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41 U.S.C. § 4712 — Enhancement of contractor protection from reprisal for disclosure of certain information
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
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Source file: Laws/federal/codes/united-states-code/title-41/section-4712-enhancement-of-contractor-protection-from-reprisal-for-disclosure-of-cer--2adf46c78b.md
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Source location: Title 41, Chapter 47, § 4712; chapter-047-chapter-47.md
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**(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 disclosure covered by such paragraph; and
(B) a reprisal described in paragraph (1) is prohibited even if it is undertaken at the request of an executive branch official, unless the request takes the form of a non-discretionary directive and is within the authority of the executive branch official making the request.
**(b) Investigation of Complaints.—**
(1) **Submission of complaint.—** — A person who believes that the person has been subjected to a reprisal prohibited by subsection (a) may submit a complaint to the Inspector General of the executive agency involved. Unless the Inspector General determines that the complaint is frivolous, fails to allege a violation of the prohibition in subsection (a), or has previously been addressed in another Federal or State judicial or administrative proceeding initiated by the complainant, 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, subcontractor, grantee, subgrantee, or personal services contractor concerned, and the head of the agency.
(2) **Inspector general action.—**
(A) *Determination or submission of report on findings.—* — Except as provided under subparagraph (B), the Inspector General shall make a determination that a complaint is frivolous, fails to allege a violation of the prohibition in subsection (a), or has previously been addressed in another Federal or State judicial or administrative proceeding initiated by the complainant or submit a report under paragraph (1) within 180 days after receiving the complaint.
(B) *Extension of time.—* — If the Inspector General is unable to complete an investigation in time to submit a report within the 180-day period specified in 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, up to 180 days, as shall be agreed upon between the Inspector General and the person submitting the complaint.
(3) **Prohibition on disclosure.—** — The Inspector General may not respond to any inquiry or disclose any information from or about any person alleging the reprisal, except to the extent that such response or disclosure is—
(A) made with the consent of the person alleging the reprisal;
(B) made in accordance with the provisions of [section 552a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim) or as required by any other applicable Federal law; or
(C) necessary to conduct an investigation of the alleged reprisal.
(4) **Time limitation.—** — A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place.
**(c) Remedy and Enforcement Authority.—**
(1) **In general.—** — Not later than 30 days after receiving an Inspector General report pursuant to subsection (b), the head of the executive agency concerned shall determine whether there is sufficient basis to conclude that the contractor, subcontractor, grantee, subgrantee, or personal services contractor concerned has subjected the complainant to a reprisal prohibited by subsection (a) and shall either issue an order denying relief or shall take one or more of the following actions:
(A) Order the contractor, subcontractor, grantee, subgrantee, or personal services contractor to take affirmative action to abate the reprisal.
(B) Order the contractor, subcontractor, grantee, subgrantee, or personal services contractor to reinstate the person to the position that the person held before the reprisal, together with compensatory damages (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, subcontractor, grantee, subgrantee, or personal services 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.
(D) Consider disciplinary or corrective action against any official of the executive agency, if appropriate.
(2) **Exhaustion of remedies.—** — If the head of an executive agency issues an order denying relief under paragraph (1) or 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 paragraph (b)(2)(B), not later than 30 days after the expiration of the extension of time, and there is no showing that such delay 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 contractor, subcontractor, grantee, subgrantee, or personal services contractor 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. An action under this paragraph may not be brought more than two years after the date on which remedies are deemed to have been exhausted.
(3) **Admissibility of evidence.—** — An Inspector General determination and an agency head order denying relief under paragraph (2) shall be admissible in evidence in any de novo action at law or equity brought pursuant to this subsection.
(4) **Enforcement of orders.—** — Whenever a person fails to comply with an order issued under paragraph (1), the head of the executive agency concerned 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 attorney fees and costs. The person upon whose behalf an order was issued may also file such an action or join in an action filed by the head of the executive agency.
(5) **Judicial review.—** — 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 executive agency. Review shall conform to chapter 7 of title 5. Filing such an appeal shall not act to stay the enforcement of the order of the head of an executive agency, unless a stay is specifically entered by the court.
(6) **Burdens of proof.—** — The legal burdens of proof specified in [section 1221(e) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1221/e&num=0&edition=prelim) shall be controlling for the purposes of any investigation conducted by an Inspector General, decision by the head of an executive agency, or judicial or administrative proceeding to determine whether discrimination prohibited under this section has occurred.
(7) **Rights and remedies not waivable.—** — The rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment.
**(d) Notification of Employees.—** The head of each executive agency shall ensure that contractors, subcontractors, grantees, subgrantees, and personal services contractors of the agency inform their employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.
**(e) 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) or to modify or derogate from a right or remedy otherwise available to the employee.
**(f) Exceptions.—**
(1) This section shall not apply to any element of the intelligence community, as defined in section 3(4) of the National Security Act of 1947 ([50 U.S.C. 401a(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section401a/4&num=0&edition=prelim)).
(2) This section shall not apply to any disclosure made by an employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor of an element of the intelligence community if such disclosure—
(A) relates to an activity of an element of the intelligence community; or
(B) was discovered during contract, subcontract, grantee, subgrantee, or personal services contractor services provided to an element of the intelligence community.
**(g) Definitions.—** In this section:
(1) The term “abuse of authority” means an arbitrary and capricious exercise of authority that is inconsistent with the mission of the executive agency concerned or the successful performance of a contract or grant of such agency.
(2) The term “Inspector General” means an Inspector General appointed under chapter 4 of title 5 and any Inspector General that receives funding from, or has oversight over contracts or grants awarded for or on behalf of, the executive agency concerned.
**(h) Construction.—** Nothing in this section, or the amendments made by this section,11 So in original. shall be construed to provide any rights to disclose classified information not otherwise provided by law.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** For purposes of this section—
(1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title;
(2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence;
(3) the term “maintain” includes maintain, collect, use, or disseminate;
(4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;
(5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual;
(6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim);
(7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected;
(8) the term “matching program”—
(A) means any computerized comparison of—
(i) two or more automated systems of records or a system of records with non-Federal records for the purpose
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Costs.—** — The term “costs”, with respect to a proceeding, means all costs incurred by a contractor, subcontractor, or personal services contractor, whether before or after the commencement of the proceeding, including—
(A) administrative and clerical expenses;
(B) the cost of legal services, including legal services performed by an employee of the contractor, subcontractor, or personal services contractor;
(C) the cost of the services of accountants and consultants retained by the contractor, subcontractor, or personal services contractor; and
(D) the pay of directors, officers, and employees of the contractor, subcontractor, or personal services contractor for time devoted by those directors, officers, and employees to the proceeding.
(2) **Penalty.—** — The term “penalty” does not include restitution, reimbursement, or compensatory damages.
(3) **Proceeding.—** — The term “proceeding” includes an investigation.
**(b) In General.—** Except as otherwise provided in this section, costs incurred by a contractor, subcontractor, or personal services contractor in connection with a criminal, civil, or administrative proceeding commenced by the Federal Government, by a State, or by a contractor, subcontractor, or personal services contractor or grantee employee submitting a complaint under [section 4712 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim) are not allowable as reimbursable costs under a covered contract, subcontract, or personal services contract if the proceeding—
(1) relates to a violation of, or failure to comply with, a Federal or State statute or regulation or to any other activity described in [section 4712(a)(1) of this title]
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4310
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4705
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Persons subject to penalty** Any person who has entered into an agreement of indemnification under [section 2210(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2210/d&num=0&edition=prelim) (or any subcontractor or supplier thereto) who violates (or whose employee violates) any applicable rule, regulation or order related to nuclear safety prescribed or issued by the Secretary of Energy pursuant to this chapter (or expressly incorporated by reference by the Secretary for purposes of nuclear safety, except any rule, regulation, or order issued by the Secretary of Transportation), or who violates any applicable law, rule, regulation, or order related to nuclear safety whistleblower protections, shall be subject to a civil penalty of not to exceed $100,000 for each such violation. If any violation under this subsection is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The Secretary of Energy may carry out this section with respect to the National Nuclear Security Administration by acting through the Administrator for Nuclear Security.
**(b) Determination of amount**
(1) The Secretary shall have the power to compromise, modify or remit, with or without conditions, such civil penalties and to prescribe regulations as he may deem necessary to implement this section.
(2) In determining the amount of any civil penalty under this subsection, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and such other ma
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2282a
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Federal law — U.S. Code and appendices · legal_authorities
Page 144
TITLE 41—PUBLIC CONTRACTS
§ 4711
(b)
REGULATIONS.—For
executive
agencies
other than the Department of Defense, the Fed-
eral Acquisition Regulation shall—
(1) require contractors to minimize the ex-
cessive use of subcontractors, or of tiers of
subcontractors, that add no or negligible
value; and
(2) ensure that neither a contractor nor a
subcontractor receives indirect costs or profit
on work performed by a lower-tier subcon-
tractor to which the higher-tier contractor or
subcontractor adds no or negligible value (but
not to limit charges for indirect costs and
profit based on the direct costs of managing
lower-tier subcontracts).
(c) COVERED CONTRACTS.—This section applies
to any cost-reimbursement type contract or
task or delivery order in an amount greater
than the simplified acquisition threshold (as de-
fined by section 134 of this title).
(d) RULE
OF CONSTRUCTION.—Nothing in this
section shall be construed as limiting the ability
of the Department of Defense to implement
more restrictive limitations on the tiering of
subcontractors.
(e) APPLICABILITY.—The Department of De-
fense shall continue to be subject to guidance on
limitations on tiering of subcontractors issued
by the Department of Defense pursuant to sec-
tion 852 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public
Law 109–364, 10 U.S.C. 2324 note).
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3800.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
4710 ............
41:254b note.
Pub. L. 110–417, [div. A],
title VIII, § 866, Oct. 14,
2008, 122 Stat. 4551.
In subsection (b), the words ‘‘Not later than one year
after the date of the enactment of this Act’’ are omit-
ted because of sectio
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 4712
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 442b, comprising section 1103 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3233&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 401a
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Federal law — U.S. Code and appendices · legal_authorities
Page 69
TITLE 50—WAR AND NATIONAL DEFENSE
§ 401a
26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501, related to
distribution of information.
A prior section 331, act Sept. 16, 1942, ch. 561, title III,
§ 301, as added Apr. 1, 1944, ch. 150, 58 Stat. 140, related
to establishment of United States War Ballot Commis-
sion and was repealed by act Apr. 19, 1946, ch. 142, 60
Stat. 96.
Statutory Notes and Related Subsidiaries
ADDITIONAL REPEAL
Sections 321 to 331 were also repealed by act Aug. 10,
1956, ch. 1041, § 53, 70A Stat. 641.
§§ 332 to 340. Repealed. Apr. 19, 1946, ch. 142, 60
Stat. 96
Section 332, act Sept. 16, 1942, ch. 561, title III, § 302,
as added Apr. 1, 1944, ch. 150, 58 Stat. 140, related to per-
sons subject to this subchapter.
Section 333, act Sept. 16, 1942, ch. 561, title III, § 303,
as added Apr. 1, 1944, ch. 150, 58 Stat. 141, related to
Federal war ballots.
Section 334, act Sept. 16, 1942, ch. 561, title III, § 304,
as added Apr. 1, 1944, ch. 150, 58 Stat. 143, related to ad-
ministration of oaths.
Section 335, act Sept. 16, 1942, ch. 561, title III, § 305,
as added Apr. 1, 1944, ch. 150, 58 Stat. 143, related to ad-
ministration of this subchapter.
Section 336, act Sept. 16, 1942, ch. 561, title III, § 306,
as added Apr. 1, 1944, ch. 150, 58 Stat. 144, related to
lists of candidates.
Section 337, act Sept. 16, 1942, ch. 561, title III, § 307,
as added Apr. 1, 1944, ch. 150, 58 Stat. 144, related to dis-
tribution and collection of ballots.
Section 338, act Sept. 16, 1942, ch. 561, title III, § 308,
as added Apr. 1, 1944, ch. 150, 58 Stat. 145, related to
merchant marine ballots.
Section 339, act Sept. 16, 1942, ch. 561, title III, § 309,
as added Apr. 1, 1944, ch. 150, 58 Stat. 145, related to
transmission of ballots.
Se
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 401a
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 401a. This identifies an authority to review, not proof of applicability.