United States S 3963: COVID–19 Whistleblower Protection Act

Status: Introduced in Senate (as of 2020-06-15)

State: United States · Session: 116 · Bill: S 3963

Subjects: Administrative remedies, Alternative dispute resolution, mediation, arbitration, Appropriations, Cardiovascular and respiratory health, Civil actions and liability, Congressional oversight, Emergency medical services and trauma care, Employment discrimination and employee rights, Evidence and witnesses, Government ethics and transparency, public corruption, Government information and archives, Government studies and investigations, Health programs administration and funding, Infectious and parasitic diseases, Public contracts and procurement, Right of privacy, State and local government operations

Sponsors: Kamala D. Harris, Amy Klobuchar, Bernard Sanders, DIANNE FEINSTEIN, EDWARD J. MARKEY, Elizabeth A. Warren, Jeff Merkley, Mazie K. Hirono, RICHARD J. DURBIN, RON WYDEN, Richard Blumenthal, Sherrod Brown, Tammy Baldwin, Tina Smith

Bill Text

II 
116THCONGRESS 
2
DSESSION 
S. 3963 
To  protect  certain  whistleblowers  seeking  to  ensure  accountability  and  over-
sight  of  the  Nation’s  COVID–19  pandemic  response,  and  for  other  pur-
poses. 
IN  THE  SENATE  OF  THE  UNITED  STATES  
JUNE15, 2020 
Ms.  H
ARRIS(for  herself,  Ms.  WARREN,  Mr.  MARKEY,  Ms.  HIRONO,  Mr.  
W
YDEN,    Ms.    BALDWIN,    Ms.    KLOBUCHAR,    Mr.    SANDERS,    Mr.    
B
LUMENTHAL,  Mr.  DURBIN,  and  Ms.  SMITH)  introduced  the  following  
bill;  which  was  read  twice  and  referred  to  the  Committee  on  Homeland  
Security and Governmental Affairs 
A  BILL  
To  protect  certain  whistleblowers  seeking  to  ensure  account-
ability  and  oversight  of  the  Nation’s  COVID–19  pan-
demic response, and for other purposes. 
Be  it  enacted  by  the  Senate  and  House  of  Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This  Act  may  be  cited  as  the  ‘‘COVID–19  Whistle-4
blower Protection Act’’. 5
SEC. 2. DEFINITIONS. 6
In this Act— 7
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2 
•S  3963  IS
(1)  the  term  ‘‘abuse  of  authority’’  means  an  ar-1
bitrary  and  capricious  exercise  of  authority  by  a  con-2
tracting  officer  or  employee  that  adversely  affects  3
the  rights  of  any  individual,  or  that  results  in  per-4
sonal  gain  or  advantage  to  the  officer  or  employee  5
or to preferred other individuals; 6
(2)  the  term  ‘‘CARES  Act’’  means  the  CARES  7
Act (Public Law 116–136); 8
(3)   the   term   ‘‘Coronavirus   pandemic-related   9
program, project, or activity’’— 10
(A)  means  a  program,  project,  or  activity  11
of  the  executive  branch  of  the  Federal  Govern-12
ment   authorized   under   or   carried   out   using   13
amounts  made  available  under  an  Act  to  re-14
spond  to  or  to  provide  aid  or  assistance  to  ad-15
dress,  relief  from,  or  funding  to  address  the  16
outbreak  of  COVID–19  that  is  enacted  before,  17
on,  or  after  the  date  of  enactment  of  this  Act;  18
and 19
(B)  includes  any  program,  project,  or  ac-20
tivity  of  the  executive  branch  of  the  Federal  21
Government   authorized   under   or   carried   out   22
using amounts made available under— 23
(i)  the  Paycheck  Protection  Program  24
and  Health  Care  Enhancement  Act  (Public  25
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3 
•S  3963  IS
Law  116–139),  or  an  amendment  made  by  1
that Act; 2
(ii)  the  CARES  Act,  or  an  amend-3
ment made by that Act; 4
(iii)   the   Families   First   Coronavirus   5
Response Act (Public Law 116–127), or an 6
amendment made by that Act; or 7
(iv) the Coronavirus Preparedness and 8
Response     Supplemental     Appropriations     9
Act,  2020  (Public  Law  116–123),  or  an  10
amendment made by that Act; 11
(4)  the  term  ‘‘covered  funds’’  means  any  con-12
tract,  subcontract,  grant,  subgrant,  loan,  loan  guar-13
antee, or other payment for which— 14
(A)  the  Federal  Government  provides  any  15
portion  of  the  funds  or  property  that  is  pro-16
vided, requested, or demanded; and 17
(B)  any  portion  of  the  funds  are  appro-18
priated  or  otherwise  made  available  under  or  to  19
carry  out  a  Coronavirus  pandemic-related  pro-20
gram, project, or activity; 21
(5) the term ‘‘employee’’— 22
(A)  except  as  provided  under  subparagraph  23
(B),  means  an  individual  performing  services  on  24
behalf  of  an  employer,  including  any  individual  25
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4 
•S  3963  IS
working  for  an  employer  under  a  contract  with  1
such  employer  (including  a  contractor,  subcon-2
tractor, or agent of an employer); and 3
(B)  does  not  include  any  Federal  employee  4
or  member  of  the  uniformed  services  (as  that  5
term  is  defined  in  section  101(a)(5)  of  title  10,  6
United States Code); 7
(6) the term ‘‘non-Federal employer’’— 8
(A) means any employer— 9
(i) with respect to covered funds— 10
(I)  the  contractor,  subcontractor,  11
grantee,  subgrantee,  or  recipient,  as  12
the  case  may  be,  if  the  contractor,  13
subcontractor,  grantee,  subgrantee,  or  14
recipient is an employer; and 15
(II)  any  professional  membership  16
organization,    certification    or    other    17
professional   body,   any   agent   or   li-18
censee  of  the  Federal  Government,  or  19
any   person   acting   directly   or   indi-20
rectly  in  the  interest  of  an  employer  21
receiving covered funds; or 22
(ii)  wit

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