[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7076 Introduced in House (IH)]
<DOC>
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.
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 ``Coronavirus Oversight and Recovery
Ethics Act of 2020'' or the ``CORE Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``abuse of authority'' means an arbitrary and
capricious exercise of authority by a contracting officer or
employee that adversely affects the rights of any individual,
or that results in personal gain or advantage to the officer or
employee or to preferred other individuals;
(2) the term ``CARES Act'' means the CARES Act (Public Law
116-136);
(3) the term ``Coronavirus pandemic-related program,
project, or activity''--
(A) means a program, project, or activity of the
executive branch of the Federal Government authorized
under or carried out using amounts made available under
an Act to respond to or to provide aid or assistance to
address, relief from, or funding to address the
outbreak of COVID-19 that is enacted before, on, or
after the date of enactment of this Act; and
(B) includes any program, project, or activity of
the executive branch of the Federal Government
authorized under or carried out using amounts made
available under--
(i) the Paycheck Protection Program and
Health Care Enhancement Act (Public Law 116-
139), or an amendment made by that Act;
(ii) the CARES Act, or an amendment made by
that Act;
(iii) the Families First Coronavirus
Response Act (Public Law 116-127), or an
amendment made by that Act; or
(iv) the Coronavirus Preparedness and
Response Supplemental Appropriations Act, 2020
(Public Law 116-123), or an amendment made by
that Act;
(4) the term ``covered contract'' means a contract that--
(A) has a value of more than $150,000; and
(B) relates to the administration or execution of
authorities under a Coronavirus pandemic-related
program, project, or activity;
(5) the term ``covered contractor'' means a private sector
contractor (at any tier) or advisor providing goods, property,
or services under a covered contract;
(6) the term ``covered funds'' means any contract,
subcontract, grant, subgrant, loan, loan guarantee, or other
payment for which--
(A) the Federal Government provides any portion of
the funds or property that is provided, requested, or
demanded; and
(B) any portion of the funds are appropriated or
otherwise made available under or to carry out a
Coronavirus pandemic-related program, project, or
activity;
(7) the term ``designated agency ethics official'' has the
meaning given that term under section 109 of the Ethics in
Government Act of 1978 (5 U.S.C. App.);
(8) the term ``Director'' means the Director of the Office
of Government Ethics;
(9) the term ``employee''--
(A) except as provided under subparagraph (B),
means an individual performing services on behalf of an
employer, including any individual working for an
employer under a contract with such employer (including
a contractor, subcontractor, or agent of an employer);
and
(B) does not include any Federal employee or member
of the uniformed services (as that term is defined in
section 101(a)(5) of title 10, United States Code);
(10) the term ``ethics and conflicts of interest
regulations'' means the regulations issued by the Director
under subsection (b) of section 3, in accordance with the
requirements under section 3;
(11) the term ``non-Federal employer''--
(A) means any employer--
(i) with respect to covered funds--
(I) the contractor, subcontractor,
grantee, subgrantee, or recipient, as
the case may be, if the contractor,
subcontractor, grantee, subgrantee, or
recipient is an employer; and
(II) any professional membership
organization, certification or other
professional body, any agent or
licensee of the Federal Government, or
any person acting directly or
indirectly in the interest of an
employer receiving covered funds; or
(ii) with respect to covered funds received
by a State or local government, the State or
local government receiving the funds and any
contractor or subcontractor of the State or
local government; and
(B) does not mean any department, agency, or other
entity of the Federal Government;
(12) the term ``reprisal'', for purposes of section 11,
means an action (or, as applicable, inaction) that is
discharging, demoting, blacklisting, or acting or failing to
take an action in a manner prejudicial against, or otherwise
discriminating against in any way (including in the hiring
process and including by the threat of any such action or
inaction) an employee, former employee, or individual seeking
employment as described in section 11(a)(1) for engaging in,
being perceived as engaging in, or preparing to engage in the
disclosure of information as described in such section;
(13) the term ``senior executive'' means an individual--
(A) employed by a private employer; and
(B) who--
(i) receives annual compensation from the
private employer in an amount that is more that
$1,000,000;
(ii) has direct authority over more than 1
percent of the funds provided under a
Coronavirus pandemic-related program, project,
or activity; or
(iii) for an employee of a private employer
for which the annual average revenue for the
period of 2017, 2018, and 2019 is not less than
$1,000,000,000, is 1 of the 100 most highly
compensated executives of the private employer;
and
(14) the term ``State or local government'' means--
(A) the government of each of the several States,
the District of Columbia, 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; or
(B) the government of any political subdivision of
a government listed in subparagraph (A).
SEC. 3. ETHICS AND CONFLICTS OF INTEREST.
(a) Purpose.--The purpose of this section is to set forth standards
to address and prevent conflicts of interest or abuses of authority
that may arise in connection with the administration and execution of
the authorities under a Coronavirus pandemic-related program, project,
or activity, including under the CARES Act.
(b) Standards Required.--The Director shall issue regulations
necessary to address and prevent conflicts of interest or abuses of
authority that may arise in connection with the administration or
execution of the authorities under a Coronavirus pandemic-related
program, project, or activity, including--
(1) conflicts arising in the selection or hiring of covered
contractors or advisors, including contractors, banks, and
other private sector entities involved in the administration of
programs or services authorized under paragraph (36) of section
7(a) of the Small Business Act (15 U.S.C. 636(a)) or under
section 4003 of the CARES Act;
(2) the management, administration, or distribution of
funds, grants, loans, loan guarantees, or other investments
under a Coronavirus pandemic-related program, project, or
activity;
(3) post-employment restrictions on Federal officers and
employees;
(4) any exercise of authority by Federal officers and
employees that adversely affects the rights of any person, or
that results in personal gain or advantage to the officer or
employee; and
(5) any other potential conflict of interest or abuse of
authority, as the Director determines necessary or appropriate
in the public interest.
(c) Timing.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, but in any event not later than 60 days
after such date of enactment, the Director shall issue the
ethics and conflicts of interest regulations.
(2) Waiver to ensure compliance with timing.--To the extent
compliance with the requirements under subchapter II of chapter
5 of title 5, United States Code, would prevent the Director
from complying with the timeframe specified under paragraph (1)
for issuance of the ethics and conflicts of interest
regulations, such subchapter shall not apply to the issuance of
the ethics and conflicts of interest regulations.
(d) Scope.--The ethics and conflicts of interest regulations shall
address actual and potential conflicts of interest, or circumstances
that give rise to the appearance of a conflict of interest to a
reasonable person, including--
(1) any actual or potential personal conflict of interest,
including any personal, business, or financial interest of any
individual involved in the administration or execution of the
authorities under a Coronavirus pandemic-related program,
project, or activity or such an interest of a spouse, child,
parent, sibling, son-in-law, or daughter-in-law of such an
individual; and
(2) any actual or potential conflict of interest of a
covered contractor, including any political activity that
creates the appearance of a conflict of interest to a
reasonable person, or any situation in which a covered
contractor has an interest or relationship that could cause a
reasonable person with knowledge of the relevant facts to
question the objectivity, impartiality, or judgment of the
covered contractor to perform under a covered contract or to
represent the Federal Government.
(e) Contractors and Advisors.--
(1) Compliance program.--The ethics and conflicts of
interest regulations shall require--
(A) a covered contractor to maintain a compliance
program reasonably designed to detect and prevent
violations of Federal law, including Federal securities
laws, and conflicts of interest; and
(B) that such a compliance program--
(i) include plans to mitigate any conflict
of interest, including any personal conflict of
interest of any individual performing duties
under a covered contract;
(ii) allow for the Director or the
designated agency ethics official for the
applicable Federal agency to disapprove any
plan described in clause (i) that is
insufficient;
(iii) be posted by the covered contractor
on the public website of the covered
contractor; and
(iv) be provided to the Director or to the
designated agency ethics official for the
applicable Federal agency.
(2) Information required.--The ethics and conflicts of
interest regulations shall require a covered contractor to
provide to the Director or the designated agency ethics
official for the applicable Federal agency, upon request or
through a process specified in the ethics and conflicts of
interest regulations, sufficient information to evaluate any
conflict of interest, which may include--
(A) the relationship of the covered contractor to
any other involved contractors or advisors;
(B) information concerning all other business or
financial interests of the covered contractor, the
proposed subcontractors of the covered contractor, or
entities related to the covered contractor (including
any parent company or subsidiary of a covered
contractor, any entity holding more than a 5 percent
equity interest in the covered contractor, and any
entity in which the covered contractor holds more than
a 5 percent equity interest);
(C) a description of all of the conflicts of
interest and potential conflicts of interest of the
covered contractor;
(D) a detailed written plan to mitigate all of the
conflicts of interest and potential conflicts of
interest of the covered contractor, along with
supporting documents; and
(E) any other information or documentation about
the covered contractor, the proposed subcontractors of
the covered contractor, or entities related to the
covered contractor that the Director or the designated
agency ethics official for the applicable Federal
agency may request.
(3) Terms of contract or agreement.--
(A) In general.--On and after the effective date of
the ethics and conflicts of interest regulations, the
Federal Government may not enter into (or renew) a
covered contract, unless the covered contract includes
enforceable terms and conditions to enforce the ethics
and conflicts of interest regulations.
(B) Existing contracts.--With respect to a covered
contract entered into before the effective date of the
ethics and conflicts of interest regulations, the head
of the Federal agency that entered into the covered
contract and the contracting officers of the Federal
agency shall make efforts, to the maximum extent
practicable and as part of the first amendment or
modification to the contract after such effective date,
to update the covered contract to include and enforce
the ethics and conflicts of interest regulations.
(4) Written certification.--The ethics and conflicts of
interest regulations--
(A) shall require a covered contractor to submit,
under penalty of perjury, to the Director or the
designated agency ethics official for the applicable
Federal agency a written certification--
(i) certifying that no conflicts of
interest exists (and that individuals
performing services under the covered contract
have no personal conflicts of interest); or
(ii) explaining in detail--
(I) the extent to which the covered
contractor can certify and describe the
actions the covered contractor has
taken and plans to take to mitigate any
conflict of interest; and
(II) the timeframe for
implementation for the actions
described in subclause (I); and
(B) may specify the frequency with which a covered
contractor shall submit a written certification
described in subparagraph (A).
(5) Retention of information.--The ethics and conflicts of
interest regulations shall require covered contractors to--
(A) retain the information needed to comply with
this section, including the written certifications
required by this section, for a specified period of
time; and
(B) make such information available to the Director
or the designated agency ethics official for the
applicable Federal agency upon request.
(6) Concurrent activities.--The ethics and conflicts of
interest regulations may restrict certain market activities by
a covered contractor that are likely to cause impermissible
conflicts of interest.
(7) Rule of construction regarding procurement integrity
act.--Nothing in this section shall be construed to modify the
application of chapter 21 of title 41, United States Code, to
covered contracts or to covered contractors.
(f) Individual Conflicts of Interest.--
(1) Personal or financial conflicts of interest.--The
ethics and conflicts of interest regulations shall ensure that
any individual (including any officer or employee of the
executive branch of the Federal Government) who participates
personally and substantially in the administration or execution
of any Coronavirus pandemic-related program, project, or
activity, through, for example, decision, approval,
disapproval, recommendation, or the rendering of advice, has no
personal or financial conflict of interest (including a
situation that would cause a reasonable person with knowledge
of the relevant facts to question the objectivity,
impartiality, or judgment of the individual in such
performance, or the ability of the individual to represent the
interests of the Federal Government), unless mitigation
measures have addressed the conflict to the satisfaction of the
Director or the designated agency ethics official for the
applicable Federal agency, or the conflict is waived in
accordance with waiver rules.
(2) Information required.--
(A) In general.--The ethics and conflicts of
interest regulations may require certain officers or
employees of the Federal Government to submit, in
writing, information about their personal, business,
and financial relationships, and such relationships of
their spouses and dependent children, that would cause
a reasonable person with knowledge of the relevant
facts to question the objectivity, impartiality, or
judgment of the officer or employee or the ability of
the officer or employee to represent the interests of
the Federal Government.
(B) Minimization of duplication.--To the extent
practicable, the ethics and conflicts of interest
regulations should ensure that the submission of
information under subparagraph (A) does duplicate the
financial disclosures required under the Ethics in
Government Act of 1978 (5 U.S.C. App.).
(C) Disclosure.--The ethics and conflicts of
interest regulations shall provide for appropriate and
reasonable public disclosure of any information
submitted under subparagraph (A).
(3) Disqualification.--
(A) In general.--The ethics and conflicts of
interest regulations shall specify circumstances in
which an officer or employee of the Federal Government
with an actual or potential personal conflict of
interest is disqualified from performing work as part
of the administration or execution of any Coronavirus
pandemic-related program, project, or activity unless
mitigation measures have addressed the conflict to the
satisfaction of the Director or the designated agency
ethics official for the applicable Federal agency.
(B) Waiver.--The ethics and conflicts of interest
regulations may establish a process by which
individuals may seek a waiver of disqualification from
the Director or the designated agency ethics official
for the applicable Federal agency if it is clear from
the totality of the circumstances that a waiver is in
the interest of the Federal Government.
(g) Gifts.--
(1) In general.--The ethics and conflicts of interest
regulations shall restrict officers and employees of the
Federal Government and covered contractors involved in the
administration or execution of the authorities under a
Coronavirus pandemic-related program, project, or activity and
covered contractors from accepting or soliciting favors, gifts,
or other items of significant monetary value from any
individual or entity seeking official action from the Federal
Government in connection with the administration or execution
of the authorities under a Coronavirus pandemic-related
program, project, or activity.
(2) Rule of construction regarding existing gift
limitations.--Nothing in this subsection shall be construed to
modify the application of subpart B of part 2635 of title 5,
Code of Federal Regulations (relating to gifts from outside
sources).
(h) Improper Use.--
(1) In general.--The ethics and conflicts of interest
regulations shall restrict the improper use of property of the
United States for the benefit of any individual or entity other
than the United States in the administration or execution of
the authorities under a Coronavirus pandemic-related program,
project, or activity.
(2) Rule of construction regarding existing use of
information limitations.--Nothing in this subsection shall be
construed to modify the application of section 2635.703 of
title 5, Code of Federal Regulations (relating to use of
nonpublic information).
(i) Promises and Pledges.--
(1) In general.--The ethics and conflicts of interest
regulations shall restrict officers and employees of the
Federal Government involved in the administration or execution
of the authorities under a Coronavirus pandemic-related
program, project, or activity and covered contractors from
making any unauthorized promise or commitment on behalf of the
United States in the administration or execution of the
authorities under a Coronavirus pandemic-related program,
project, or activity.
(2) Rule of construction regarding antideficiency act.--
Nothing in this subsection shall be construed to modify the
application of section 1341 of title 31, United States Code
(relating to limitations on expending and obligating amounts).
(j) Post-Employment Restrictions.--The ethics and conflicts of
interest regulations--
(1) shall establish post-employment restrictions (in
addition to the restrictions in effect under section 207 of
title 18, United States Code) applicable to officers and
employees of the Federal Government involved in the
administration or execution of the authorities under a
Coronavirus pandemic-related program, project, or activity
necessary to ensure ethical administration of the Coronavirus
pandemic-related program, project, or activity, which shall, at
a minimum, prohibit such an officer or employee of an executive
agency from engaging in lobbying activities with respect to the
executive agency during the 5-year period beginning on the date
of separation from service with the executive agency; and
(2) may include restrictions on officers and employees of
the Federal Government involved in the administration or
execution of the authorities under a Coronavirus pandemic-
related program, project, or activity seeking, negotiating,
discussing, or accepting employment or compensation from any
private sector entity with respect to which the officer or
employee personally or substantially participated in (through
decision, approval, disapproval, recommendation) the provision
of funds, grants, loans, loan guarantees, or other investments
under the Coronavirus pandemic-related program, project, or
activity.
(k) Communications With Government Employees.--The ethics and
conflicts of interest regulations shall prohibit, during the course of
any process for selecting a covered contractor (including any process
using non-competitive procedures), an entity participating in the
process or a representative of the entity from--
(1) directly or indirectly making any offer or promise of
future employment or business opportunity to, or engaging
directly or indirectly in any discussion of future employment
or business opportunity with, any officer or employee of the
Federal Government with personal or direct responsibility for
that procurement;
(2) offering, giving, or promising to offer or give,
directly or indirectly, any money, gratuity, or other thing of
value to any officer or employee of the Federal Government,
except as otherwise permitted by law; or
(3) soliciting or obtaining from any officer or employee of
the Federal Government, directly or indirectly, any information
that is not public and was prepared for use by the United
States for the purpose of evaluating an offer, quotation, or
response to enter into an arrangement with the United States.
(l) Laws Applied.--
(1) In general.--Nothing in this section shall be construed
to modify that any individual who acts for or on behalf of the
United States in the administration and execution of the
authorities under a Coronavirus pandemic-related program,
project, or activity--
(A) shall comply with sections 201 and 208 of title
18, United States Code; and
(B) may be subject to criminal penalties for
violating such sections.
(2) False statements.--Nothing in this section shall be
construed to modify the application of section 1001 of title
18, United States Code, (relating to the making of any false or
fraudulent statement to a Federal officer) to any information
or certification submitted to the United States by an
individual or entity under the ethics and conflicts of interest
regulations.
(3) Criminal referral and reporting.--If the Director or a
designated agency ethics official receives information
indicating that any individual or entity has violated any
provision of title 18, United States Code, or another provision
of criminal law (including any provision involving fraud,
conflict of interest, bribery, or gratuity violations under
title 18, United States Code) or violated sections 3729 through
3733 of title 31, United States Code, (commonly known as the
``False Claims Act'') in the administration or execution of the
authorities under a Coronavirus pandemic-related program,
project, or activity, the Director or designated agency ethics
official shall refer the alleged violation to the Attorney
General and report the alleged violation to the Special
Inspector General for Pandemic Relief, the Congressional
Oversight Commission, and the Pandemic Response Accountability
Committee.
(m) Conflicts of Interest Enforcement.--
(1) Penalties.--The ethics and conflicts of interest
regulations shall provide that--
(A) if an officer or employee of the Federal
Government violates a requirement under the ethics and
conflicts of interest regulations, the Director may
take necessary and appropriate action authorized under
section 402 of the Ethics in Government Act of 1978 (5
U.S.C. App.); and
(B) if a covered contractor violates a requirement
under the ethics and conflicts of interest regulations,
the Director may impose or pursue sanctions, which may
include--
(i) termination of the covered contract;
(ii) debarment of the covered contractor
for Federal Government contracting or otherwise
disqualifying the covered contractor from
receiving Federal contracts;
(iii) requiring the covered contractor to
remove 1 or more employees of the covered
contractor from the performance of the covered
contract;
(iv) requiring the covered contractor to
terminate a subcontract;
(v) suspension of payments under the
covered contract until the covered contractor
has taken appropriate remedial action;
(vi) loss of award fee, consistent with the
award fee plan, for the performance period
during which the Director determines the
covered contractor violated the requirement;
(vii) declining to exercise available
options under the covered contract; or
(viii) the imposition or recommendation of
any other remedy available under the terms of
the covered contract or another provision of
law.
(2) Reporting to other oversight entities.--The ethics and
conflicts of interest regulations shall require the Director
and a designated agency ethics official to report any violation
of a requirement under the ethics and conflicts of interest
regulations and any action taken by the Director relating to
the violation to the Special Inspector General for Pandemic
Recovery, the Congressional Oversight Commission, and the
Pandemic Response Accountability Committee.
(n) Waivers.--The ethics and conflicts of interest regulations may
establish a process under which a requirement under the ethics and
conflicts of interest regulations may be waived if it is clear from the
totality of the circumstances that a waiver is in the interest of the
Federal Government.
(o) Funding.--There is appropriated to the Director for the fiscal
year ending September 30, 2020, out of any money in the Treasury not
otherwise appropriated, $25,000,000 to carry out this section, to
remain available until expended.
SEC. 4. SPECIAL GOVERNMENT EMPLOYEE AND WHITE HOUSE TASK FORCE MEMBER
ETHICS.
(a) Definitions.--In this section:
(1) Covered special government employee.--The term
``covered special Government employee'' means an individual
who--
(A) is appointed by the President to serve on a
White House task force to address the outbreak of
COVID-19; or
(B)(i) is--
(I) appointed by the President under
section 710(b)(1) of the Defense Production Act
of 1950 (50 U.S.C. 4560(b)(1));
(II) a provider of a voluntary and
uncompensated service described in section
621(c)(3) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5197(c)(3)); or
(III) a special Government employee (as
defined in section 202(a) of title 18, United
States Code); and
(ii) advises, consults, or otherwise works on a
Coronavirus pandemic-related program, project, or
activity.
(2) Periodic transaction report.--The term ``periodic
transaction report'' means a report containing the information
required for a report of a transaction under section 103(l) of
the Ethics in Government Act of 1978 (5 U.S.C. App.).
(3) Public financial disclosure report.--The term ``public
financial disclosure report'' means a report that includes a
full and complete statement with respect to the items described
in paragraphs (1) through (8) of section 102(a) of the Ethics
in Government Act of 1978 (5 U.S.C. App.).
(4) Transaction.--The term ``transaction'' means a
transaction required to be reported under section 102(a)(5)(B)
of the Ethics in Government Act of 1978 (5 U.S.C. App.).
(b) Requirement.--
(1) In general.--A covered special Government employee
shall file with the Director or the designated agency ethics
official of the agency served by the covered special Government
employee--
(A) for an individual serving as a covered special
Government employee on the date of enactment of this
Act, not later than the later of 30 days after the date
of enactment of this Act, a public financial disclosure
report;
(B) for an individual appointed to a position as a
covered special Government employee on or after the
date of enactment of this Act, not later than 30 days
after the date of the appointment, a public financial
disclosure report;
(C) not later than 30 days after the special
Government employee is notified of a transaction to
which the special Government employee is a party, but
in no case later than 45 days after such transaction, a
periodic transaction report; and
(D) not later than 30 days after separating from
service as a covered special Government employee, a
public financial disclosure report.
(2) Submission to office of government ethics.--Not later
than 15 days after a designated agency ethics official receives
a report from a covered special Government employee under
paragraph (1), the designated agency ethics official shall
submit a copy of the report to the Director.
(c) Office of Government Ethics.--
(1) Public availability.--Not later than 15 days after the
date on which the Director receives a report under subsection
(b)(1) or (b)(2), the Director shall make the report publicly
available on the website of the Office of Government Ethics.
(2) Quarterly reviews.--Not later than 90 days after the
date of enactment of this Act, and every 90 days thereafter
until the date that is 2 years after the date of enactment of
this Act, the Director shall--
(A) conduct a review to create and update a list of
the names of every covered special Government employee;
and
(B) ensure that--
(i) each covered special Government
employee on the list described in subparagraph
(A) has timely filed--
(I) the public financial disclosure
report required under subparagraph (A)
or (B) of subsection (b)(1);
(II) each periodic transaction
report required under subsection
(b)(1)(C); and
(III) if appropriate, the public
financial disclosure report required
under subsection (b)(1)(D); and
(ii) each report received by the Director
under subsections (b)(1) and (b)(2) has been
made publicly available on the website of the
Office of Government Ethics.
SEC. 5. CARES ACT CONFLICT OF INTEREST EXPANSIONS.
(a) Small Business Programs.--Section 4019 of the CARES Act (Public
Law 116-136) is amended--
(1) in subsection (a), by adding at the end the following:
``(7) Small business assistance.--The term `small business
assistance' means assistance provided under--
``(A) paragraph (36) of section 7(a) of the Small
Business Act (15 U.S.C. 636(a)), as added by section
1102 of this Act; or
``(B) section 1103, 1108, 1110, or 1112 of this
Act.'';
(2) in subsection (b)--
(A) by inserting ``or provisions relating to small
business assistance'' after ``this subtitle''; and
(B) by inserting ``or for any small business
assistance'' before the period at the end; and
(3) in subsection (c)--
(A) by inserting ``or seeking any small business
assistance'' after ``4003'';
(B) by inserting ``or small business assistance''
after ``that transaction'';
(C) by inserting ``or the Administrator of the
Small Business Administration, as applicable,'' after
``System''; and
(D) by inserting ``or receive the small business
assistance'' after ``in that transaction''.
(b) Definition of Covered Individual.--Section 4019(a) of the CARES
Act is amended by striking paragraph (3) and inserting the following:
``(3) Covered individual.--The term `covered individual'
means--
``(A) the President, the Vice President, the head
of an Executive department, a Member of Congress, an
individual appointed by the President under subsection
(a) or (b) of section 105 of title 3, United States
Code, or an individual who is otherwise appointed by
the President to serve as assistant to the President or
deputy assistant to the President and holds a
commission of appointment from the President as a
civilian employee; and
``(B) the spouse, parent, sibling, child, son-in-
law, or daughter-in-law, as determined under applicable
common law, of an individual described in subparagraph
(A).''.
SEC. 6. LOBBYING DISCLOSURES AND RESTRICTIONS.
(a) Definitions.--In this section:
(1) In general.--The terms ``client'', ``covered executive
branch official'', ``covered legislative branch official'',
``employee'', ``lobbying activities'', ``lobbying contact'',
and ``person or entity'' have the meanings given the terms in
section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1602).
(2) Registrant.--The term ``registrant'' means a person
registered under section 4 of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1603).
(b) Registrant Report.--Every 30 days beginning on the date of
enactment of this Act, any registrant who engages in lobbying
activities related to a Coronavirus pandemic-related program, project,
or activity on behalf of the client of the registrant shall file a
report with the Secretary of the Senate and the Clerk of the House of
Representatives on its lobbying activities during such 30 day period. A
separate report shall be filed for each client of the registrant.
(c) Contents of the Report.--The reports required under subsection
(b) shall include--
(1) a statement of--
(A) each specific issue with respect to which the
registrant, or any employee of the registrant, engaged
in lobbying activities, including, to the maximum
extent practicable, a statement of each Coronavirus
pandemic-related program, project, or activity and
reference to any specific Federal rule or regulation,
Executive order, or any other program, policy, or
position of the United States Government;
(B) each lobbying activity related to a Coronavirus
pandemic-related program, project, or activity that the
registrant has engaged in on behalf of the client,
including--
(i) each Coronavirus pandemic-related
document submitted by the registrant to any
executive branch official;
(ii) each Coronavirus pandemic-related
meeting conducted that constituted a lobbying
contact, including the specific subject of the
meeting, the date of the meeting, and the name
and position of each individual who was a party
to the meeting;
(iii) each Coronavirus pandemic-related
phone call made that constituted a lobbying
contact, including the subject of the phone
call, the date of the phone call, and the name
and position of each individual who was a party
to the phone call; and
(iv) each Coronavirus pandemic-related
email or other electronic communication sent
that constituted a lobbying contact, including
the subject of the email, the date of the
email, and the name and position of each
individual who was a party to the email;
(C) the name of each employee of the registrant who
did not participate in the lobbying contact but engaged
in lobbying activities related to a Coronavirus
pandemic-related program, project, or activity in
support of the lobbying contact and a description of
any such lobbying activity; and
(D) with respect to any person or entity retained
by the registrant to engage in lobbying activities
related to a Coronavirus pandemic-related program,
project, or activity on behalf of the client of the
registrant--
(i) the name, address, business telephone
number, and principal place of business of the
person or entity;
(ii) a description of any lobbying activity
by the person or entity on behalf of the client
of the registrant;
(iii) the amount the registrant paid to the
person or entity for any lobbying activity by
the person or entity on the behalf of the
client of the registrant;
(iv) the name of each employee of the
person or entity who supervised any lobbying
activity by the person or entity on behalf of
the client of the registrant; and
(v) the official action or inaction
requested in the course of the lobbying
activity; and
(2) a copy of any document transmitted to an executive
branch official in the course of any lobbying activity related
to a Coronavirus pandemic-related program, project, or activity
by the registrant on behalf of the client.
(d) Public Availability.--Not later than 7 days after the date on
which the Secretary of the Senate and the Clerk of the House of
Representatives receive a submission under subsection, Secretary of the
Senate and the Clerk of the House of Representatives shall--
(1) make such submission publicly available on a website,
and
(2) submit to the Special Inspector General for Pandemic
Relief and the Pandemic Relief Accountability Committee records
documenting all lobbying activities related to a Coronavirus
pandemic-related program, project, or activity during the
previous 30-day period.
(e) Prohibition.--An executive department or agency official shall
not consider the view of a registrant concerning a Coronavirus
pandemic-related program, project, or activity unless such views are
expressed in writing and in accordance with this Section.
(f) Oral Communication Lobbying Restriction.--Upon the scheduling
of, and again at the outset of, any oral communication (in-person or
telephonic) with any person or entity concerning a Coronavirus
pandemic-related program, project, or activity, an executive department
or agency official shall inquire whether any of the individuals or
parties appearing or communicating concerning such program, project, or
activity is a registrant. If so, the registrant may not attend or
participate in the telephonic or in-person contact, but may submit a
communication in writing and in accordance with this section.
(g) General Policy Communication.--
(1) In general.--An executive department or agency official
may generally communicate orally with registrants regarding a
Coronavirus pandemic-related program, project, or activity if
the oral communication does not extend to or touch upon
particular applications or applicants for covered funds.
(2) Required inquiry.--Upon the scheduling of, and at the
outset of, any oral communication with any person or entity
concerning general policy issues related to a Coronavirus
pandemic-related program, project, or activity, an executive
department or agency official shall inquire whether any of the
individuals or parties appearing or communicating concerning
such issues is a registrant. If so, the official shall comply
with paragraph (1).
(h) Enforcement.--
(1) Violations.--A violation of this section by a
registrant or an individual who should have registered as a
registrant shall constitute a violation of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1601 et seq.).
(2) Department of justice enforcement.--The Civil Division
of the Department of Justice shall enforce and investigate
alleged violations of this section.
(3) Enforcement capacity.--The Civil Division of the
Department of Justice shall--
(A) designate at least 1 full-time investigator, 1
full-time paralegal and 1 full-time attorney to enforce
this section; and
(B) publicize a phone number and email that the
public may use to report possible violations of this
section.
(4) Reporting violations.--The Office of the Clerk of the
House of Representatives, the Secretary of the Senate, and
private individuals may report suspected violations of this
section.
(5) Egregious violations.--The Civil Division of the
Department of Justice shall refer egregious or willful
violations to the Criminal Division of the Department of
Justice for possible criminal enforcement. In determining
investigation and enforcement priorities, the Department of
Justice shall prioritize repeated violations of this section
and violations that demonstrate disregard for public health and
safety.
(6) Referrals.--The Special Inspector General for Pandemic
Relief shall refer any evidence of alleged violation of this
section to the Civil Division of the Department of Justice.
SEC. 7. BAN ON POLITICAL SPENDING AND LOBBYING EXPENDITURES.
(a) In General.--Section 4003(c) of the CARES Act is amended--
(1) in paragraph (2)--
(A) in subparagraph (H), by striking ``and'' at the
end; and
(B) in subparagraph (I), by striking the period at
the end and inserting the following:
``(J) the agreement provides that, until the date
12 months after the date the loan or loan guarantee is
no longer outstanding, the eligible business shall not
make--
``(i) any expenditures relating to Federal
lobbying activities, as defined in section 3 of
the Lobbying Disclosure Act of 1995 (2 U.S.C.
1602); or
``(ii) any dues payment to an organization
described in section 501(c)(6) of the Internal
Revenue Code of 1986 that may be used for
expenditures described in clause (i); and
``(K) the agreement provides that, until the date
12 months after the date the loan or loan guarantee is
no longer outstanding, the eligible business shall not
engage in political spending, including independent
expenditures through third-party organizations,
including payments to organizations described in
section 501(c)(6) or 501(c)(4) of the Internal Revenue
Code of 1986 or any political action committee that may
be used for political spending.''; and
(2) in paragraph (3)(A)--
(A) in clause (ii)--
(i) in subclause (II), by striking ``and''
at the end;
(ii) in subclause (III), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(VI) until the date 12 months
after the date on which the loan or
loan guarantee is no longer
outstanding, not to make--
``(aa) any expenditures
relating to Federal lobbying
activities, as defined in
section 3 of the Lobbying
Disclosure Act of 1995 (2
U.S.C. 1602); or
``(bb) any dues payment to
an organization described in
section 501(c)(6) of the
Internal Revenue Code of 1986
that may be used for
expenditures described in item
(aa); and
``(VII) until the date 12 months
after the date on which the loan or
loan guarantee is no longer
outstanding, not to engage in political
spending, including independent
expenditures through third-party
organizations, including payments to
organizations described in section
501(c)(6) or 501(c)(4) of the Internal
Revenue Code of 1986 or any political
action committee that may be used for
political spending.''; and
(B) by striking clause (iii).
(b) Applicability.--The amendments made by subsection (a) shall
apply to any loan, loan guarantee, or other investment under paragraph
(1), (2), (3), or (4) of section 4003(b) of the CARES Act made on or
after the date of enactment of this Act.
SEC. 8. REMOVAL OF INSPECTORS GENERAL; VACANCIES; CHANGE IN STATUS;
TERMS.
(a) Removal for Cause.--
(1) Inspectors general of establishments and designated
federal entities.--The Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(A) in section 3(b), by inserting after the first
sentence the following: ``An Inspector General may only
be removed by the President for permanent incapacity,
neglect of duty, malfeasance, conviction of a felony or
conduct involving moral turpitude, knowing violation of
a law, gross mismanagement, gross waste of funds, or
abuse of authority.''; and
(B) in section 8G(e), by adding at the end the
following:
``(3) An Inspector General may only be removed by the head
of a designated Federal entity for permanent incapacity,
neglect of duty, malfeasance, conviction of a felony or conduct
involving moral turpitude, knowing violation of a law, gross
mismanagement, gross waste of funds, or abuse of authority.''.
(2) Inspector general of the intelligence community.--
Section 103H(c)(4) of the National Security Act of 1947 (50
U.S.C. 3033(c)(4)) is amended, in the first sentence, by
inserting ``, and only for permanent incapacity, neglect of
duty, malfeasance, conviction of a felony or conduct involving
moral turpitude, knowing violation of a law, gross
mismanagement, gross waste of funds, or abuse of authority''
before the period at the end.
(3) Inspector general of the central intelligence agency.--
Section 17(b)(6) of the Central Intelligence Act of 1949 (50
U.S.C. 3517(b)(6)) is amended, in the first sentence, by
inserting ``, and only for permanent incapacity, neglect of
duty, malfeasance, conviction of a felony or conduct involving
moral turpitude, knowing violation of a law, gross
mismanagement, gross waste of funds, or abuse of authority''
before the period at the end.
(4) Inspector general of the government accountability
office.--Section 705(b)(2) of title 31, United States Code, is
amended, in the first sentence, by inserting ``only for
permanent incapacity, neglect of duty, malfeasance, conviction
of a felony or conduct involving moral turpitude, knowing
violation of a law, gross mismanagement, gross waste of funds,
or abuse of authority'' before the period at the end.
(5) Inspector general for the united states capitol
police.--Section 1004(b)(3) of the Legislative Branch
Appropriations Act, 2006 (2 U.S.C. 1909(b)(3)) is amended by
adding at the end the following: ``The Board may only remove
the Inspector General for permanent incapacity, neglect of
duty, malfeasance, conviction of a felony or conduct involving
moral turpitude, knowing violation of a law, gross
mismanagement, gross waste of funds, or abuse of authority.''.
(6) Inspector general of the architect of the capitol.--
Section 1301(c)(2)(A) of the Architect of the Capitol Inspector
General Act of 2007 (2 U.S.C. 1808(c)(2)(A)) is amended by
inserting ``only for permanent incapacity, neglect of duty,
malfeasance, conviction of a felony or conduct involving moral
turpitude, knowing violation of a law, gross mismanagement,
gross waste of funds, or abuse of authority'' before the period
at the end.
(7) Inspector general of the library of congress.--Section
1307(c)(2)(A) of the Library of Congress Inspector General Act
of 2005 (2 U.S.C. 185(c)(2)(A)) is amended by inserting ``only
for permanent incapacity, neglect of duty, malfeasance,
conviction of a felony or conduct involving moral turpitude,
knowing violation of a law, gross mismanagement, gross waste of
funds, or abuse of authority'' before the period at the end.
(8) Inspector general of the government publishing
office.--Section 3902(b)(1) of title 44, United States Code, is
amended by inserting ``only for permanent incapacity, neglect
of duty, malfeasance, conviction of a felony or conduct
involving moral turpitude, knowing violation of a law, gross
mismanagement, gross waste of funds, or abuse of authority''
before the period at the end.
(9) Severability.--If any provision of the amendments made
by this subsection, or the application of such a provision to
any person or circumstance, is held to be unconstitutional, the
remaining provisions of the amendments made by this subsection,
and the application of such provisions to any person or
circumstance, shall not be affected by the holding.
(b) CIGIE Report on Removals.--Section 11(c) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the
following:
``(6) Additional responsibilities relating to removal of
inspectors general.--
``(A) Definitions.--In this paragraph--
``(i) the term `appropriate congressional
committees' means--
``(I) the Committee on Homeland
Security and Governmental Affairs and
the Committee on the Judiciary of the
Senate; and
``(II) the Committee on Oversight
and Reform and the Committee on the
Judiciary of the House of
Representatives; and
``(ii) the term `Inspector General' means--
``(I) an Inspector General
appointed under section 3 or 8G;
``(II) the Inspector General of the
Central Intelligence Agency established
under section 17 of the Central
Intelligence Agency Act of 1949 (50
U.S.C. 3517);
``(III) the Inspector General of
the Intelligence Community established
under section 103H of the National
Security Act of 1947 (50 U.S.C. 3033);
``(IV) the Special Inspector
General for Afghanistan Reconstruction
established under section 1229 of the
National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181;
122 Stat. 379);
``(V) the Special Inspector General
for the Troubled Asset Relief Plan
established under section 121 of the
Emergency Economic Stabilization Act of
2008 (12 U.S.C. 5231);
``(VI) the Inspector General for
the Government Accountability Office
established under section 705 of title
31, United States Code;
``(VII) the Inspector General for
the United States Capitol Police
established under section 1004 of the
Legislative Branch Appropriations Act,
2006 (2 U.S.C. 1909);
``(VIII) the Inspector General of
the Architect of the Capitol
established under section 1301 of the
Architect of the Capitol Inspector
General Act of 2007 (2 U.S.C. 1808);
``(IX) the Inspector General of the
Library of Congress established under
section 1307 of the Library of Congress
Inspector General Act of 2005 (2 U.S.C.
185); and
``(X) the Inspector General of the
Government Publishing Office
established under section 3901 of title
44, United States Code.
``(B) Report.--In the event of a removal of an
Inspector General or an acting Inspector General, the
Council shall--
``(i) investigate the reasons for removal
provided by the President or relevant head of
the establishment, designated Federal entity
(as defined in section 8G), or Federal agency,
as applicable, and publish a publicly available
report with the findings of the Council and, in
the case of an Inspector General or acting
Inspector General appointed by the President,
whether the reasons comply with the relevant
provisions relating to for cause removal; and
``(ii) review any investigation that was
being conducted by the Inspector General or
acting Inspector at the time of the removal and
report to the appropriate congressional
committees, and any other committee of Congress
that the Council determines to be relevant, on
whether the Council finds that the
investigation led to the removal.''.
(c) Vacancy in the Position of Inspector General.--
(1) Inspectors general of establishments and designated
federal entities.--The Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(A) in section 3, by adding at the end the
following:
``(h)(1) In the event of a vacancy in the position of Inspector
General--
``(A) section 3345(a) of title 5, United States Code, shall
not apply;
``(B) the first assistant to the position of Inspector
General who served in that position for not less than 30 days
immediately preceding the vacancy shall perform the functions
and duties of the Inspector General temporarily in an acting
capacity subject to the time limitations of section 3346 of
title 5, United States Code;
``(C) if there is no first assistant to the position of
Inspector General serving in that position for not less than 30
days immediately preceding the vacancy, the President may
direct a covered employee of the Office or another Office to
perform the functions and duties of the Inspector General
temporarily in an acting capacity, subject to the time
limitations of section 3346 of title 5, United States Code; and
``(D) the President may only remove the first assistant
described in subparagraph (B) or the covered employee directed
under subparagraph (C) after a 30-day period beginning on the
date on which the President provides Congress with a written
notification of the reasons for the removal.
``(2) If an Inspector General is removed from office, the following
individuals may bring an action in the appropriate district court of
the United States to challenge the removal:
``(A) The removed Inspector General.
``(B) Any member of the staff of the removed Inspector
General.
``(C) Any individual harmed by an action of the
establishment following the removal of the Inspector General
and before the position is filled by an individual appointed by
the President, with the advice and consent of the Senate.
``(3) Nothing in paragraph (1)(D) shall be construed to affect any
protection provided to a covered employee under title 5, United States
Code.
``(4) In this subsection, the term `covered employee' means an
officer or employee who, as of the date on which the individual is
directed under paragraph (1)(C), is an employee, as that term is
defined in section 2105 of title 5, United States Code, who--
``(A) is permitted to submit an appeal to the Merit Systems
Protection Board from any action which is appealable to the
Board under any law, rule, or regulation; and
``(B) may obtain judicial review of the final order or
decision of the Board if the employee is adversely affected or
aggrieved by that order or decision.''; and
(B) in section 8G, by adding at the end the
following:
``(i)(1) In the event of a vacancy in the position of Inspector
General--
``(A) the first assistant to the position of Inspector
General who served in that position for not less than 30 days
immediately preceding the vacancy shall perform the functions
and duties of the Inspector General temporarily in an acting
capacity until the head of the designated Federal entity
appoints a permanent Inspector General;
``(B) if there is no first assistant to the position of
Inspector General serving in that position for not less than 30
days immediately preceding the vacancy, the head of the
designated Federal entity shall direct a covered employee of
the Office of Inspector General or another Office of Inspector
General to perform the functions and duties of the Inspector
General temporarily in an acting capacity, until the head of
the designated Federal entity appoints a permanent Inspector
General; and
``(C) the head of the designated Federal entity may only
remove the first assistant described in subparagraph (A) or the
covered employee directed under subparagraph (B) after a 30-day
period beginning on the date on which the head of the
designated Federal entity provides Congress with a written
notification of the reasons for the removal.
``(2) If an Inspector General is removed from office, the following
individuals may bring an action in the appropriate district court of
the United States to challenge the removal:
``(A) The removed Inspector General.
``(B) Any member of the staff of the removed Inspector
General.
``(C) Any individual harmed by an action of the designated
Federal entity following the removal of the Inspector General
and before the position is filled by an individual appointed by
the head of the designated Federal entity.
``(3) Nothing in paragraph (1)(C) shall be construed to affect any
protection provided to a covered employee under title 5, United States
Code.
``(4) In this subsection, the term `covered employee' means an
officer or employee who, as of the date on which the individual is
directed under paragraph (1)(B), is an employee, as that term is
defined in section 2105 of title 5, United States Code, who--
``(A) is permitted to submit an appeal to the Merit Systems
Protection Board from any action which is appealable to the
Board under any law, rule, or regulation; and
``(B) may obtain judicial review of the final order or
decision of the Board if the employee is adversely affected or
aggrieved by that order or decision.''.
(2) Inspector general of the intelligence community.--
Section 103H(c) of the National Security Act of 1947 (50 U.S.C.
3033(c)) is amended by adding at the end the following:
``(5) In the event of a vacancy in the position of
Inspector General of the Intelligence Community, the provisions
of section 3(h) of the Inspector General Act of 1978 (5 U.S.C.
App.) shall apply as if the Inspector General were an Inspector
General of an establishment (as defined in section 12 of such
Act (5 U.S.C. App.)).''.
(3) Inspector general of the central intelligence agency.--
Section 17(b) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(b)) is amended by adding at the end the
following:
``(7) In the event of a vacancy in the position of
Inspector General of the Agency, the provisions of section 3(h)
of the Inspector General Act of 1978 (5 U.S.C. App.) shall
apply as if the Inspector General were an Inspector General of
an establishment (as defined in section 12 of such Act (5
U.S.C. App.)).''.
(4) Inspector general of the government accountability
office.--Section 705(b) of title 31, United States Code, is
amended--
(A) in the subsection heading, by inserting ``;
Vacancy; Term'' after ``Removal''; and
(B) by adding at the end the following:
``(4) In the event of a vacancy in the position of
Inspector General, the provisions of section 3(h) of the
Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if
the Inspector General were an Inspector General of an
establishment (as defined in section 12 of such Act (5 U.S.C.
App.)).''.
(5) Inspector general for the united states capitol
police.--Section 1004(b) of the Legislative Branch
Appropriations Act, 2006 (2 U.S.C. 1909(b)) is amended by
adding at the end the following:
``(6) Vacancy.--In the event of a vacancy in the position
of Inspector General, the provisions of section 3(h) of the
Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if
the Inspector General were an Inspector General of an
establishment (as defined in section 12 of such Act (5 U.S.C.
App.)).''.
(6) Inspector general of the architect of the capitol.--
Section 1301(c) of the Architect of the Capitol Inspector
General Act of 2007 (2 U.S.C. 1808(c)) is amended--
(A) in the subsection heading, by inserting ``;
Vacancy; Term'' after ``Counsel''; and
(B) by adding at the end the following:
``(6) Vacancy.--In the event of a vacancy in the position
of Inspector General, the provisions of section 3(h) of the
Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if
the Inspector General were an Inspector General of an
establishment (as defined in section 12 of such Act (5 U.S.C.
App.)).''.
(7) Inspector general of the library of congress.--Section
1307(c) of the Library of Congress Inspector General Act of
2005 (2 U.S.C. 185(c)) is amended--
(A) in the subsection heading, by inserting ``;
Vacancy; Term'' after ``Counsel''; and
(B) by adding at the end the following:
``(6) Vacancy.--In the event of a vacancy in the position
of Inspector General, the provisions of section 3(h) of the
Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if
the Inspector General were an Inspector General of an
establishment (as defined in section 12 of such Act (5 U.S.C.
App.)).''.
(8) Inspector general of the government publishing
office.--Section 3902 of title 44, United States Code, is
amended by adding at the end the following:
``(f) In the event of a vacancy in the position of Inspector
General, the provisions of section 3(h) of the Inspector General Act of
1978 (5 U.S.C. App.) shall apply as if the Inspector General were an
Inspector General of an establishment (as defined in section 12 of such
Act (5 U.S.C. App.)).''.
(9) Special inspector general for afghanistan
reconstruction.--Section 1229(c) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 379) is amended--
(A) in the subsection heading, by inserting
``Vacancy; Term'' after ``Removal''; and
(B) by adding at the end the following:
``(7) Vacancy.--In the event of a vacancy in the position
of Inspector General, the provisions of section 3(h) of the
Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if
the Inspector General were an Inspector General of an
establishment (as defined in section 12 of such Act (5 U.S.C.
App.)).''.
(10) Special inspector general for the troubled asset
relief plan.--Section 121(b) of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5231(b)) is amended by
adding at the end the following:
``(7) In the event of a vacancy in the position of Special
Inspector General, the provisions of section 3(h) of the
Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if
the Special Inspector General were an Inspector General of an
establishment (as defined in section 12 of such Act (5 U.S.C.
App.)).''.
(d) Temporary Inspector General.--Section 3345 of title 5, United
States Code, is amended by adding at the end the following:
``(d) Notwithstanding subsection (a), if the President fails to
submit a nominee to the Senate for an Inspector General of an office
established under section 2 of the Inspector General Act of 1978 (5
U.S.C. App.) within 210 days after a vacancy occurs in the position, a
temporary Inspector General shall be appointed to the vacant position
by a panel of not fewer than 3 inspectors general, who shall be
appointed by the Chair of the Council of the Inspectors General on
Integrity and Efficiency for the purpose of making such an appointment.
``(e) When appointing a temporary Inspector General pursuant to
subsection (d), the panel shall select the appointee from the list of
suggested individuals submitted by the Council of the Inspectors
General on Integrity and Efficiency pursuant to section 11(c)(1)(F) of
the Inspector General Act of 1978 (5 U.S.C. App.).
``(f) A temporary Inspector General appointed in accordance with
subsection (d)--
``(1) is not subject to the term limitations of section
3346; and
``(2) may serve as Temporary Inspector General--
``(A) until such time that a permanent Inspector
General is confirmed by the Senate; or
``(B) until the temporary Inspector General is
removed from office by the President, who may only
remove the temporary Inspector General if the
President, not later than 30 days before the removal,
communicates in writing the reasons for the removal to
both Houses of Congress.''.
(e) Change in Status.--
(1) Change in status of inspectors general of
establishments.--Section 3(b) of the Inspector General Act of
1978 (5 U.S.C. App.) is amended, in the second sentence--
(A) by inserting ``, is placed on paid or unpaid
non-duty status,'' after ``is removed from office'';
(B) by inserting ``, change in status,'' after
``any such removal''; and
(C) by inserting ``, change in status,'' after
``before the removal''.
(2) Change in status of inspectors general of designated
federal entities.--Section 8G(e)(2) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended, in the first sentence--
(A) by inserting ``, is placed on paid or unpaid
non-duty status,'' after ``office'';
(B) by inserting ``, change in status,'' after
``any such removal''; and
(C) by inserting ``, change in status,'' after
``before the removal''.
(f) Term of Office.--
(1) Inspectors general of establishments and designated
federal entities.--The Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(A) in section 3, as amended by this section, by
adding at the end the following:
``(i) The term of office of each Inspector
General shall be 7 years. An individual may
serve for more than 1 term in such office, if
the individual is appointed by the President,
by and with the advice and consent of the
Senate, for each such term. Any individual
appointed and confirmed to fill a vacancy in
such position, occurring before the expiration
of the term for which his or her predecessor
was appointed, shall be appointed and confirmed
for a full 7-year term.''; and
(B) in section 8G(c)--
(i) by inserting ``(1)'' after ``(c)''; and
(ii) by adding at the end the following:
``(2) The term of office of each Inspector General shall be
7 years. An individual may serve for more than 1 term in such
office. Any individual appointed to fill a vacancy in such
position, occurring before the expiration of the term for which
his or her predecessor was appointed, shall be appointed for a
full 7-year term.''.
(2) Inspector general of the intelligence community.--
Section 103H(c) of the National Security Act of 1947 (50 U.S.C.
3033(c)), as amended by this section, is amended by adding at
the end the following:
``(6) The term of office of the Inspector General shall be
7 years. An individual may serve for more than 1 term in such
office. Any individual appointed to fill a vacancy in such
position, occurring before the expiration of the term for which
his or her predecessor was appointed, shall be appointed for a
full 7-year term.''.
(3) Inspector general of the central intelligence agency.--
Section 17(b) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(b)), as amended by this section, is amended by
adding at the end the following:
``(8) The term of office of the Inspector General shall be
7 years. An individual may serve for more than 1 term in such
office. Any individual appointed to fill a vacancy in such
position, occurring before the expiration of the term for which
his or her predecessor was appointed, shall be appointed for a
full 7-year term.''.
(4) Inspector general of the government accountability
office.--Section 705(b) of title 31, United States Code, as
amended by this section, is amended by adding at the end the
following:
``(5) The term of office of the Inspector General shall be
7 years. An individual may serve for more than 1 term in such
office. Any individual appointed to fill a vacancy in such
position, occurring before the expiration of the term for which
his or her predecessor was appointed, shall be appointed for a
full 7-year term.''.
(5) Inspector general for the united states capitol
police.--Section 1004(b) of the Legislative Branch
Appropriations Act, 2006 (2 U.S.C. 1909(b)), as amended by this
section, is amended by adding at the end the following:
``(7) Term.--The term of office of the Inspector General
shall be 7 years. An individual may serve for more than 1 term
in such office. Any individual appointed to fill a vacancy in
such position, occurring before the expiration of the term for
which his or her predecessor was appointed, shall be appointed
for a full 7-year term.''.
(6) Inspector general of the architect of the capitol.--
Section 1301(c) of the Architect of the Capitol Inspector
General Act of 2007 (2 U.S.C. 1808(c)), as amended by this
section, is amended by adding at the end the following:
``(7) Term.--In the event of a vacancy in the position of
Inspector General, the provisions of section 3(h) of the
Inspector General Act of 1978 (5 U.S.C. App.) shall apply as if
the Inspector General were an Inspector General of an
establishment (as defined in section 12 of such Act (5 U.S.C.
App.)).''.
(7) Inspector general of the library of congress.--Section
1307(c) of the Library of Congress Inspector General Act of
2005 (2 U.S.C. 185(c)), as amended by this section, is amended
by adding at the end the following:
``(7) Term.--The term of office of the Inspector General
shall be 7 years. An individual may serve for more than 1 term
in such office. Any individual appointed to fill a vacancy in
such position, occurring before the expiration of the term for
which his or her predecessor was appointed, shall be appointed
for a full 7-year term.''.
(8) Inspector general of the government publishing
office.--Section 3902 of title 44, United States Code, as
amended by this section, is amended by adding at the end the
following:
``(g) The term of office of the Inspector General shall be 7 years.
An individual may serve for more than 1 term in such office. Any
individual appointed to fill a vacancy in such position, occurring
before the expiration of the term for which his or her predecessor was
appointed, shall be appointed for a full 7-year term.''.
(9) Special inspector general for afghanistan
reconstruction.--Section 1229(c) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 379), as amended by this section, is amended by adding at
the end the following:
``(8) Term.--The term of office of the Inspector General
shall be 7 years. An individual may serve for more than 1 term
in such office. Any individual appointed to fill a vacancy in
such position, occurring before the expiration of the term for
which his or her predecessor was appointed, shall be appointed
for a full 7-year term.''.
(10) Special inspector general for the troubled asset
relief plan.--Section 121(b) of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5231(b)), as amended by
this section, is amended by adding at the end the following:
``(9) The term of office of the Special Inspector General
shall be 7 years. An individual may serve for more than 1 term
in such office. Any individual appointed to fill a vacancy in
such position, occurring before the expiration of the term for
which his or her predecessor was appointed, shall be appointed
for a full 7-year term.''.
(11) Application.--
(A) In general.--The amendments made by this
subsection shall apply to an Inspector General of the
Intelligence Community, an Inspector General of the
Central Intelligence Agency, an Inspector General of
the Government Accountability Office, an Inspector
General for the United States Capitol Police, an
Inspector General of the Architect of the Capitol, an
Inspector General of the Library of Congress, an
Inspector General of the Government Publishing Office,
a Special Inspector General for Afghanistan
Reconstruction, a Special Inspector General for the
Troubled Asset Relief Plan, and an Inspector General of
an establishment or a designated Federal entity, as
defined in sections 12 and 8G(a) of the Inspector
General Act of 1978 (5 U.S.C. App.), respectively,
appointed before, on, or after the date of enactment of
this Act.
(B) Term.--The term of office of an Inspector
General described in subparagraph (A) serving on the
date of enactment of this Act is deemed to begin on
such date of enactment.
(g) Rule of Construction.--Nothing in this section shall be
construed to supersede or otherwise affect any protection for an
Inspector General against an adverse job action that is in existence as
of the date of enactment of this Act.
SEC. 9. STRENGTHENING THE CONGRESSIONAL OVERSIGHT COMMISSION.
Section 4020 of the CARES Act is amended--
(1) in subsection (b)(1)(A), by striking ``this subtitle by
the Department of the Treasury and the Board of Governors of
the Federal Reserve System, including efforts of the Department
and the Board to provide economic stability as a result of the
coronavirus disease 2019 (COVID-19) pandemic of 2020'' and
inserting ``each Coronavirus pandemic-related program, project,
or activity, as defined in section 2 of the Coronavirus
Oversight and Recovery Ethics Act''; and
(2) in subsection (e), by striking paragraph (1) and
inserting the following:
``(1) Hearings and evidence.--
``(A) In general.--The Oversight Commission, or any
subcommittee or member thereof, may, for the purpose of
carrying out this section hold hearings, sit and act at
times and places, take testimony, and receive evidence
as the Oversight Commission considers appropriate and
may administer oaths or affirmations to witnesses
appearing before it.
``(B) Subpoenas.--
``(i) In general.--In holding hearings and
receiving evidence under this paragraph, the
Commission may issue subpoenas to compel the
attendance of and testimony by witnesses and
the production any book, check, canceled check,
correspondence, communication, document, email,
papers, physical evidence, record, recording,
tape, or other material (including electronic
records) relating to any matter or question the
Commission is authorized to oversee.
``(ii) Enforcement.--In the case of
contumacy or failure to obey a subpoena issued
under clause (i), the United States district
court for the judicial district in which the
subpoenaed person resides, is served, or may be
found, or where the subpoena is returnable, may
issue an order requiring such person to appear
at any designated place to testify or to
produce documentary or other evidence. Any
failure to obey the order of the court may be
punished by the court as a contempt of that
court.''.
SEC. 10. CONSULTATION WITH PANDEMIC RESPONSE ACCOUNTABILITY COMMITTEE
AND SPECIAL INSPECTOR GENERAL.
Section 15010 of the CARES Act (Public Law 116-136) is amended by
adding at the end the following:
``(l)(1) Not less frequently than once per week, the Secretary
shall--
``(A) confer with the Chairman of the Committee, the
Executive Director of the Committee, and the Special Inspector
General for Pandemic Recovery; and
``(B) submit to the appropriate congressional committees a
list of each request for assistance or information that was
unreasonably withheld or not provided to the Committee or the
Special Inspector General for Pandemic Recovery, as determined
by the Chairman of the Committee and the Executive Director of
the Committee or the Special Inspector General for Pandemic
Recovery, as applicable.
``(2) The Secretary and the Chairman of the Committee and the
Executive Director of the Committee or the Special Inspector General
for Pandemic Recovery, as applicable, shall include with the list
described in paragraph (1)(B) a written certification, under penalty of
perjury, that the list is true and correct.
``(3) None of the funds made available under this Act or any other
Act may be used to pay the salary of the Secretary or any political
appointee of the Department of the Treasury if the Secretary does not
submit the list described in paragraph (1)(B).
``(4) If any provision of this section is held to be
unconstitutional or if the Secretary does not comply with this section,
the provisions of this Act giving the Secretary discretion to provide
assistance shall be deemed void and unenforceable.''.
SEC. 11. PROTECTING WHISTLEBLOWERS.
(a) Prohibition of Reprisals.--
(1) In general.--An employee of, former employee of, or
individual seeking employment with any non-Federal employer or
Federal personal services contractor receiving covered funds
may not be discharged, demoted, blacklisted, prejudiced by any
action or lack of action, or otherwise discriminated against in
any way (including in the hiring process and including by the
threat of any such action or inaction) for disclosing, being
perceived as disclosing, or preparing to disclose (including a
disclosure made in the ordinary course of an employee's duties)
to an officer or entity described in paragraph (2) information
that the employee, former employee, or individual seeking
employment reasonably believes would require the employee to
violate this Act, or that the employee, former employee, or
individual seeking employment reasonably believes is evidence
of misconduct that violates, obstructs, or undermines any
statutes, rules, or regulations with respect to any Coronavirus
pandemic-related program, project, or activity, including--
(A) gross mismanagement of an agency contract,
subcontract, grant, or subgrant relating to covered
funds;
(B) a gross waste of covered funds;
(C) a substantial and specific danger to public
health or safety;
(D) an abuse of authority related to the
distribution, implementation, or use of covered funds,
including conflict of interest or partiality; and
(E) a violation of any statute, rule, or regulation
related to an agency contract, subcontract (including
the competition for or negotiation of a contract or
subcontract), grant, or subgrant, awarded, or issued
relating to covered funds.
(2) Officers and entities.--The officers and entities
described in this paragraph are--
(A) the Pandemic Response Accountability Committee;
(B) an inspector general, including the Special
Inspector General for Pandemic Relief;
(C) the Congressional Oversight Commission;
(D) the Comptroller General of the United States;
(E) a Member of Congress;
(F) a congressional committee;
(G) a State or Federal regulatory or law
enforcement agency;
(H) an individual with supervisory authority over
the employee (or such other person working for the non-
Federal employer who has the authority to investigate,
discover, or terminate misconduct);
(I) a court or grand jury;
(J) an officer or representative of a labor
organization; or
(K) the head of a Federal agency or a designee of
such a head.
(3) Application.--
(A) In general.--For the purposes of paragraph
(1)--
(i) an employee, former employee, or
individual seeking employment who initiates or
provides evidence of misconduct by a
contractor, subcontractor, grantee, or
subgrantee in any judicial or administrative
proceeding relating to waste, fraud, or abuse
in connection with a Federal contract or grant
shall be deemed to have made a disclosure
covered by such paragraph; and
(ii) any discharge, demotion,
discrimination, or other reprisal described in
paragraph (1) is prohibited even if it is
undertaken at the request of an executive
branch officer or employee, unless the request
takes the form of a non-discretionary directive
and is within the authority of the executive
branch official making the request.
(B) Protection of whistleblower identity.--
(i) In general.--Except as required by law,
an officer or entity described in paragraph (2)
that receives information under paragraph (1)
and any individual or entity to which the
officer or entity discloses the information may
not disclose the identity or identifying
information of the individual providing the
information without explicit written consent of
the individual.
(ii) Notice.--If disclosure of the identity
or identifying information of an individual
providing information under paragraph (1) is
required by law, the recipient shall provide
timely notice of the disclosure to the
individual.
(b) Investigation of Complaints.--
(1) Complaints.--
(A) In general.--An individual who believes that
the individual has been subjected to a reprisal
prohibited under subsection (a) may, within 3 years
after learning of the alleged reprisal, submit a
complaint regarding the reprisal to the Secretary of
Labor in accordance with the rules and procedures under
subsection (c)(1).
(B) Response.--Not later than 60 days after the
submission of a complaint under subparagraph (A), the
applicable non-Federal employer shall submit an answer
to the complaint to the Secretary of Labor.
(C) Investigation.--Except as provided under
paragraph (3), and unless the Secretary of Labor
determines that a complaint submitted under
subparagraph (A) is frivolous, does not relate to
covered funds, or another Federal or State judicial or
administrative proceeding has previously been invoked
to resolve such complaint, the Secretary of Labor shall
investigate the complaint and, upon completion of such
investigation, submit a report to the individual
submitting the complaint, the applicable non-Federal
employer, the head of the appropriate agency, Congress,
the Congressional Oversight Committee, the Special
Inspector General for Pandemic Relief (as appropriate),
any appropriate inspector general, and the Pandemic
Response Accountability Committee detailing the
findings of the investigation.
(D) Occupational safety and health
administration.--The Secretary of Labor shall ensure
that investigations of complaints under this subsection
are carried out by the Assistant Secretary for
Occupational Safety and Health, which may be through a
whistleblower protection program or office of the
Occupational Safety and Health Administration.
(2) Time limitations for actions.--
(A) In general.--Except as provided under
subparagraph (B), not later than 180 days after
receiving a complaint under paragraph (1), the
Secretary of Labor shall--
(i) make a determination that the complaint
is frivolous, does not relate to covered funds,
or another Federal or State judicial or
administrative proceeding previously has been
invoked to resolve such complaint; or
(ii) submit a report described in paragraph
(1)(C).
(B) Extensions.--
(i) Voluntary extension agreed to between
the secretary of labor and complainant.--If the
Secretary of Labor is unable to complete an
investigation under this subsection in time to
submit a report within the 180-day period
specified under subparagraph (A) and the
individual submitting the complaint agrees to
an extension of time, the Secretary of Labor
shall submit a report described in paragraph
(1)(C) within such additional period of time as
shall be agreed upon between the Secretary of
Labor and the individual submitting the
complaint.
(ii) Extension granted by the secretary of
labor.--If the Secretary of Labor is unable to
complete an investigation under this subsection
in time to submit a report within the 180-day
period specified under subparagraph (A), the
Secretary of Labor may extend the period for
not more than an additional 180 days without
the individual submitting the complaint
agreeing to such extension, if the Secretary of
Labor provides to the individual and the non-
Federal employer, if the employer is a
defendant in the individual's complaint a
written explanation for the decision, from
which the Secretary of Labor may exclude
information in accordance with paragraph
(4)(C).
(3) Discretion not to investigate complaints.--
(A) In general.--The Secretary of Labor may decide
not to conduct or continue an investigation under this
subsection upon providing to the individual submitting
the complaint and the non-Federal employer, if
applicable, a written explanation for such decision,
from which the Secretary of Labor may exclude
information in accordance with paragraph (4)(C).
(B) Assumption of rights to civil remedy.--Upon
receipt of an explanation of a decision not to conduct
or continue an investigation under subparagraph (A),
the individual submitting the complaint shall be deemed
to have exhausted all administrative remedies with
respect to the complaint for purposes of subsection
(c), without regard to the 210-day period specified
under paragraph (4) of such subsection, and immediately
assume the right to a civil remedy under subsection
(c)(4).
(4) Access to investigative file of the secretary of
labor.--
(A) In general.--An individual alleging a reprisal
under this section shall have access to the
investigation file of the Secretary of Labor in
accordance with section 552a of title 5, United States
Code (commonly referred to as the ``Privacy Act''). The
investigation of the Secretary of Labor shall be deemed
closed for purposes of disclosure under such section
when an individual files an appeal to an agency head or
a court of competent jurisdiction.
(B) Civil action.--In the event an individual
alleging the reprisal under this section brings a civil
action under subsection (c)(4), the individual and the
non-Federal employer, if applicable, shall have access
to the investigative file of the Secretary of Labor in
accordance with the section 552a of title 5, United
States Code.
(C) Exception.--The Secretary of Labor may exclude
from disclosure--
(i) information protected from disclosure
by a provision of law; and
(ii) any additional information the
Secretary of Labor determines disclosure of
which would impede a continuing investigation,
if such information is disclosed once such
disclosure would no longer impede such
investigation, unless the Secretary of Labor
determines that disclosure of law enforcement
techniques, procedures, or information could
reasonably be expected to risk circumvention of
the law or disclose the identity of a
confidential source.
(5) Privacy of information.--The Secretary of Labor
investigating an alleged reprisal under this section may not
respond to any inquiry or disclose any information from or
about any individual alleging such reprisal, except in
accordance with the provisions of section 552a of title 5,
United States Code, or as required by any other applicable
Federal law.
(6) Semiannual report.--Not later than 180 days after the
date of enactment of this Act, and every 6 months thereafter
for 5 years, the Secretary of Labor shall submit a report to
Congress, which shall include--
(A) a list of any investigations for which the
period was extended under clause (i) or (ii) of
paragraph (2)(B); and
(B) a list of any investigations the Secretary of
Labor decided not to conduct or continue, pursuant to
paragraph (3).
(c) Remedy and Enforcement Authority.--
(1) Rules and procedures.--Except to the extent provided
otherwise in this section, the Secretary of Labor shall
establish rules and procedures for administrative
investigations, administrative hearings, appeals, and relief
under this section that, to the maximum extent practicable, are
similar to the rules and procedures set forth in section
7623(d) of the Internal Revenue Code of 1986 that apply to
persons alleging a discharge or other reprisal under paragraph
(1) of such section.
(2) Burden of proof.--The Secretary of Labor, head of an
agency, or officer presiding in a judicial or administrative
proceeding shall apply the legal burdens of proof specified in
section 1221(e) of title 5, in determining whether a reprisal
prohibited under this section has occurred in accordance with
the rules and procedures under paragraph (1).
(3) Agency action.--
(A) In general.--Not later than 30 days after
receiving a report of the Secretary of Labor under
subsection (b), the head of the applicable agency
shall--
(i) determine whether there is sufficient
basis to conclude that the non-Federal employer
has subjected the complainant to a reprisal
prohibited by subsection (a); and
(ii)(I) issue an order denying relief in
whole or in part; or
(II) take 1 or more of the actions
described in subparagraph (B).
(B) Actions.--The actions described in this
subparagraph are the following:
(i) Order the non-Federal employer to take
affirmative action to abate the reprisal.
(ii) Order the non-Federal employer to
reinstate the individual to the position that
the individual held before the reprisal,
together with the compensation (including
double back pay), compensatory damages,
employment benefits, and other terms and
conditions of employment that would apply to
the individual in that position if the reprisal
had not been taken.
(iii) Order the non-Federal employer to pay
the individual an amount equal to the aggregate
amount of all costs and expenses (including
attorney's fees and expert witness's fees) that
were reasonably incurred by the individual for,
or in connection with, bringing the complaint
regarding the reprisal, as determined by the
head of the agency or a court of competent
jurisdiction.
(iv) Order the non-Federal employer to pay
a monetary fine to the agency in an amount
determined by the head of the agency or a court
of competent jurisdiction.
(v) Provide a report to Congress, including
findings of fact and conclusions of law
relevant to the decision, if the head of the
agency concerned does not accept or does not
implement the recommendations of the Secretary
of Labor report.
(4) Civil action.--
(A) Exhaustion.--An individual submitting a
complaint under subsection (b) shall be deemed to have
exhausted all administrative remedies with respect to
the complaint if--
(i)(I) the head of the applicable agency--
(aa) issues an order denying relief
in whole or in part under paragraph
(3); or
(bb) has not issued an order--
(AA) within 210 days after
the submission of a complaint
under subsection (b); or
(BB) in the case of an
extension of time under clause
(i) or (ii) of subsection
(b)(2)(B), within 30 days after
the expiration of the extension
of time; or
(II) the Secretary of Labor decides under
subsection (b)(3) not to investigate or to
discontinue an investigation; and
(ii) there is no showing that such delay or
decision is due to the bad faith of the
individual.
(B) Filing.--An individual who has exhausted all
administrative remedies with respect to a complaint
submitted under subsection (b) may bring a de novo
action at law or equity against the non-Federal
employer to seek compensatory damages and other relief
available under this section in the appropriate
district court of the United States, which shall have
jurisdiction over such an action without regard to the
amount in controversy.
(C) Jury trial.--An action brought under
subparagraph (B) shall, at the request of either party
to the action, be tried by the court with a jury.
(5) Judicial enforcement of order.--If any person fails to
comply with an order issued under paragraph (3), the head of
the agency shall file an action for enforcement of such order
in the United States district court for a district in which the
reprisal was found to have occurred. In any action brought
under this paragraph, the court may grant appropriate relief,
including injunctive relief, compensatory and exemplary
damages, and attorney's fees and costs.
(6) Judicial review.--Any person adversely affected or
aggrieved by an order issued under paragraph (3) may obtain
review of whether the order is in accordance with this
subsection, and any regulations issued to carry out this
section, in the United States court of appeals for a circuit in
which the reprisal is alleged in the order to have occurred. No
petition seeking such review may be filed more than 60 days
after issuance of the order by the head of the agency. Review
under this paragraph shall be in accordance with chapter 7 of
title 5, United States Code.
(7) Rights retained by employee.--Nothing in this section
shall diminish the rights, privileges, or remedies of any
employee, former employee, or individual seeking employment
under any Federal or State law, or under any collective
bargaining agreement.
(8) Liability.--Notwithstanding any other provision of law,
an individual shall be immune from civil and criminal liability
with respect to a disclosure by the individual if the
individual would be protected from reprisal under subsection
(a) for making the disclosure. The individual shall bear the
burden of proving that the individual would be protected from
reprisal under subsection (a) for making the disclosure.
(d) Nonenforceability of Certain Provisions Waiving Rights and
Remedies or Requiring Arbitration of Disputes.--
(1) Waiver of rights and remedies.--Except as provided
under paragraph (3), the rights 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.
(2) Predispute arbitration agreements.--Except as provided
under paragraph (3), no predispute arbitration agreement shall
be valid or enforceable if it requires arbitration of a dispute
arising under this section.
(3) Exception for collective bargaining agreements.--
Notwithstanding paragraphs (1) and (2), an arbitration
provision in a collective bargaining agreement shall be
enforceable as to disputes arising under the collective
bargaining agreement.
(e) Requirement To Post Notice of Rights and Remedies.--Any non-
Federal employer receiving covered funds shall post notice of the
rights and remedies provided under this section.
(f) Rules of Construction.--
(1) No implied authority to retaliate for non-protected
disclosures.--Nothing in this section may be construed to
authorize the discharge of, demotion of, or discrimination or
other reprisal against an employee, a former employee, or an
individual seeking employment for a disclosure other than a
disclosure protected by subsection (a) or to modify or derogate
from a right or remedy otherwise available to the employee,
former employee, or individual seeking employment.
(2) Relationship to state laws.--Nothing in this section
may be construed to preempt, preclude, or limit the protections
provided for public or private employees under State
whistleblower laws.
(g) Complaint Portal.--The Special Inspector General for Pandemic
Relief, the Pandemic Relief Accountability Committee, and the
Congressional Oversight Commission shall each establish a public
website where any individual who believes that the individual has been
subjected to a reprisal prohibited under subsection (a) may submit a
complaint regarding the reprisal. Such complaints shall be transmitted
to the Secretary of Labor for enforcement in accordance with this
section.
(h) Funding.--There is appropriated to the Secretary of Labor for
the fiscal year ending September 30, 2020, out of any money in the
Treasury not otherwise appropriated, $20,000,000 to carry out this
section, to remain available until expended.
SEC. 12. STRENGTHENING TRANSPARENCY AND DISCLOSURE AROUND BAILOUT
FUNDS.
(a) Reporting Requirements for Recipients of Assistance.--Section
4003 of division A of the CARES Act (Public Law 116-136) is amended by
adding at the end the following:
``(i) Reporting Requirements.--
``(1) In general.--Each recipient of assistance, including
a loan, loan guarantee, or other investment made by the
Secretary under paragraph (1), (2), or (3) of subsection (b) or
as part of a program or facility under paragraph (4) of
subsection (b), shall, not later than 7 days after receipt of
the assistance, submit to the Secretary--
``(A) all documents related to the acceptance of
the assistance;
``(B) a written description of how the recipient
intends to use the assistance;
``(C) compensation and workforce data of the
recipient, including the mean, median, and minimum
wages of all non-executive employees;
``(D) the number of employees of the recipient
before and after receipt of the assistance;
``(E) the salaries of executives of the recipient,
including bonuses and capital distributions;
``(F) whether the recipient has been charged with
violations of Federal law and, if so, the nature of
each alleged violation;
``(G) with respect to a recipient of assistance
from a program or facility of the Federal Reserve that
purchases corporate bonds--
``(i) the applicable Committee on Uniform
Securities Identification Procedures (CUSIP)
number;
``(ii) the bond rating and the identity of
the agency providing that bond rating; and
``(iii) the identities of any syndicated
loan participants; and
``(H) with respect to a recipient of assistance
from a program or facility of the Federal Reserve that
purchases asset-backed securities--
``(i) the loan data, including the amount
of collateral for the securitization;
``(ii) the credit ratings and the identity
of the agency providing that credit rating; and
``(iii) the identities of the
securitization issuers and arrangers and the
fees the issuers and arrangers received.
``(2) Publication.--Not later than 7 days after the date on
which the Secretary receives the information described in
subparagraphs (A) and (B) of paragraph (1), the Secretary shall
publish that information on the website of the Federal
Reserve.''.
(b) Transparency for Paycheck Protection Loans.--Section 7(a)(36)
of the Small Business Act (15 U.S.C. 636(a)(36)) is amended by adding
at the end the following:
``(T) Weekly publication of loan data.--
``(i) In general.--The Administrator shall,
on a weekly basis, publish on the website of
the Administration in an accessible and easily
downloadable format data for loans approved
under this paragraph, including--
``(I) the name of each lender;
``(II) the amount of each loan;
``(III) the amount each lender was
paid in fees;
``(IV) the amount of any agent
fees;
``(V) the types of lenders,
including whether the lender was a
community development financial
institution or a minority depository
institution, as defined in section 308
of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989
(12 U.S.C. 1463 note);
``(VI) the North American Industry
Classification System Code for each
industry in which a borrower operates;
``(VII) the number of individuals
employed by each borrower;
``(VIII) the zip code of each
borrower; and
``(IX) the demographic information
of each borrower, including veteran
status, gender, race, and ethnicity.
``(ii) Reporting by borrower.--For purposes
of publishing the information under clause (i),
the Administrator shall, at the time at which
the borrower applies for loan forgiveness under
section 1106 of the CARES Act (Public Law 116-
136), request that the borrower provide to the
Administrator any information described in that
clause that was not otherwise provided by the
borrower at the time of the initial application
for the covered loan.''.
(c) Publication of Pandemic Response Accountability Committee
Reports.--Section 15010(d)(2)(C)(i) of division B of the CARES Act
(Public Law 116-136) is amended by inserting ``not later than 7 days
after the date on which the report is submitted'' before the period at
the end.
(d) Publication of Major Contracts of the Pandemic Response
Accountability Committee.--Section 15010(g)(3)(A) of division B of the
CARES Act (Public Law 116-136) is amended--
(1) by redesignating clause (xiii) as clause (xiv); and
(2) by inserting after clause (xii) the end the following:
``(xiii) Notwithstanding paragraph (4), the
website shall include a machine- readable and
searchable copy of each contract with a value
greater than $150,000 that is awarded under
this Act or under any other Act related to the
Coronavirus response and that is entered into
by an agency after the date of enactment of
this clause. The copy of a contract described
in the preceding sentence shall be posted not
later than 30 days after the date on which the
agency enters into the contract. The contractor
providing property or services under a contract
posted under this clause may request to redact
from such contract any national security,
sensitive, or classified information. An agency
may not redact from a contract posted under
this clause any information that would be
required to be made available to the public
under section 552 of title 5, United States
Code (commonly known as the `Freedom of
Information Act').''.
SEC. 13. STRENGTHENING ENFORCEMENT.
Section 4003 of the CARES Act is amended by adding at the end the
following:
``(i) Enforcement.--
``(1) Private right of action.--
``(A) In general.--Any person harmed by a violation
of the terms and conditions of subsection (c) of an
eligible business may bring an action in an appropriate
district court of the United States.
``(B) Award of portion of fine.--The court may
award a plaintiff who prevails in an action under
subparagraph (A) a portion of any fine imposed on an
eligible business for a violation of the terms and
conditions of subsection (c).
``(2) Disgorgement.--The Secretary or the Special Inspector
General for Pandemic Recovery shall require disgorgement from
any senior executive of an eligible business that receives a
loan, loan guarantee, or other investment authorized under this
section that violates the terms and conditions established
under subsection (c).''.
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