§ 265. — Contractor employees: protection from reprisal for disclosure of certain information.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC265]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 4--PROCUREMENT PROCEDURES
SUBCHAPTER IV--PROCUREMENT PROVISIONS
Sec. 265. Contractor employees: protection from reprisal for
disclosure of certain information
(a) Prohibition of reprisals
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).
(b) Investigation of complaints
A person who believes that the person has been subjected to a
reprisal prohibited by subsection (a) of this section 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, upon completion
of such investigation, submit a report of the findings of the
investigation to the person, the contractor concerned, and the head of
the agency. In the case of an executive agency that 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.
(c) Remedy and enforcement authority
(1) If the head of an executive agency determines that a contractor
has subjected a person to a reprisal prohibited by subsection (a) of
this section, the head of the executive agency may take one or more of
the following actions:
(A) Order the contractor to take affirmative action to abate the
reprisal.
(B) Order the contractor to reinstate the person to the position
that the person 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 person in
that position if the reprisal had not been taken.
(C) Order the contractor 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
executive agency.
(2) Whenever a person fails to comply with an order issued under
paragraph (1), the head of the executive 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 and compensatory and exemplary damages.
(3) Any person adversely affected or aggrieved by an order issued
under paragraph (1) 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.
(d) Construction
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) of this section or
to modify or derogate from a right or remedy otherwise available to the
employee.
(e) Definitions
In this section:
(1) The term ``contract'' means a contract awarded by the head
of an executive agency.
(2) The term ``contractor'' means a person awarded a contract
with an executive agency.
(3) The term ``Inspector General'' means an Inspector General
appointed under the Inspector General Act of 1978.
(June 30, 1949, ch. 288, title III, Sec. 315, as added Pub. L. 103-355,
title VI, Sec. 6006, Oct. 13, 1994, 108 Stat. 3365; amended Pub. L. 104-
106, div. D, title XLIII, Sec. 4321(e)(8), Feb. 10, 1996, 110 Stat.
675.)
References in Text
The Inspector General Act of 1978, referred to in subsec. (e)(3), is
Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
Amendments
1996--Subsec. (b). Pub. L. 104-106 substituted ``Inspector General''
for ``inspector general'' after ``does not have an'' and after ``the
duties of the''.
Effective Date of 1996 Amendment
For effective date and applicability of amendment by Pub. L. 104-
106, see section 4401 of Pub. L. 104-106, set out as a note under
section 251 of this title.
Effective Date
For effective date and applicability of section, see section 10001
of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment note
under section 251 of this title.
