Sec. 3703. Enhancement of non-defense contractor protection from reprisal for disclosure of certain information
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Section 4712 of title 41, United States Code, is amended— in subsection (a)— by striking paragraph
(1)and inserting the following paragraph: A protected individual may not be discharged, demoted, or otherwise discriminated against as a reprisal for the following: Refusing to obey an order that would require the protected individual to violate a law, rule, or regulation related to any contract, subcontract, grant, or subgrant. Disclosing to a person or body described in paragraph
(2)information that the protected individual reasonably believes is evidence of the following: Gross mismanagement of any Federal contract or grant, any gross waste of Federal funds, any abuse of authority relating to any Federal contract, subcontract, grant, or subgrant, or any violation of law, rule, or regulation related to any Federal contract or subcontract (including the competition for or negotiation of a contract or subcontract) or grant or subgrant. A substantial and specific danger to public health or safety. ; and in paragraph (3)— in subparagraph (A), by striking an employee and inserting a protected individual ; and by striking subparagraph
(B)and inserting the following subparagraph: it shall not be within the authority of an executive branch official to request that a contractor, subcontractor, grantee, or subgrantee engage in a reprisal prohibited by paragraph (1). ; in subsection (c)— in paragraph (1), by adding at the end the following new subparagraph: Propose appropriate disciplinary action against any executive branch official for any request made of a contractor, subcontractor, grantee, or subgrantee that subjected the complainant to a reprisal prohibited by subsection (a). ; and by striking paragraph
(7)and inserting the following paragraph: The rights, forum, and remedies provided for in this section may not be waived by any public or private agreement, policy, form, or condition of employment, including by any predispute arbitration agreement. ; in subsection (e)— by striking an employee and inserting a protected individual ; and by striking the employee and inserting the protected individual ; by striking subsection
(f)and redesignating subsections
(g)and
(h)as subsections
(f)and (g), respectively; and in subsection (f), as so redesignated, by inserting after paragraph
(2)the following new paragraph: The term protected individual means— a contractor, subcontractor, grantee, or subgrantee of the Federal Government, including— the government of each of the several States, the District of Columbia, an Indian tribe or authorized tribal organization, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States; the government of any political subdivision of, agency of, or instrumentality of, a government listed in clause (i); and an element of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )); an employee of a contractor, subcontractor, grantee, or subgrantee of the Federal Government or a former employee of such contractor, subcontractor, grantee, or subgrantee whose protected disclosure or engagement in any activity protected against reprisal under this section occurred prior to termination, including an employee of— the government of each of the several States, the District of Columbia, an Indian tribe or authorized tribal organization, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States; the government of any political subdivision of, agency of, or instrumentality of, a government listed in clause (i); and an element of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )); or a person performing personal services for the Federal Government pursuant to a contractual agreement for the performance of personal services, including a personal services contract or personal services agreement, including a person performing personal services pursuant to such a contractual agreement for— the government of each of the several States, the District of Columbia, an Indian tribe or authorized tribal organization, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States; the government of any political subdivision of, agency of, or instrumentality of, a government listed in clause (i); and an element of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )). .
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Sec. 3703
Enhancement of non-defense contractor protection from reprisal for disclosure of certain information
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