{"identifier":"/us/usc/t41/s4705","title":41,"num":"\u00a7\u202f4705.","heading":"Protection of contractor employees from reprisal for disclosure of certain information","text":"\u00a7\u202f4705.\nProtection of contractor employees from reprisal for disclosure of certain information\n(a)\nDefinitions.\u2014\nIn this section:\n(1)\nContract.\u2014\nThe term \u201ccontract\u201d means a contract awarded by the head of an executive agency.\n(2)\nContractor.\u2014\nThe term \u201ccontractor\u201d means a person awarded a contract with an executive agency.\n(3)\nInspector general.\u2014\nThe term \u201cInspector General\u201d means an Inspector General appointed under chapter 4 of title 5.\n(b)\nProhibition of Reprisals.\u2014\nAn employee of a contractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a Member of Congress or an authorized official of an executive agency or the Department of Justice information relating to a substantial violation of law related to a contract (including the competition for, or negotiation of, a contract).\n(c)\nInvestigation of Complaints.\u2014\nAn individual who believes that the individual has been subjected to a reprisal prohibited by subsection (b) may submit a complaint to the Inspector General of the executive agency. Unless the Inspector General determines that the complaint is frivolous, the Inspector General shall investigate the complaint and, on completion of the investigation, submit a report of the findings of the investigation to the individual, the contractor concerned, and the head of the agency. If the executive agency does not have an Inspector General, the duties of the Inspector General under this section shall be performed by an official designated by the head of the executive agency.\n(d)\nRemedy and Enforcement Authority.\u2014\n(1)\nActions contractor may be ordered to take.\u2014\nIf the head of an executive agency determines that a contractor has subjected an individual to a reprisal prohibited by subsection (b), the head of the executive agency may take one or more of the following actions:\n(A)\nAbatement.\u2014\nOrder the contractor to take affirmative action to abate the reprisal.\n(B)\nReinstatement.\u2014\nOrder the contractor to reinstate the individual to the position that the individual held before the reprisal, together with the compensation (including back pay), 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.\n(C)\nPayment.\u2014\nOrder the contractor to pay the complainant an amount equal to the aggregate amount of all costs and expenses (including attorneys\u2019 fees and expert witnesses\u2019 fees) that the complainant reasonably incurred for, or in connection with, bringing the complaint regarding the reprisal, as determined by the head of the executive agency.\n(2)\nEnforcement order.\u2014\nWhen a contractor fails to comply with an order issued under paragraph (1), the head of the executive agency shall file an action for enforcement of the order in the United States district court for a district in which the reprisal was found to have occurred. In an action brought under this paragraph, the court may grant appropriate relief, including injunctive relief and compensatory and exemplary damages.\n(3)\nReview of enforcement order.\u2014\nA person adversely affected or aggrieved by an order issued under paragraph (1) may obtain review of the order\u2019s conformance with this subsection, and 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. A petition seeking review must be filed no more than 60 days after the head of the agency issues the order. Review shall conform to chapter 7 of title 5.\n(e)\nScope of Section.\u2014\nThis section does not\u2014\n(1) authorize the discharge of, demotion of, or discrimination against an employee for a disclosure other than a disclosure protected by subsection (b); or\n(2) modify or derogate from a right or remedy otherwise available to the employee.\n(f)\nFour-year Suspension of Effectiveness While Pilot Program Is in Effect.\u2014\nWhile section 4712\n1\n1 See References in Text note below.","url":"https://projectusc.org/usc/t41/s4705.html","content":[{"t":"sec","id":"/us/usc/t41/s4705","children":[{"t":"num","text":"\u00a7\u202f4705."},{"t":"heading","text":"Protection of contractor employees from reprisal for disclosure of certain information"},{"t":"subsec","id":"/us/usc/t41/s4705/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definitions.\u2014"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t41/s4705/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Contract.\u2014"},{"t":"content","text":"The term \u201ccontract\u201d means a contract awarded by the head of an executive agency.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s4705/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Contractor.\u2014"},{"t":"content","text":"The term \u201ccontractor\u201d means a person awarded a contract with an executive agency.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s4705/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Inspector general.\u2014"},{"t":"content","text":"The term \u201cInspector General\u201d means an Inspector General appointed under chapter 4 of title 5.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t41/s4705/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Prohibition of Reprisals.\u2014"},{"t":"content","text":"An employee of a contractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a Member of Congress or an authorized official of an executive agency or the Department of Justice information relating to a substantial violation of law related to a contract (including the competition for, or negotiation of, a contract).","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t41/s4705/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Investigation of Complaints.\u2014"},{"t":"content","text":"An individual who believes that the individual has been subjected to a reprisal prohibited by subsection (b) may submit a complaint to the Inspector General of the executive agency. Unless the Inspector General determines that the complaint is frivolous, the Inspector General shall investigate the complaint and, on completion of the investigation, submit a report of the findings of the investigation to the individual, the contractor concerned, and the head of the agency. If the executive agency does not have an Inspector General, the duties of the Inspector General under this section shall be performed by an official designated by the head of the executive agency.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t41/s4705/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Remedy and Enforcement Authority.\u2014"},{"t":"para","id":"/us/usc/t41/s4705/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Actions contractor may be ordered to take.\u2014"},{"t":"chapeau","text":"If the head of an executive agency determines that a contractor has subjected an individual to a reprisal prohibited by subsection (b), the head of the executive agency may take one or more of the following actions:"},{"t":"subpara","id":"/us/usc/t41/s4705/d/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Abatement.\u2014"},{"t":"content","text":"Order the contractor to take affirmative action to abate the reprisal.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s4705/d/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Reinstatement.\u2014"},{"t":"content","text":"Order the contractor to reinstate the individual to the position that the individual held before the reprisal, together with the compensation (including back pay), 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.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s4705/d/1/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Payment.\u2014"},{"t":"content","text":"Order the contractor to pay the complainant an amount equal to the aggregate amount of all costs and expenses (including attorneys\u2019 fees and expert witnesses\u2019 fees) that the complainant reasonably incurred for, or in connection with, bringing the complaint regarding the reprisal, as determined by the head of the executive agency.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s4705/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Enforcement order.\u2014"},{"t":"content","text":"When a contractor fails to comply with an order issued under paragraph (1), the head of the executive agency shall file an action for enforcement of the order in the United States district court for a district in which the reprisal was found to have occurred. In an action brought under this paragraph, the court may grant appropriate relief, including injunctive relief and compensatory and exemplary damages.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s4705/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Review of enforcement order.\u2014"},{"t":"content","text":"A person adversely affected or aggrieved by an order issued under paragraph (1) may obtain review of the order\u2019s conformance with this subsection, and 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. A petition seeking review must be filed no more than 60 days after the head of the agency issues the order. Review shall conform to chapter 7 of title 5.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t41/s4705/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Scope of Section.\u2014"},{"t":"chapeau","text":"This section does not\u2014"},{"t":"para","id":"/us/usc/t41/s4705/e/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" authorize the discharge of, demotion of, or discrimination against an employee for a disclosure other than a disclosure protected by subsection (b); or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s4705/e/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" modify or derogate from a right or remedy otherwise available to the employee.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t41/s4705/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Four-year Suspension of Effectiveness While Pilot Program Is in Effect.\u2014"},{"t":"content","text":"While section 4712\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" of this title is in effect, this section shall not be in effect."}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}