SEC. 1501.
DEFINITIONS.
(1) AGENCY-
The term `agency' has the meaning given
under section 551 of title 5, United States
Code.
(2) BOARD- The
term `Board' means the Recovery
Accountability and Transparency Board
established in section 1521.
(3)
CHAIRPERSON- The term `Chairperson' means
the Chairperson of the Board.
(4) COVERED
FUNDS- The term `covered funds' means any
funds that are expended or obligated from
appropriations made under this Act.
(5) PANEL- The
term `Panel' means the Recovery Independent
Advisory Panel established in section 1541.
Subtitle
A--Transparency and Oversight Requirements
SEC. 1511.
CERTIFICATIONS.
With respect to
covered funds made available to State or local
governments for infrastructure investments, the
Governor, mayor, or other chief executive, as
appropriate, shall certify that the
infrastructure investment has received the full
review and vetting required by law and that the
chief executive accepts responsibility that the
infrastructure investment is an appropriate use
of taxpayer dollars. Such certification shall
include a description of the investment, the
estimated total cost, and the amount of covered
funds to be used, and shall be posted on a
website and linked to the website established by
section 1526. A State or local agency may not
receive infrastructure investment funding from
funds made available in this Act unless this
certification is made and posted.
SEC. 1512. REPORTS
ON USE OF FUNDS.
(a) Short Title-
This section may be cited as the `Jobs
Accountability Act'.
(b) Definitions-
In this section:
(1) RECIPIENT-
The term `recipient'--
(A) means
any entity that receives recovery funds
directly from the Federal Government
(including recovery funds received
through grant, loan, or contract) other
than an individual; and
(B)
includes a State that receives recovery
funds.
(2) RECOVERY
FUNDS- The term `recovery funds' means any
funds that are made available from
appropriations made under this Act.
(c) Recipient
Reports- Not later than 10 days after the end of
each calendar quarter, each recipient that
received recovery funds from a Federal agency
shall submit a report to that agency that
contains--
(1) the total
amount of recovery funds received from that
agency;
(2) the amount
of recovery funds received that were
expended or obligated to projects or
activities; and
(3) a detailed
list of all projects or activities for which
recovery funds were expended or obligated,
including--
(A) the
name of the project or activity;
(B) a
description of the project or activity;
(C) an
evaluation of the completion status of
the project or activity;
(D) an
estimate of the number of jobs created
and the number of jobs retained by the
project or activity; and
(E) for
infrastructure investments made by State
and local governments, the purpose,
total cost, and rationale of the agency
for funding the infrastructure
investment with funds made available
under this Act, and name of the person
to contact at the agency if there are
concerns with the infrastructure
investment.
(4) Detailed
information on any subcontracts or subgrants
awarded by the recipient to include the data
elements required to comply with the Federal
Funding Accountability and Transparency Act
of 2006 (Public Law 109-282), allowing
aggregate reporting on awards below $25,000
or to individuals, as prescribed by the
Director of the Office of Management and
Budget.
(d) Agency
Reports- Not later than 30 days after the end of
each calendar quarter, each agency that made
recovery funds available to any recipient shall
make the information in reports submitted under
subsection (c) publicly available by posting the
information on a website.
(e) Other Reports-
The Congressional Budget Office and the
Government Accountability Office shall comment
on the information described in subsection
(c)(3)(D) for any reports submitted under
subsection (c). Such comments shall be due
within 45 days after such reports are submitted.
(f) COMPLIANCE-
Within 180 days of enactment, as a condition of
receipt of funds under this Act, Federal
agencies shall require any recipient of such
funds to provide the information required under
subsection (c).
(g) GUIDANCE-
Federal agencies, in coordination with the
Director of the Office of Management and Budget,
shall provide for user-friendly means for
recipients of covered funds to meet the
requirements of this section.
(h) REGISTRATION-
Funding recipients required to report
information per subsection (c)(4) must register
with the Central Contractor Registration
database or complete other registration
requirements as determined by the Director of
the Office of Management and Budget.
SEC. 1513. REPORTS
OF THE COUNCIL OF ECONOMIC ADVISERS.
(a) In General- In
consultation with the Director of the Office of
Management and Budget and the Secretary of the
Treasury, the Chairperson of the Council of
Economic Advisers shall submit quarterly reports
to the Committees on Appropriations of the
Senate and House of Representatives that detail
the impact of programs funded through covered
funds on employment, estimated economic growth,
and other key economic indicators.
(b) Submission of
Reports-
(1) FIRST
REPORT- The first report submitted under
subsection (a) shall be submitted not later
than 45 days after the end of the first full
quarter following the date of enactment of
this Act.
(2) LAST
REPORT- The last report required to be
submitted under subsection (a) shall apply
to the quarter in which the Board terminates
under section 1530.
SEC. 1514.
INSPECTOR GENERAL REVIEWS.
(a) Reviews- Any
inspector general of a Federal department or
executive agency shall review, as appropriate,
any concerns raised by the public about specific
investments using funds made available in this
Act. Any findings of such reviews not related to
an ongoing criminal proceeding shall be relayed
immediately to the head of the department or
agency concerned. In addition, the findings of
such reviews, along with any audits conducted by
any inspector general of funds made available in
this Act, shall be posted on the inspector
general's website and linked to the website
established by section 1526, except that
portions of reports may be redacted to the
extent the portions would disclose information
that is protected from public disclosure under
sections 552 and 552a of title 5, United States
Code.
SEC. 1515. ACCESS
OF OFFICES OF INSPECTOR GENERAL TO CERTAIN RECORDS
AND EMPLOYEES.
(a) Access- With
respect to each contract or grant awarded using
covered funds, any representative of an
appropriate inspector general appointed under
section 3 or 8G of the Inspector General Act of
1978 (5 U.S.C. App.), is authorized--
(1) to examine
any records of the contractor or grantee,
any of its subcontractors or subgrantees, or
any State or local agency administering such
contract, that pertain to, and involve
transactions relating to, the contract,
subcontract, grant, or subgrant; and
(2) to
interview any officer or employee of the
contractor, grantee, subgrantee, or agency
regarding such transactions.
(b) Relationship
to Existing Authority- Nothing in this section
shall be interpreted to limit or restrict in any
way any existing authority of an inspector
general.
Subtitle
B--Recovery Accountability and Transparency Board
SEC. 1521.
ESTABLISHMENT OF THE RECOVERY ACCOUNTABILITY AND
TRANSPARENCY BOARD.
There is
established the Recovery Accountability and
Transparency Board to coordinate and conduct
oversight of covered funds to prevent fraud,
waste, and abuse.
SEC. 1522.
COMPOSITION OF BOARD.
(1)
DESIGNATION OR APPOINTMENT- The President
shall--
(A)
designate the Deputy Director for
Management of the Office of Management
and Budget to serve as Chairperson of
the Board;
(B)
designate another Federal officer who
was appointed by the President to a
position that required the advice and
consent of the Senate, to serve as
Chairperson of the Board; or
(C)
appoint an individual as the Chairperson
of the Board, by and with the advice and
consent of the Senate.
(A)
DESIGNATION OF FEDERAL OFFICER- If the
President designates a Federal officer
under paragraph (1)(A) or (B) to serve
as Chairperson, that Federal officer may
not receive additional compensation for
services performed as Chairperson.
(B)
APPOINTMENT OF NON-FEDERAL OFFICER- If
the President appoints an individual as
Chairperson under paragraph (1)(C), that
individual shall be compensated at the
rate of basic pay prescribed for level
IV of the Executive Schedule under
section 5315 of title 5, United States
Code.
(b) Members- The
members of the Board shall include--
(1) the
Inspectors General of the Departments of
Agriculture, Commerce, Education, Energy,
Health and Human Services, Homeland
Security, Justice, Transportation, Treasury,
and the Treasury Inspector General for Tax
Administration; and
(2) any other
Inspector General as designated by the
President from any agency that expends or
obligates covered funds.
SEC. 1523.
FUNCTIONS OF THE BOARD.
(1) IN
GENERAL- The Board shall coordinate and
conduct oversight of covered funds in order
to prevent fraud, waste, and abuse.
(2) SPECIFIC
FUNCTIONS- The functions of the Board shall
include--
(A)
reviewing whether the reporting of
contracts and grants using covered funds
meets applicable standards and specifies
the purpose of the contract or grant and
measures of performance;
(B)
reviewing whether competition
requirements applicable to contracts and
grants using covered funds have been
satisfied;
(C)
auditing or reviewing covered funds to
determine whether wasteful spending,
poor contract or grant management, or
other abuses are occurring and referring
matters it considers appropriate for
investigation to the inspector general
for the agency that disbursed the
covered funds;
(D)
reviewing whether there are sufficient
qualified acquisition and grant
personnel overseeing covered funds;
(E)
reviewing whether personnel whose duties
involve acquisitions or grants made with
covered funds receive adequate training;
and
(F)
reviewing whether there are appropriate
mechanisms for interagency collaboration
relating to covered funds, including
coordinating and collaborating to the
extent practicable with the Inspectors
General Council on Integrity and
Efficiency established by the Inspector
General Reform Act of 2008 (Public Law
110-409).
(1) FLASH AND
OTHER REPORTS- The Board shall submit to the
President and Congress, including the
Committees on Appropriations of the Senate
and House of Representatives, reports, to be
known as `flash reports', on potential
management and funding problems that require
immediate attention. The Board also shall
submit to Congress such other reports as the
Board considers appropriate on the use and
benefits of funds made available in this
Act.
(2) QUARTERLY
REPORTS- The Board shall submit quarterly
reports to the President and Congress,
including the Committees on Appropriations
of the Senate and House of Representatives,
summarizing the findings of the Board and
the findings of inspectors general of
agencies. The Board may submit additional
reports as appropriate.
(3) ANNUAL
REPORTS- The Board shall submit annual
reports to the President and Congress,
including the Committees on Appropriations
of the Senate and House of Representatives,
consolidating applicable quarterly reports
on the use of covered funds.
(A) IN
GENERAL- All reports submitted under
this subsection shall be made publicly
available and posted on the website
established by section 1526.
(B)
REDACTIONS- Any portion of a report
submitted under this subsection may be
redacted when made publicly available,
if that portion would disclose
information that is not subject to
disclosure under sections 552 and 552a
of title 5, United States Code.
(1) IN
GENERAL- The Board shall make
recommendations to agencies on measures to
prevent fraud, waste, and abuse relating to
covered funds.
(2) RESPONSIVE
REPORTS- Not later than 30 days after
receipt of a recommendation under paragraph
(1), an agency shall submit a report to the
President, the congressional committees of
jurisdiction, including the Committees on
Appropriations of the Senate and House of
Representatives, and the Board on--
(A)
whether the agency agrees or disagrees
with the recommendations; and
(B) any
actions the agency will take to
implement the recommendations.
SEC. 1524. POWERS
OF THE BOARD.
(a) In General-
The Board shall conduct audits and reviews of
spending of covered funds and coordinate on such
activities with the inspectors general of the
relevant agency to avoid duplication and overlap
of work.
(b) Audits and
Reviews- The Board may--
(1) conduct
its own independent audits and reviews
relating to covered funds; and
(2)
collaborate on audits and reviews relating
to covered funds with any inspector general
of an agency.
(1) AUDITS AND
REVIEWS- In conducting audits and reviews,
the Board shall have the authorities
provided under section 6 of the Inspector
General Act of 1978 (5 U.S.C. App.).
Additionally, the Board may issue subpoenas
to compel the testimony of persons who are
not Federal officers or employees and may
enforce such subpoenas in the same manner as
provided for inspector general subpoenas
under section 6 of the Inspector General Act
of 1978 (5 U.S.C. App.).
(2) STANDARDS
AND GUIDELINES- The Board shall carry out
the powers under subsections (a) and (b) in
accordance with section 4(b)(1) of the
Inspector General Act of 1978 (5 U.S.C.
App.).
(d) Public
Hearings- The Board may hold public hearings and
Board personnel may conduct necessary inquiries.
The head of each agency shall make all officers
and employees of that agency available to
provide testimony to the Board and Board
personnel. The Board may issue subpoenas to
compel the testimony of persons who are not
Federal officers or employees at such public
hearings. Any such subpoenas may be enforced in
the same manner as provided for inspector
general subpoenas under section 6 of the
Inspector General Act of 1978 (5 U.S.C. App.).
(e) Contracts- The
Board may enter into contracts to enable the
Board to discharge its duties under this
subtitle, including contracts and other
arrangements for audits, studies, analyses, and
other services with public agencies and with
private persons, and make such payments as may
be necessary to carry out the duties of the
Board.
(f) Transfer of
Funds- The Board may transfer funds appropriated
to the Board for expenses to support
administrative support services and audits,
reviews, or other activities related to
oversight by the Board of covered funds to any
office of inspector general, the Office of
Management and Budget, the General Services
Administration, and the Panel.
SEC. 1525.
EMPLOYMENT, PERSONNEL, AND RELATED AUTHORITIES.
(a) Employment and
Personnel Authorities-
(A)
AUTHORITIES- Subject to paragraph (2),
the Board may exercise the authorities
of subsections (b) through (i) of
section 3161 of title 5, United States
Code (without regard to subsection (a)
of that section).
(B)
APPLICATION- For purposes of exercising
the authorities described under
subparagraph (A), the term `Chairperson
of the Board' shall be substituted for
the term `head of a temporary
organization'.
(C)
CONSULTATION- In exercising the
authorities described under subparagraph
(A), the Chairperson shall consult with
members of the Board.
(2) EMPLOYMENT
AUTHORITIES- In exercising the employment
authorities under subsection (b) of section
3161 of title 5, United States Code, as
provided under paragraph (1) of this
subsection--
(A)
paragraph (2) of subsection (b) of
section 3161 of that title (relating to
periods of appointments) shall not
apply; and
(B) no
period of appointment may exceed the
date on which the Board terminates under
section 1530.
(b) Information
and Assistance-
(1) IN
GENERAL- Upon request of the Board for
information or assistance from any agency or
other entity of the Federal Government, the
head of such entity shall, insofar as is
practicable and not in contravention of any
existing law, furnish such information or
assistance to the Board, or an authorized
designee.
(2) REPORT OF
REFUSALS- Whenever information or assistance
requested by the Board is, in the judgment
of the Board, unreasonably refused or not
provided, the Board shall report the
circumstances to the congressional
committees of jurisdiction, including the
Committees on Appropriations of the Senate
and House of Representatives, without delay.
(c) Administrative
Support- The General Services Administration
shall provide the Board with administrative
support services, including the provision of
office space and facilities.
SEC. 1526. BOARD
WEBSITE.
(a) Establishment-
The Board shall establish and maintain, no later
than 30 days after enactment of this Act, a
user-friendly, public-facing website to foster
greater accountability and transparency in the
use of covered funds.
(b) Purpose- The
website established and maintained under
subsection (a) shall be a portal or gateway to
key information relating to this Act and provide
connections to other Government websites with
related information.
(c) Content and
Function- In establishing the website
established and maintained under subsection (a),
the Board shall ensure the following:
(1) The
website shall provide materials explaining
what this Act means for citizens. The
materials shall be easy to understand and
regularly updated.
(2) The
website shall provide accountability
information, including findings from audits,
inspectors general, and the Government
Accountability Office.
(3) The
website shall provide data on relevant
economic, financial, grant, and contract
information in user-friendly visual
presentations to enhance public awareness of
the use of covered funds.
(4) The
website shall provide detailed data on
contracts awarded by the Federal Government
that expend covered funds, including
information about the competitiveness of the
contracting process, information about the
process that was used for the award of
contracts, and for contracts over $500,000 a
summary of the contract.
(5) The
website shall include printable reports on
covered funds obligated by month to each
State and congressional district.
(6) The
website shall provide a means for the public
to give feedback on the performance of
contracts that expend covered funds.
(7) The
website shall include detailed information
on Federal Government contracts and grants
that expend covered funds, to include the
data elements required to comply with the
Federal Funding Accountability and
Transparency Act of 2006 (Public Law
109-282), allowing aggregate reporting on
awards below $25,000 or to individuals, as
prescribed by the Director of the Office of
Management and Budget.
(8) The
website shall provide a link to estimates of
the jobs sustained or created by the Act.
(9) The
website shall provide a link to information
about announcements of grant competitions
and solicitations for contracts to be
awarded.
(10) The
website shall include appropriate links to
other government websites with information
concerning covered funds, including Federal
agency and State websites.
(11) The
website shall include a plan from each
Federal agency for using funds made
available in this Act to the agency.
(12) The
website shall provide information on Federal
allocations of formula grants and awards of
competitive grants using covered funds.
(13) The
website shall provide information on Federal
allocations of mandatory and other
entitlement programs by State, county, or
other appropriate geographical unit.
(14) To the
extent practical, the website shall provide,
organized by the location of the job
opportunities involved, links to and
information about how to access job
opportunities, including, if possible, links
to or information about local employment
agencies, job banks operated by State
workforce agencies, the Department of
Labor's CareerOneStop website, State, local
and other public agencies receiving Federal
funding, and private firms contracted to
perform work with Federal funding, in order
to direct job seekers to job opportunities
created by this Act.
(15) The
website shall be enhanced and updated as
necessary to carry out the purposes of this
subtitle.
(d) Waiver- The
Board may exclude posting contractual or other
information on the website on a case-by-case
basis when necessary to protect national
security or to protect information that is not
subject to disclosure under sections 552 and
552a of title 5, United States Code.
SEC. 1527.
INDEPENDENCE OF INSPECTORS GENERAL.
(a) Independent
Authority- Nothing in this subtitle shall affect
the independent authority of an inspector
general to determine whether to conduct an audit
or investigation of covered funds.
(b) Requests by
Board- If the Board requests that an inspector
general conduct or refrain from conducting an
audit or investigation and the inspector general
rejects the request in whole or in part, the
inspector general shall, not later than 30 days
after rejecting the request, submit a report to
the Board, the head of the applicable agency,
and the congressional committees of
jurisdiction, including the Committees on
Appropriations of the Senate and House of
Representatives. The report shall state the
reasons that the inspector general has rejected
the request in whole or in part. The inspector
general's decision shall be final.
SEC. 1528.
COORDINATION WITH THE COMPTROLLER GENERAL AND STATE
AUDITORS.
The Board shall
coordinate its oversight activities with the
Comptroller General of the United States and
State auditors.
SEC. 1529.
AUTHORIZATION OF APPROPRIATIONS.
There are
authorized to be appropriated such sums as
necessary to carry out this subtitle.
SEC. 1530.
TERMINATION OF THE BOARD.
The Board shall
terminate on September 30, 2013.
Subtitle
C--Recovery Independent Advisory Panel
SEC. 1541.
ESTABLISHMENT OF RECOVERY INDEPENDENT ADVISORY
PANEL.
(a) Establishment-
There is established the Recovery Independent
Advisory Panel.
(b) Membership-
The Panel shall be composed of 5 members who
shall be appointed by the President.
(c)
Qualifications- Members shall be appointed on
the basis of expertise in economics, public
finance, contracting, accounting, or any other
relevant field.
(d) Initial
Meeting- Not later than 30 days after the date
on which all members of the Panel have been
appointed, the Panel shall hold its first
meeting.
(e) Meetings- The
Panel shall meet at the call of the Chairperson
of the Panel.
(f) Quorum- A
majority of the members of the Panel shall
constitute a quorum, but a lesser number of
members may hold hearings.
(g) Chairperson
and Vice Chairperson- The Panel shall select a
Chairperson and Vice Chairperson from among its
members.
SEC. 1542. DUTIES
OF THE PANEL.
The Panel shall
make recommendations to the Board on actions the
Board could take to prevent fraud, waste, and
abuse relating to covered funds.
SEC. 1543. POWERS
OF THE PANEL.
(a) Hearings- The
Panel may hold such hearings, sit and act at
such times and places, take such testimony, and
receive such evidence as the Panel considers
advisable to carry out this subtitle.
(b) Information
From Federal Agencies- The Panel may secure
directly from any agency such information as the
Panel considers necessary to carry out this
subtitle. Upon request of the Chairperson of the
Panel, the head of such agency shall furnish
such information to the Panel.
(c) Postal
Services- The Panel may use the United States
mails in the same manner and under the same
conditions as agencies of the Federal
Government.
(d) Gifts- The
Panel may accept, use, and dispose of gifts or
donations of services or property.
SEC. 1544. PANEL
PERSONNEL MATTERS.
(a) Compensation
of Members- Each member of the Panel who is not
an officer or employee of the Federal Government
shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United
States Code, for each day (including travel
time) during which such member is engaged in the
performance of the duties of the Panel. All
members of the Panel who are officers or
employees of the United States shall serve
without compensation in addition to that
received for their services as officers or
employees of the United States.
(b) Travel
Expenses- The members of the Panel shall be
allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while
away from their homes or regular places of
business in the performance of services for the
Panel.
(1) IN
GENERAL- The Chairperson of the Panel may,
without regard to the civil service laws and
regulations, appoint and terminate an
executive director and such other additional
personnel as may be necessary to enable the
Panel to perform its duties. The employment
of an executive director shall be subject to
confirmation by the Panel.
(2)
COMPENSATION- The Chairperson of the Panel
may fix the compensation of the executive
director and other personnel without regard
to chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating
to classification of positions and General
Schedule pay rates, except that the rate of
pay for the executive director and other
personnel may not exceed the rate payable
for level V of the Executive Schedule under
section 5316 of such title.
(3) PERSONNEL
AS FEDERAL EMPLOYEES-
(A) IN
GENERAL- The executive director and any
personnel of the Panel who are employees
shall be employees under section 2105 of
title 5, United States Code, for
purposes of chapters 63, 81, 83, 84, 85,
87, 89, 89A, 89B, and 90 of that title.
(B)
MEMBERS OF PANEL- Subparagraph (A) shall
not be construed to apply to members of
the Panel.
(d) Detail of
Government Employees- Any Federal Government
employee may be detailed to the Panel without
reimbursement, and such detail shall be without
interruption or loss of civil service status or
privilege.
(e) Procurement of
Temporary and Intermittent Services- The
Chairperson of the Panel may procure temporary
and intermittent services under section 3109(b)
of title 5, United States Code, at rates for
individuals which do not exceed the daily
equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule
under section 5316 of such title.
(f) Administrative
Support- The General Services Administration
shall provide the Panel with administrative
support services, including the provision of
office space and facilities.
SEC. 1545.
TERMINATION OF THE PANEL.
The Panel shall
terminate on September 30, 2013.
SEC. 1546.
AUTHORIZATION OF APPROPRIATIONS.
There are
authorized to be appropriated such sums as
necessary to carry out this subtitle.
Subtitle
D--Additional Accountability and Transparency
Requirements
SEC. 1551.
AUTHORITY TO ESTABLISH SEPARATE FUNDING ACCOUNTS.
Although this Act
provides supplemental appropriations for
programs, projects, and activities in existing
Treasury accounts, to facilitate tracking these
funds through Treasury and agency accounting
systems, the Secretary of the Treasury shall
ensure that all funds appropriated in this Act
shall be established in separate Treasury
accounts, unless a waiver from this provision is
approved by the Director of the Office of
Management and Budget.
SEC. 1552.
SET-ASIDE FOR STATE AND LOCAL GOVERNMENT REPORTING
AND RECORDKEEPING.
Federal agencies
receiving funds under this Act, may, after
following the notice and comment rulemaking
requirements under the Administrative Procedures
Act (5 U.S.C. 500), reasonably adjust applicable
limits on administrative expenditures for
Federal awards to help award recipients defray
the costs of data collection requirements
initiated pursuant to this Act.
SEC. 1553.
PROTECTING STATE AND LOCAL GOVERNMENT AND CONTRACTOR
WHISTLEBLOWERS.
(a) Prohibition of
Reprisals- An employee of any non-Federal
employer receiving covered funds may not be
discharged, demoted, or otherwise discriminated
against as a reprisal for disclosing, including
a disclosure made in the ordinary course of an
employee's duties, to the Board, an inspector
general, the Comptroller General, a member of
Congress, a State or Federal regulatory or law
enforcement agency, a person with supervisory
authority over the employee (or such other
person working for the employer who has the
authority to investigate, discover, or terminate
misconduct), a court or grand jury, the head of
a Federal agency, or their representatives,
information that the employee reasonably
believes is evidence of--
(1) gross
mismanagement of an agency contract or grant
relating to covered funds;
(2) a gross
waste of covered funds;
(3) a
substantial and specific danger to public
health or safety related to the
implementation or use of covered funds;
(4) an abuse
of authority related to the implementation
or use of covered funds; or
(5) a
violation of law, rule, or regulation
related to an agency contract (including the
competition for or negotiation of a
contract) or grant, awarded or issued
relating to covered funds.
(b) Investigation
of Complaints-
(1) IN
GENERAL- A person who believes that the
person has been subjected to a reprisal
prohibited by subsection (a) may submit a
complaint regarding the reprisal to the
appropriate inspector general. Except as
provided under paragraph (3), unless the
inspector general determines that the
complaint 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 inspector general shall
investigate the complaint and, upon
completion of such investigation, submit a
report of the findings of the investigation
to the person, the person's employer, the
head of the appropriate agency, and the
Board.
(2) TIME
LIMITATIONS FOR ACTIONS-
(A) IN
GENERAL- Except as provided under
subparagraph (B), the inspector general
shall, not later than 180 days after
receiving a complaint under paragraph
(1)--
(i)
make a determination that the
complaint 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; or
(ii)
submit a report under paragraph (1).
(i)
VOLUNTARY EXTENSION AGREED TO
BETWEEN INSPECTOR GENERAL AND
COMPLAINANT- If the inspector
general is unable to complete an
investigation under this section in
time to submit a report within the
180-day period specified under
subparagraph (A) and the person
submitting the complaint agrees to
an extension of time, the inspector
general shall submit a report under
paragraph (1) within such additional
period of time as shall be agreed
upon between the inspector general
and the person submitting the
complaint.
(ii)
EXTENSION GRANTED BY INSPECTOR
GENERAL- If the inspector general is
unable to complete an investigation
under this section in time to submit
a report within the 180-day period
specified under subparagraph (A),
the inspector general may extend the
period for not more than 180 days
without agreeing with the person
submitting the complaint to such
extension, provided that the
inspector general provides a written
explanation (subject to the
authority to exclude information
under paragraph (4)(C)) for the
decision, which shall be provided to
both the person submitting the
complaint and the non-Federal
employer.
(iii)
SEMI-ANNUAL REPORT ON EXTENSIONS-
The inspector general shall include
in semi-annual reports to Congress a
list of those investigations for
which the inspector general received
an extension.
(3) DISCRETION
NOT TO INVESTIGATE COMPLAINTS-
(A) IN
GENERAL- The inspector general may
decide not to conduct or continue an
investigation under this section upon
providing to the person submitting the
complaint and the non-Federal employer a
written explanation (subject to the
authority to exclude information under
paragraph (4)(C)) for such decision.
(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 person submitting a complaint shall
immediately assume the right to a civil
remedy under subsection (c)(3) as if the
210-day period specified under such
subsection has already passed.
(C)
SEMI-ANNUAL REPORT- The inspector
general shall include in semi-annual
reports to Congress a list of those
investigations the inspector general
decided not to conduct or continue under
this paragraph.
(4) ACCESS TO
INVESTIGATIVE FILE OF INSPECTOR GENERAL-
(A) IN
GENERAL- The person alleging a reprisal
under this section shall have access to
the investigation file of the
appropriate inspector general in
accordance with section 552a of title 5,
United States Code (commonly referred to
as the `Privacy Act'). The investigation
of the inspector general shall be deemed
closed for purposes of disclosure under
such section when an employee files an
appeal to an agency head or a court of
competent jurisdiction.
(B) CIVIL
ACTION- In the event the person alleging
the reprisal brings suit under
subsection (c)(3), the person alleging
the reprisal and the non-Federal
employer shall have access to the
investigative file of the inspector
general in accordance with the Privacy
Act.
(C)
EXCEPTION- The inspector general may
exclude from disclosure--
(i)
information protected from
disclosure by a provision of law;
and
(ii)
any additional information the
inspector general determines
disclosure of which would impede a
continuing investigation, provided
that such information is disclosed
once such disclosure would no longer
impede such investigation, unless
the inspector general 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- An inspector general
investigating an alleged reprisal under this
section may not respond to any inquiry or
disclose any information from or about any
person 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.
(c) Remedy and
Enforcement Authority-
(A)
DISCLOSURE AS CONTRIBUTING FACTOR IN
REPRISAL-
(i) IN
GENERAL- A person alleging a
reprisal under this section shall be
deemed to have affirmatively
established the occurrence of the
reprisal if the person demonstrates
that a disclosure described in
subsection (a) was a contributing
factor in the reprisal.
(ii)
USE OF CIRCUMSTANTIAL EVIDENCE- A
disclosure may be demonstrated as a
contributing factor in a reprisal
for purposes of this paragraph by
circumstantial evidence, including--
(I) evidence that the official
undertaking the reprisal knew of
the disclosure; or
(II) evidence that the reprisal
occurred within a period of time
after the disclosure such that a
reasonable person could conclude
that the disclosure was a
contributing factor in the
reprisal.
(B)
OPPORTUNITY FOR REBUTTAL- The head of an
agency may not find the occurrence of a
reprisal with respect to a reprisal that
is affirmatively established under
subparagraph (A) if the non-Federal
employer demonstrates by clear and
convincing evidence that the non-Federal
employer would have taken the action
constituting the reprisal in the absence
of the disclosure.
(2) AGENCY
ACTION- Not later than 30 days after
receiving an inspector general report under
subsection (b), the head of the agency
concerned shall 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 shall either issue an
order denying relief in whole or in part or
shall take 1 or more of the following
actions:
(A) Order
the employer to take affirmative action
to abate the reprisal.
(B) Order
the employer to reinstate the person to
the position that the person held before
the reprisal, together with the
compensation (including back pay),
compensatory damages, employment
benefits, and other terms and conditions
of employment that would apply to the
person in that position if the reprisal
had not been taken.
(C) Order
the employer to pay the complainant an
amount equal to the aggregate amount of
all costs and expenses (including
attorneys' fees and expert witnesses'
fees) that were reasonably incurred by
the complainant 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.
(3) CIVIL
ACTION- If the head of an agency issues an
order denying relief in whole or in part
under paragraph (1), has not issued an order
within 210 days after the submission of a
complaint under subsection (b), or in the
case of an extension of time under
subsection (b)(2)(B)(i), within 30 days
after the expiration of the extension of
time, or decides under subsection (b)(3) not
to investigate or to discontinue an
investigation, and there is no showing that
such delay or decision is due to the bad
faith of the complainant, the complainant
shall be deemed to have exhausted all
administrative remedies with respect to the
complaint, and the complainant may bring a
de novo action at law or equity against the
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. Such an action shall, at the
request of either party to the action, be
tried by the court with a jury.
(4) JUDICIAL
ENFORCEMENT OF ORDER- Whenever a person
fails to comply with an order issued under
paragraph (2), 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 attorneys fees and costs.
(5) JUDICIAL
REVIEW- Any person adversely affected or
aggrieved by an order issued under paragraph
(2) may obtain review of the order's
conformance 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
shall conform to chapter 7 of title 5,
United States Code.
(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 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 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 against an
employee 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.
(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) Definitions-
In this section:
(1) ABUSE OF
AUTHORITY- The term `abuse of authority'
means an arbitrary and capricious exercise
of authority by a contracting official or
employee that adversely affects the rights
of any person, or that results in personal
gain or advantage to the official or
employee or to preferred other persons.
(2) COVERED
FUNDS- The term `covered funds' means any
contract, grant, or other payment received
by any non-Federal employer if--
(A) the
Federal Government provides any portion
of the money or property that is
provided, requested, or demanded; and
(B) at
least some of the funds are appropriated
or otherwise made available by this Act.
(3) EMPLOYEE-
The term `employee'--
(A) except
as provided under subparagraph (B),
means an individual performing services
on behalf 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).
(4)
NON-FEDERAL EMPLOYER- The term `non-Federal
employer'--
(i)
with respect to covered funds--
(I) the contractor,
subcontractor, grantee, or
recipient, as the case may be,
if the contractor,
subcontractor, grantee, 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.
(5) STATE OR
LOCAL GOVERNMENT- 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. 1554. SPECIAL
CONTRACTING PROVISIONS.
To the maximum
extent possible, contracts funded under this Act
shall be awarded as fixed-price contracts
through the use of competitive procedures. A
summary of any contract awarded with such funds
that is not fixed-price and not awarded using
competitive procedures shall be posted in a
special section of the website established in
section 1526.
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