, former employee of, or
                                                                       13                         individual seeking employment with, any non-
                                                                       14                         Federal employer receiving covered funds; or
                                                                       15                                  (B) a Federal personal services contractor
                                                                       16                         receiving covered funds, former such Federal
                                                                       17                         personal services contractor, or applicant for a
                                                                       18                         Federal personal services contract involving
                                                                       19                         such funds;
                                                                       20                         (8) the term ‘‘reprisal’’ means an action (or, as
                                                                       21               applicable, inaction) that is discharging, demoting,
                                                                       22               blacklisting, or acting or failing to take an action in
                                                                       23               a manner prejudicial against, or otherwise discrimi-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               nating against in any way (including in the hiring
                                                                       25               process and including by the threat of any such ac-


                                                                                   •HR 846 IH

                                        VerDate Sep 11 2014   17:46 Feb 24, 2021   Jkt 019200   PO 00000   Frm 00005   Fmt 6652   Sfmt 6201   E:\BILLS\H846.IH   H846
                                                                                                                                  6
                                                                         1              tion or inaction) a protected individual as described
                                                                         2              in section 3(a)(1) for a reason described in subpara-
                                                                         3              graph (A) or (B) of such section; and
                                                                         4                        (9) the term ‘‘State or local government’’
                                                                         5              means—
                                                                         6                                 (A) the government of each of the several
                                                                         7                        States, the District of Columbia, the Common-
                                                                         8                        wealth of Puerto Rico, Guam, American Samoa,
                                                                         9                        the Virgin Islands, the Commonwealth of the
                                                                       10                         Northern Mariana Islands, or any other terri-
                                                                       11                         tory or possession of the United States; or
                                                                       12                                  (B) the government of any political sub-
                                                                       13                         division of a government listed in subparagraph
                                                                       14                         (A).
                                                                       15      SEC. 3. PROTECTING WHISTLEBLOWERS.

                                                                       16               (a) PROHIBITION OF REPRISALS.—
                                                                       17                         (1) IN GENERAL.—A protected individual may
                                                                       18               not be discharged, demoted, blacklisted, prejudiced
                                                                       19               by any action or lack of action, or otherwise dis-
                                                                       20               criminated against in any way (including in the hir-
                                                                       21               ing process and including by the threat of any such
                                                                       22               action or inaction) for—
                                                                       23                                  (A) disclosing, being perceived as dis-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                         closing, or preparing to disclose (including as-
                                                                       25                         sisting in disclosing, being perceived as assist-


                                                                                   •HR 846 IH

                                        VerDate Sep 11 2014   17:46 Feb 24, 2021   Jkt 019200   PO 00000   Frm 00006   Fmt 6652   Sfmt 6201   E:\BILLS\H846.IH   H846
                                                                                                                                  7
                                                                         1                        ing in disclosing, or preparing to assist in dis-
                                                                         2                        closing and including a disclosure made in the
                                                                         3                        ordinary course of the duties of the protected
                                                                         4                        individual) to an officer or entity described in
                                                                         5                        paragraph (2) information that the protected
                                                                         6                        individual reasonably believes is evidence of
                                                                         7                        misconduct that violates, obstructs, or under-
                                                                         8                        mines any statute, rule, or regulation with re-
                                                                         9                        spect to any Coronavirus pandemic-related pro-
                                                                       10                         gram, project, or activity, including—
                                                                       11                                         (i) gross mismanagement of an agency
                                                                       12                                  contract, subcontract, grant, or subgrant
                                                                       13                                  relating to covered funds;
                                                                       14                                         (ii) a gross waste of covered funds;
                                                                       15                                         (iii) a substantial and specific danger
                                                                       16                                  to public health or safety;
                                                                       17                                         (iv) an abuse of authority related to
                                                                       18                                  the distribution, implementation, or use of
                                                                       19                                  covered funds, including conflict of interest
                                                                       20                                  or partiality; and
                                                                       21                                         (v) a violation of any statute, rule, or
                                                                       22                                  regulation related to an agency contract,
                                                                       23                                  subcontract (including the competition for




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  or negotiation of a contract or sub-




                                                                                   •HR 846 IH

                                        VerDate Sep 11 2014   17:46 Feb 24, 2021   Jkt 019200   PO 00000   Frm 00007   Fmt 6652   Sfmt 6201   E:\BILLS\H846.IH   H846
                                                                                                                                  8
                                                                         1                                 contract), grant, or subgrant, awarded or
                                                                         2                                 issued relating to covered funds; or
                                                                         3                                 (B) refusing to obey an order that the pro-
                                                                         4                        tected individual reasonably believes would re-
                                                                         5                        quire that individual to violate a statute, rule,
                                                                         6                        or regulation with respect to any Coronavirus
                                                                         7                        pandemic-related program, project, or activity.
                                                                         8                        (2) OFFICERS AND ENTITIES.—The officers and
                                                                         9              entities described in this paragraph are—
                                                                       10                                  (A) the Pandemic Response Accountability
                                                                       11                         Committee;
                                                                       12                                  (B) an inspector general, including the
                                                                       13                         Special Inspector General for Pandemic Relief;
                                                                       14                                  (C) the Congressional Oversight Commis-
                                                                       15                         sion;
                                                                       16                                  (D) the Comptroller General of the United
                                                                       17                         States;
                                                                       18                                  (E) a Member of Congress;
                                                                       19                                  (F) a congressional committee;
                                                                       20                                  (G) a State or Federal regulatory or law
                                                                       21                         enforcement agency;
                                                                       22                                  (H)(i) an individual with supervisory au-
                                                                       23                         thority over a protected individual; or




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  (ii) another individual who—




                                                                                   •HR 846 IH

                                        VerDate Sep 11 2014   17:46 Feb 24, 2021   Jkt 019200   PO 00000   Frm 00008   Fmt 6652   Sfmt 6201   E:\BILLS\H846.IH   H846
                                                                                                                                  9
                                                                         1                                        (I) has authority to investigate, dis-
                                                                         2                                 cover, or terminate misconduct; and
                                                                         3                                        (II) works for the non-Federal em-
                                                                         4                                 ployer (in the case of a protected individual
                                                                         5                                 described in section 2(7)(A)), or the Fed-
                                                                         6                                 eral Government (in the case of a pro-
                                                                         7                                 tected        individual             described               in   section
                                                                         8                                 2(7)(B));
                                                                         9                                 (I) a court or grand jury;
                                                                       10                                  (J) an officer or representative of a labor
                                                                       11                         organization; or
                                                                       12                                  (K) the head of a Federal agency or a des-
                                                                       13                         ignee of such a head.
                                                                       14                         (3) APPLICATION.—
                                                                       15                                  (A) IN GENERAL.—For the purposes of
                                                                       16                         paragraph (1)—
                                                                       17                                         (i) a protected individual who initiates
                                                                       18                                  or provides evidence of misconduct by a
                                                                       19                                  contractor, subcontractor, grantee, or sub-
                                                                       20                                  grantee in any judicial or administrative
                                                                       21                                  proceeding relating to waste, fraud, or
                                                                       22                                  abuse in connection with a Federal con-
                                                                       23                                  tract or grant shall be deemed to have




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  made a disclosure covered by such para-
                                                                       25                                  graph; and


                                                                                   •HR 846 IH

                                        VerDate Sep 11 2014   17:46 Feb 24, 2021   Jkt 019200   PO 00000   Frm 00009   Fmt 6652   Sfmt 6201   E:\BILLS\H846.IH   H846
                                                                                                                              10
                                                                         1                                        (ii) any discharge, demotion, discrimi-
                                                                         2                                 nation, or other reprisal described in para-
                                                                         3                                 graph (1) is prohibited even if it is under-
                                                                         4                                 taken at the request of an executive branch
                                                                         5                                 officer or employee, unless the request
                                                                         6                                 takes the form of a non-discretionary di-
                                                                         7                                 rective and is within the authority of the
                                                                         8                                 executive branch official making the re-
                                                                         9                                 quest.
                                                                       10                                  (B) PROTECTION                        OF       WHISTLEBLOWER

                                                                       11                         IDENTITY.—

                                                                       12                                         (i) IN GENERAL.—Except as required
                                                                       13                                  by law, an officer or entity described in
                                                                       14                                  paragraph (2) that receives information
                                                                       15                                  under paragraph (1) and any individual or
                                                                       16                                  entity to which the officer or entity dis-
                                                                       17                                  closes the information may not disclose the
                                                                       18                                  identity or identifying information of the
                                                                       19                                  protected individual providing the informa-
                                                                       20                                  tion without explicit written consent of the
                                                                       21                                  protected individual.
                                                                       22                                         (ii) NOTICE.—If disclosure of the
                                                                       23                                  identity or identifying information of a




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  protected individual providing information
                                                                       25                                  under paragraph (1) is required by law,


                                                                                   •HR 846 IH

                                        VerDate Sep 11 2014   17:46 Feb 24, 2021   Jkt 019200   PO 00000   Frm 00010   Fmt 6652   Sfmt 6201   E:\BILLS\H846.IH   H846
                                                                                                                              11
                                                                         1                                 the recipient shall provide timely notice of
                                                                         2                                 the disclosure to the protected individual.
                                                                         3              (b) INVESTIGATION OF COMPLAINTS.—
                                                                         4                        (1) COMPLAINTS.—
                                                                         5                                 (A) IN GENERAL.—A protected individual
                                                                         6                        who believes that the individual has been sub-
                                                                         7                        jected to a reprisal prohibited under subsection
                                                                         8                        (a) may, within 3 years after learning of the al-
                                                                         9                        leged reprisal, submit a complaint regarding the
                                                                       10                         reprisal to the Secretary of Labor in accordance
                                                                       11                         with paragraph (2).
                                                                       12                                  (B) RESPONSE.—Not later than 60 days
                                                                       13                         after the submission of a complaint under sub-
                                                                       14                         paragraph (A), the applicable non-Federal em-
                                                                       15                         ployer (or the applicable agency head in the
                                                                       16                         case of a Federal personal services contract in-
                                                                       17                         volving covered funds) shall submit an answer
                                                                       18                         to the complaint to the Secretary of Labor.
                                                                       19                         (2) REMEDY                  AND         ENFORCEMENT                   AUTHOR-

                                                                       20               ITY.—

                                                                       21                                  (A) RULES AND PROCEDURES.—Except to
                                                                       22                         the extent provided otherwise in this section,
                                                                       23                         any action alleging a reprisal prohibited under




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                         subsection (a) shall be governed, to the max-
                                                                       25                         imum extent practicable, by the rules and pro-


                                                                                   •HR 846 IH

                                        VerDate Sep 11 2014   17:46 Feb 24, 2021   Jkt 019200   PO 00000   Frm 00011   Fmt 6652   Sfmt 6201   E:\BILLS\H846.IH   H846
                                                                                                                              12
                                                                         1                        cedures for administrative and judicial enforce-
                                                                         2                        ment, including for investigations, civil actions,
                                                                         3                        appeals, and relief, set forth under section
                                                                         4                        7623(d) of the Internal Revenue Code of 1986.
                                                                         5                                 (B) BURDEN OF PROOF.—The Secretary
                                                                         6                        of Labor, or the officer presiding in a judicial
                                                                         7                        or administrative proceeding, shall apply the
                                                                         8                        legal burdens of proof specified in section
                                                                         9                        1221(e) of title 5, United States Code, in deter-
                                                                       10                         mining whether a reprisal prohibited under sub-
                                                                       11                         section (a) has occurred in accordance with the
                                                                       12                         rules and procedures under subparagraph (A).
                                                                       13                                  (C) ACCESS TO INVESTIGATIVE FILE OF
                                                                       14                         THE SECRETARY OF LABOR.—

                                                                       15                                         (i) IN GENERAL.—A protected indi-
                                                                       16                                  vidual alleging a reprisal under this section
                                                                       17                                  shall have access to the investigation file of
                                                                       18                                  the Secretary of Labor in accordance with
                                                                       19                                  section 552a of title 5, United States Code
                                                                       20                                  (commonly referred to as the ‘‘Privacy
                                                                       21                                  Act’’). The investigation of the Secretary
                                                                       22                                  of Labor shall be deemed closed for pur-
                                                                       23                                  poses of disclosure under such section




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  when an individual files an appeal to an




                                                                                   •HR 846 IH

                                        VerDate Sep 11 2014   17:46 Feb 24, 2021   Jkt 019200   PO 00000   Frm 00012   Fmt 6652   Sfmt 6201   E:\BILLS\H846.IH   H846
                                                                                                                              13
                                                                         1                                 agency head or a court of competent juris-
                                                                         2                                 diction.
                                                                         3                                        (ii) CIVIL ACTION.—In the event a
                                                                         4                                 protected individual alleging a reprisal
                                                                         5                                 under this section brings a civil action
                                                                         6                                 under this subsection, the protected indi-
                                                                         7                                 vidual and the non-Federal employer (or
                                                                         8                                 the head of the applicable agency in the
                                                                         9                                 case of a Federal personal services con-
                                                                       10                                  tract involving covered funds), if applica-
                                                                       11                                  ble, shall have access to the investigative
                                                                       12                                  file of the Secretary of Labor in accord-
                                                                       13                                  ance with section 552a of title 5, United
                                                                       14                                  States Code.
                                                                       15                                         (iii) EXCEPTION.—The Secretary of
                                                                       16                                  Labor may exclude from disclosure—
                                                                       17                                                  (I) information protected from
                                                                       18                                         disclosure by a provision of law; and
                                                                       19                                                  (II) any additional information
                                                                       20                                         the Secretary of Labor determines
                                                                       21                                         disclosure of which would impede a
                                                                       22                                         continuing investigation, if such infor-
                                                                       23                                         mation is disclosed once such disclo-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                         sure would no longer impede such in-
                                                                       25                                         vestigation, unless the Secretary of


                                                                                   •HR 846 IH

                                        VerDate Sep 11 2014   17:46 Feb 24, 2021   Jkt 019200   PO 00000   Frm 00013   Fmt 6652   Sfmt 6201   E:\BILLS\H846.IH   H846
                                                                                                                              14
                                                                         1                                        Labor determines that disclosure of
                                                                         2                                        law enforcement techniques, proce-
                                                                         3                                        dures, or information could reasonably
                                                                         4                                        be expected to risk circumvention of
                                                                         5                                        the law or disclose the identity of a
                                                                         6                                        confidential source.
                                                                         7                                        (iv) PRIVACY OF INFORMATION.—The
                                                                         8                                 Secretary of Labor investigating an alleged
                                                                         9                                 reprisal under this section may not re-
                                                                       10                                  spond to any inquiry or disclose any infor-
                                                                       11                                  mation from or about any protected indi-
                                                                       12                                  vidual alleging such reprisal, except in ac-
                                                                       13                                  cordance with the provisions of section
                                                                       14                                  552a of title 5, United States Code, or as
                                                                       15                                  required by any other applicable Federal
                                                                       16                                  law.
                                                                       17               (c) GENERAL PROVISIONS.—
                                                                       18                         (1) RIGHTS RETAINED BY EMPLOYEE.—Noth-
                                                                       19               ing in this section shall diminish the rights, privi-
                                                                       20               leges, or remedies of any protected individual under
                                                                       21               any Federal or State law, or under any collective
                                                                       22               bargaining agreement.
                                                                       23                         (2) LIABILITY.—Notwithstanding any other




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               provision of law, a protected individual shall be im-
                                                                       25               mune from civil and criminal liability with respect to


                                                                                   •HR 846 IH

                                        VerDate Sep 11 2014   17:46 Feb 24, 2021   Jkt 019200   PO 00000   Frm 00014   Fmt 6652   Sfmt 6201   E:\BILLS\H846.IH   H846
                                                                                                                              15
                                                                         1              a disclosure by the individual if the individual would
                                                                         2              be protected from reprisal under subsection (a) for
                                                                         3              making the disclosure. The protected individual shall
                                                                         4              bear the burden of proving that the individual would
                                                                         5              be protected from reprisal under subsection (a) for
                                                                         6              making the disclosure.
                                                                         7                        (3) NONENFORCEABILITY OF CERTAIN PROVI-
                                                                         8              SIONS WAIVING RIGHTS AND REMEDIES OR REQUIR-

                                                                         9              ING ARBITRATION OF DISPUTES.—

                                                                       10                                  (A) WAIVER OF RIGHTS AND REMEDIES.—
                                                                       11                         Except as provided under subparagraph (C),
                                                                       12                         the rights and remedies provided for in this sec-
                                                                       13                         tion may not be waived by any public or private
                                                                       14                         agreement, policy, form, or condition of employ-
                                                                       15                         ment, including by any predispute arbitration
                                                                       16                         agreement.
                                                                       17                                  (B) PREDISPUTE                       ARBITRATION             AGREE-

                                                                       18                         MENTS.—Except                    as provided under subpara-
                                                                       19                         graph (C), no predispute arbitration agreement
                                                                       20                         shall be valid or enforceable if it requires arbi-
                                                                       21                         tration of a dispute arising under this section.
                                                                       22                                  (C) EXCEPTION                      FOR       COLLECTIVE        BAR-

                                                                       23                         GAINING AGREEMENTS.—Notwithstanding                                     sub-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                         paragraphs (A) and (B), an arbitration provi-
                                                                       25                         sion in a collective bargaining agreement shall


                                                                                   •HR 846 IH

                                        VerDate Sep 11 2014   17:46 Feb 24, 2021   Jkt 019200   PO 00000   Frm 00015   Fmt 6652   Sfmt 6201   E:\BILLS\H846.IH   H846
                                                                                                                              16
                                                                         1                        be enforceable as to disputes arising under the
                                                                         2                        collective bargaining agreement.
                                                                         3                        (4) REQUIREMENT TO POST NOTICE OF RIGHTS
                                                                         4              AND REMEDIES.—Any non-Federal employer receiv-

                                                                         5              ing covered funds (and the head of the applicable
                                                                         6              agency in the case of a Federal personal services
                                                                         7              contract involving covered funds) shall post notice of
                                                                         8              the rights and remedies provided under this section.
                                                                         9              (d) RULES OF CONSTRUCTION.—
                                                                       10                         (1) NO          IMPLIED AUTHORITY TO RETALIATE

                                                                       11               FOR        NON-PROTECTED                      DISCLOSURES.—Nothing              in
                                                                       12               this section may be construed to—
                                                                       13                                  (A) authorize the discharge of, demotion
                                                                       14                         of, or discrimination or other reprisal against a
                                                                       15                         protected individual for a disclosure other than
                                                                       16                         a disclosure protected by subsection (a); or
                                                                       17                                  (B) modify or derogate from a right or
                                                                       18                         remedy otherwise available to the protected in-
                                                                       19                         dividual.
                                                                       20                         (2) RELATIONSHIP TO STATE LAWS.—Nothing
                                                                       21               in this section may be construed to preempt, pre-
                                                                       22               clude, or limit the protections provided for public or
                                                                       23               private employees under State whistleblower laws.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               (e) COMPLAINT PORTAL.—The Special Inspector
                                                                       25 General for Pandemic Relief, the Pandemic Relief Ac-


                                                                                   •HR 846 IH

                                        VerDate Sep 11 2014   17:46 Feb 24, 2021   Jkt 019200   PO 00000   Frm 00016   Fmt 6652   Sfmt 6201   E:\BILLS\H846.IH   H846
                                                                                                                              17
                                                                         1 countability Committee, and the Congressional Oversight
                                                                         2 Commission shall each establish a public website where
                                                                         3 any individual who believes that the individual has been
                                                                         4 subjected to a reprisal prohibited under subsection (a)
                                                                         5 may submit a complaint regarding the reprisal. Such com-
                                                                         6 plaints shall be transmitted to the Secretary of Labor for
                                                                         7 enforcement in accordance with this section.
                                                                         8              (f) AUTHORIZATION OF APPROPRIATIONS.—There is
                                                                         9 authorized to be appropriated to the Secretary of Labor
                                                                       10 to carry out this Act $20,000,000 for fiscal year 2021,
                                                                       11 to remain available until expended.
                                                                                                                                  Æ




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                   •HR 846 IH

                                        VerDate Sep 11 2014   17:46 Feb 24, 2021   Jkt 019200   PO 00000   Frm 00017   Fmt 6652   Sfmt 6301   E:\BILLS\H846.IH   H846


File and source

File
BILLS_bills-117hr846ih_bills-117hr846ih.pdf
Size
254,382 bytes
SHA-256
4ee18d37790cabaa6b07efa56750eda8c5ff74c5c80f9b31de45aaf17e0140a2
Our copy
BILLS_bills-117hr846ih_bills-117hr846ih.pdf
Original
www.govinfo.gov
Back to top