Sec. 2. Definitions
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In this Act— 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; the term CARES Act means the CARES Act ( Public Law 116–136 ); the term Coronavirus pandemic-related program, project, or activity — 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 includes any program, project, or activity of the executive branch of the Federal Government authorized under or carried out using amounts made available under— the Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 ), or an amendment made by that Act; the CARES Act, or an amendment made by that Act; the Families First Coronavirus Response Act ( Public Law 116–127 ), or an amendment made by that Act; or the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ( Public Law 116–123 ), or an amendment made by that Act; the term covered contract means a contract that— has a value of more than $150,000; and relates to the administration or execution of authorities under a Coronavirus pandemic-related program, project, or activity; the term covered contractor means a private sector contractor (at any tier) or advisor providing goods, property, or services under a covered contract; the term covered funds means any contract, subcontract, grant, subgrant, loan, loan guarantee, or other payment for which— the Federal Government provides any portion of the funds or property that is provided, requested, or demanded; and any portion of the funds are appropriated or otherwise made available under or to carry out a Coronavirus pandemic-related program, project, or activity; 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.); the term Director means the Director of the Office of Government Ethics; the term employee — 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 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); 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; the term non-Federal employer — means any employer— with respect to covered funds— the contractor, subcontractor, grantee, subgrantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, subgrantee, or recipient is an employer; and 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 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 does not mean any department, agency, or other entity of the Federal Government; 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; the term senior executive means an individual— employed by a private employer; and who— receives annual compensation from the private employer in an amount that is more that $1,000,000; has direct authority over more than 1 percent of the funds provided under a Coronavirus pandemic-related program, project, or activity; or 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 the term State or local government means— 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 the government of any political subdivision of a government listed in subparagraph (A).
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Sec. 2
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