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41 U.S.C. § 4705 — Protection of contractor employees from reprisal for disclosure of certain information
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Contract.—** — The term “contract” means a contract awarded by the head of an executive agency.
(2) **Contractor.—** — The term “contractor” means a person awarded a contract with an executive agency.
(3) **Inspector general.—** — The term “Inspector General” means an Inspector General appointed under chapter 4 of title 5.
**(b) 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).
**(c) Investigation of Complaints.—** 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.
**(d) Remedy and Enforcement Authority.—**
(1) **Actions contractor may be ordered to take.—** — 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 action
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Source file: Laws/federal/codes/united-states-code/title-41/section-4705-protection-of-contractor-employees-from-reprisal-for-disclosure-of-certa--ae57042238.md
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Source location: Title 41, Chapter 47, § 4705; chapter-047-chapter-47.md
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**(a) Definitions.—** In this section:
(1) **Contract.—** — The term “contract” means a contract awarded by the head of an executive agency.
(2) **Contractor.—** — The term “contractor” means a person awarded a contract with an executive agency.
(3) **Inspector general.—** — The term “Inspector General” means an Inspector General appointed under chapter 4 of title 5.
**(b) 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).
**(c) Investigation of Complaints.—** 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.
**(d) Remedy and Enforcement Authority.—**
(1) **Actions contractor may be ordered to take.—** — 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:
(A) *Abatement.—* — Order the contractor to take affirmative action to abate the reprisal.
(B) *Reinstatement.—* — 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.
(C) *Payment.—* — 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 the complainant reasonably incurred for, or in connection with, bringing the complaint regarding the reprisal, as determined by the head of the executive agency.
(2) **Enforcement order.—** — 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.
(3) **Review of enforcement order.—** — A person adversely affected or aggrieved by an order issued under paragraph (1) may obtain review of the order’s 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.
**(e) Scope of Section.—** This section does not—
(1) authorize the discharge of, demotion of, or discrimination against an employee for a disclosure other than a disclosure protected by subsection (b); or
(2) modify or derogate from a right or remedy otherwise available to the employee.
**(f) Four-year Suspension of Effectiveness While Pilot Program Is in Effect.—** While section 4712 11 See References in Text note below. of this title is in effect, this section shall not be in effect.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition of Reprisals.—**
(1) **In general.—** — An employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (2) information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant.
(2) **Persons and bodies covered.—** — The persons and bodies described in this paragraph are the persons and bodies as follows:
(A) A Member of Congress or a representative of a committee of Congress.
(B) An Inspector General.
(C) The Government Accountability Office.
(D) A Federal employee responsible for contract or grant oversight or management at the relevant agency.
(E) An authorized official of the Department of Justice or other law enforcement agency.
(F) A court or grand jury.
(G) A management official or other employee of the contractor, subcontractor, grantee, subgrantee, or personal services contractor who has the responsibility to investigate, discover, or address misconduct.
(3) **Rules of construction.—** — For the purposes of paragraph (1)—
(A) an employee who initiates or provides evidence of contractor, subcontractor, grantee, subgrantee, or personal services contractor misconduct in any judicial or administrative proceeding relating to waste, fraud, or abuse on a Federal contract or grant shall be deemed to have made a dis
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4712
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—** In carrying out this part, the Administrator of the Federal Aviation Administration—
(1) to the extent that amounts are available for obligation, may acquire services or, by condemnation or otherwise, an interest in property, including an interest in airspace immediately adjacent to and needed for airports and other air navigation facilities owned by the United States Government and operated by the Administrator;
(2) may construct and improve laboratories and other test facilities; and
(3) may dispose of any interest in property for adequate compensation, and the amount so received shall—
(A) be credited to the appropriation current when the amount is received;
(B) be merged with and available for the purposes of such appropriation; and
(C) remain available until expended.
**(b) Purchase of Housing Units.—**
(1) **Authority.—** — In carrying out this part, the Administrator may purchase a housing unit (including a condominium or a housing unit in a building owned by a cooperative) that is located outside the contiguous United States if the cost of the unit is $300,000 or less.
(2) **Adjustments for inflation.—** — For fiscal years beginning after September 30, 1997, the Administrator may adjust the dollar amount specified in paragraph (1) to take into account increases in local housing costs.
(3) **Continuing obligations.—** — Notwithstanding [section 1341 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341&num=0&edition=prelim), the Administrator may purchase a housing unit under paragraph (1) even if there is an obligation thereafter to pay necessary and reasonable fees duly assessed upon such unit, including fees related to operation, maintenance, taxes, and insurance.
(4) **Certification to
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40110
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Federal law — U.S. Code and appendices · legal_authorities
Page 140
TITLE 41—PUBLIC CONTRACTS
§ 4704
or subcontractor, as appropriate, is liable to
the Federal Government for payment of the
cost to the Federal Government of reviewing
the asserted restriction and the fees and
other
expenses
(as
defined
in
section
2412(d)(2)(A) of title 28) incurred by the Fed-
eral Government in challenging the asserted
restriction, unless special circumstances
would make the payment unjust.
(2) CHALLENGE NOT SUSTAINED.—If the con-
tracting officer’s challenge to the restriction
on the right of the Federal Government to use
technical data is not sustained on final dis-
position, the Federal Government—
(A) continues to be bound by the restric-
tion; and
(B) is liable for payment to the party as-
serting the restriction for fees and other ex-
penses (as defined in section 2412(d)(2)(A) of
title 28) incurred by the party asserting the
restriction in defending the asserted restric-
tion if the challenge by the Federal Govern-
ment is found not to be made in good faith.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3794.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
4703(a) ........
41:253d(a).
June 30, 1949, ch. 288, title
III, § 303D, formerly § 303E,
as added Pub. L. 98–577,
title II, § 203(a), Oct. 30,
1984, 98 Stat. 3071; renum-
bered
§ 303D,
Pub.
L.
99–145,
title
XIII,
§ 1304(c)(4)(A), Nov. 8, 1985,
99 Stat. 742.
4703(b) ........
41:253d(b).
4703(c) ........
41:253d(c) (1st sen-
tence).
4703(d) ........
41:253d(c) (last sen-
tence).
4703(e) ........
41:253d(d).
4703(f) ........
41:253d(e).
4703(g) ........
41:253d(f).
§ 4704. Prohibition of contractors limiting sub-
contractor sales directly to Federal Govern-
ment
(a) CONTRACT
RESTRICTIONS.—Each contrac
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 4705
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