10 U.S.C. § 4701 — Contractor employees: protection from re-

Page 2824 TITLE 10—ARMED FORCES § 4701 ‘‘(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall update Department of De- fense policy and guidance and the Department of De- fense Supplement to the Federal Acquisition Regula- tion to provide specific guidance to Department of De- fense employees and contractors performing a Depart- ment of Defense contract that supports United States Armed Forces deployed outside of the United States on monitoring and reporting allegations of gross viola- tions of internationally recognized human rights. ‘‘(b) REPORT.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Sec- retary of Defense, with the concurrence of the Sec- retary of State, shall submit to the appropriate con- gressional committees a report that describes— ‘‘(1) the policies and procedures in place to obtain information about possible cases of gross violations of internationally recognized human rights from De- partment of Defense contractors described in sub- section (a), including the methods for tracking cases; and ‘‘(2) the resources needed to investigate reports made pursuant to subsection (a). ‘‘(c) FORM OF REPORT.—The report required by sub- section (b) shall be submitted in unclassified form, but may include a classified annex. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—the term ‘appropriate congressional committees’ means— ‘‘(A) the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives]; and ‘‘(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. ‘‘(2) GROSS VIOLATIONS OF INTERNATIONALLY RECOG- NIZED HUMAN RIGHTS.—The term ‘gross violations of internationally recognized human rights’ has the meaning given such term in subsection (d)(1) of sec- tion 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304).’’ PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE BUSINESS OPERATIONS WITH THE MADURO RE- GIME Pub. L. 116–92, div. A, title VIII, § 890, Dec. 20, 2019, 133 Stat. 1538, provided that: ‘‘(a) PROHIBITION.—Except as provided under sub- sections (c), (d), and (e), the Department of Defense may not enter into a contract for the procurement of goods or services with any person that has business op- erations with an authority of the Government of Ven- ezuela that is not recognized as the legitimate Govern- ment of Venezuela by the United States Government. ‘‘(b) EXCEPTIONS.— ‘‘(1) IN GENERAL.—The prohibition under subsection (a) does not apply to a contract that the Secretary of Defense and the Secretary of State jointly deter- mine— ‘‘(A) is necessary— ‘‘(i) for purposes of providing humanitarian as- sistance to the people of Venezuela; ‘‘(ii) for purposes of providing disaster relief and other urgent life-saving measures; or ‘‘(iii) to carry out noncombatant evacuations; or ‘‘(B) is vital to the national security interests of the United States. ‘‘(2) NOTIFICATION REQUIREMENT.—The Secretary of Defense shall notify the congressional defense com- mittees [Committees on Armed Services and Appro- priations of the Senate and the House of Representa- tives], the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate of any contract entered into on the basis of an exception provided for under para- graph (1). ‘‘(c) OFFICE OF FOREIGN ASSETS CONTROL LICENSES.— The prohibition in subsection (a) shall not apply to a person that has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury. ‘‘(d) AMERICAN DIPLOMATIC MISSION IN VENEZUELA.— The prohibition in subsection (a) shall not apply to contracts related to the operation and maintenance of the United States Government’s consular offices and diplomatic posts in Venezuela. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) BUSINESS OPERATIONS.—The term ‘business op- erations’ means engaging in commerce in any form, including acquiring, developing, maintaining, own- ing, selling, possessing, leasing, or operating equip- ment, facilities, personnel, products, services, per- sonal property, real property, or any other apparatus of business or commerce. ‘‘(2) GOVERNMENT OF VENEZUELA.—The term ‘Gov- ernment of Venezuela’ includes the government of any political subdivision of Venezuela, and any agen- cy or instrumentality of the Government of Ven- ezuela. For purposes of this paragraph, the term ‘agency or instrumentality of the Government of Venezuela’ means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such sec- tion to ‘a foreign state’ deemed to be a reference to ‘Venezuela’. ‘‘(3) PERSON.—The term ‘person’ means— ‘‘(A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; ‘‘(B) any governmental entity or instrumentality of a government, including a multilateral develop- ment institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and ‘‘(C) any successor, subunit, parent entity, or sub- sidiary of, or any entity under common ownership or control with, any entity described in subpara- graph (A) or (B). ‘‘(f) APPLICABILITY.—This section shall apply with re- spect to any contract entered into on or after the date of the enactment of this section [Dec. 20, 2019].’’ § 4701. Contractor employees: protection from re- prisal for disclosure of certain information (a) PROHIBITION OF REPRISALS.—(1) An em- ployee of a contractor, subcontractor, grantee, or 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 be- lieves is evidence of the following: (A) Gross mismanagement of a Department of Defense contract or grant, a gross waste of Department funds, an abuse of authority relat- ing to a Department contract or grant, or a violation of law, rule, or regulation related to a Department contract (including the com- petition for or negotiation of a contract) or grant. (B) Gross mismanagement of a National Aer- onautics and Space Administration contract or grant, a gross waste of Administration funds, an abuse of authority relating to an Ad- ministration contract or grant, or a violation of law, rule, or regulation related to an Ad- ministration contract (including the competi- tion for or negotiation of a contract) or grant. (C) A substantial and specific danger to pub- lic health or safety. (2) The persons and bodies described in this paragraph are the persons and bodies as follows: Page 2825 TITLE 10—ARMED FORCES § 4701 (A) A Member of Congress or a representa- tive of a committee of Congress. (B) An Inspector General. (C) The Government Accountability Office. (D) An employee of the Department of De- fense or the National Aeronautics and Space Administration, as applicable, responsible for contract oversight or management. (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 em- ployee of the contractor, subcontractor, grant- ee, subgrantee, or personal services contractor who has the responsibility to investigate, dis- cover, or address misconduct. (3) For the purposes of paragraph (1)— (A) an employee who initiates or provides evidence of contractor, subcontractor, grant- ee, subgrantee, or personal services contractor misconduct in any judicial or administrative proceeding relating to waste, fraud, or abuse on a Department of Defense or National Aero- nautics and Space Administration contract or grant shall be deemed to have made a disclo- sure covered by such paragraph; and (B) a reprisal described in paragraph (1) is prohibited even if it is undertaken at the re- quest of a Department or Administration offi- cial, unless the request takes the form of a nondiscretionary directive and is within the authority of the Department or Administra- tion official making the request. (b) INVESTIGATION OF COMPLAINTS.—(1) A per- son who believes that the person has been sub- jected to a reprisal prohibited by subsection (a) may submit a complaint to the Inspector Gen- eral of the Department of Defense, or the Inspec- tor General of the National Aeronautics and Space Administration in the case of a complaint regarding the National Aeronautics and Space Administration. Unless the Inspector General determines that the complaint is frivolous, fails to allege a violation of the prohibition in sub- section (a), or has previously been addressed in another Federal or State judicial or administra- tive proceeding initiated by the complainant, the Inspector General shall investigate the com- plaint and, upon completion of such investiga- tion, submit a report of the findings of the in- vestigation to the person, the contractor, sub- contractor, grantee, subgrantee, or personal services contractor concerned, and the head of the agency. (2)(A) Except as provided under subparagraph (B), the Inspector General shall make a deter- mination that a complaint is frivolous, fails to allege a violation of the prohibition in sub- section (a), or has previously been addressed in another Federal or State judicial or administra- tive proceeding initiated by the complainant or submit a report under paragraph (1) within 180 days after receiving the complaint. (B) If the Inspector General is unable to com- plete an investigation in time to submit a report within the 180-day period specified in subpara- graph (A) and the person submitting the com- plaint agrees to an extension of time, the In- spector General shall submit a report under paragraph (1) within such additional period of time, up to 180 days, as shall be agreed upon be- tween the Inspector General and the person sub- mitting the complaint. (3) 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 al- leging the reprisal; (B) made in accordance with the provisions of section 552a of title 5 or as required by any other applicable Federal law; or (C) necessary to conduct an investigation of the alleged reprisal. (4) 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) Not later than 30 days after receiving an Inspec- tor General report pursuant to subsection (b), the head of the agency concerned shall deter- mine whether there is sufficient basis to con- clude that the contractor, subcontractor, grant- ee, 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 con- tractor to take affirmative action to abate the reprisal. (B) Order the contractor, subcontractor, grantee, subgrantee, or personal services con- tractor to reinstate the person to the position that the person held before the reprisal, to- gether 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 con- tractor 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. (D) Consider disciplinary or corrective ac- tion against any official of the Department of Defense. (2) Not later than 30 days after receiving an In- spector General report pursuant to subsection (b), the head of the agency concerned shall no- tify the complainant and the Inspector General, in writing, of either the actions ordered or the decision to deny relief. After such notification, if the head of the agency concerned changes the actions ordered or the decision to deny relief, the head of the agency concerned shall notify the complainant and the Inspector General, in writing, of the change not later than 30 days after the change occurs. (3) 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 Page 2826 TITLE 10—ARMED FORCES § 4701 paragraph (2)(B) of such subsection, not later than 30 days after the expiration of the exten- sion 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 ex- hausted all administrative remedies with re- spect 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. (4) An Inspector General determination and an agency head order denying relief under para- graph (3) shall be admissible in evidence in any de novo action at law or equity brought pursu- ant to this subsection. (5) Whenever a person fails to comply with an order issued under paragraph (1), 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 re- lief, including injunctive relief, compensatory and exemplary damages, and reasonable attor- ney fees and costs. The person upon whose be- half an order was issued may also file such an action or join in an action filed by the head of the agency. (6) Any person adversely affected or aggrieved by an order issued under paragraph (1) may ob- tain 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 al- leged 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. Filing such an appeal shall not act to stay the enforcement of the order of the head of an agency, unless a stay is specifically entered by the court. (7) The legal burdens of proof specified in sec- tion 1221(e) of title 5 shall be controlling for the purposes of any investigation conducted by an Inspector General, decision by the head of an agency, or judicial or administrative proceeding to determine whether discrimination prohibited under this section has occurred. (8) The rights and remedies provided for in this section may not be waived by any agree- ment, policy, form, or condition of employment. (d) NOTIFICATION OF EMPLOYEES.—The Sec- retary of Defense and the Administrator of the National Aeronautics and Space Administration shall ensure that contractors, subcontractors, grantees, subgrantees, or personal services con- tractors of the Department of Defense and the National Aeronautics and Space Administra- tion, as applicable, inform their employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. (e) EXCEPTIONS.—(1) This section shall not apply to any element of the intelligence commu- nity, as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). (2) This section shall not apply to any disclo- sure made by an employee of a contractor, sub- contractor, grantee, subgrantee, or personal services contractor of an element of the intel- ligence community if such disclosure— (A) relates to an activity of an element of the intelligence community; or (B) was discovered during contract, sub- contract, grantee, or subgrantee services pro- vided to an element of the intelligence com- munity. (f) CONSTRUCTION.—Nothing in this section may be construed to authorize the discharge of, demotion of, or discrimination against an em- ployee for a disclosure other than a disclosure protected by subsection (a) or to modify or dero- gate from a right or remedy otherwise available to the employee. (g) DEFINITIONS.—In this section: (1) The term ‘‘agency’’ means an agency named in section 3063 of this title. [(2) Repealed. Pub. L. 116–283, div. A, title XVIII, § 1863(c)(2), Jan. 1, 2021, 134 Stat. 4278.] (3) The term ‘‘contract’’ means a contract awarded by the head of an agency. (4) The term ‘‘contractor’’ means a person awarded a contract with an agency. (5) 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 Sec- retary of Defense. (6) The term ‘‘abuse of authority’’ means the following: (A) An arbitrary and capricious exercise of authority that is inconsistent with the mis- sion of the Department of Defense or the successful performance of a Department con- tract or grant. (B) An arbitrary and capricious exercise of authority that is inconsistent with the mis- sion of the National Aeronautics and Space Administration or the successful perform- ance of an Administration contract or grant. (7) The term ‘‘grantee’’ means a person awarded a grant with an agency. (Added Pub. L. 99–500, § 101(c) [title X, § 942(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–162, and Pub. L. 99–591, § 101(c) [title X, § 942(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–162, § 2409; Pub. L. 99–661, div. A, title IX, formerly title IV, § 942(a)(1), Nov. 14, 1986, 100 Stat. 3942, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L. 102–25, title VII, § 701(k)(1), Apr. 6, 1991, 105 Stat. 116; Pub. L. 102–484, div. A, title X, § 1052(30)(A), Oct. 23, 1992, 106 Stat. 2500; Pub. L. 103–355, title VI, § 6005(a), Oct. 13, 1994, 108 Stat. 3364; Pub. L. 104–106, div. D, title XLIII, § 4321(a)(10), Feb. 10, 1996, 110 Stat. 671; Pub. L. 110–181, div. A, title VIII, § 846, Jan. 28, 2008, 122 Stat. 241; Pub. L. 112–239, div. A, title VIII, § 827(a)–(f), Jan. 2, 2013, 126 Stat. 1833–1836; Pub. L. 113–291, div. A, title VIII, § 856, title X, Page 2827 TITLE 10—ARMED FORCES § 4701 § 1071(c)(10), Dec. 19, 2014, 128 Stat. 3460, 3509; Pub. L. 114–261, § 1(a)(1), Dec. 14, 2016, 130 Stat. 1362; renumbered § 4701 and amended Pub. L. 116–283, div. A, title XVIII, § 1863(b), (c), Jan. 1, 2021, 134 Stat. 4278; Pub. L. 117–263, div. A, title VIII, § 807(a), Dec. 23, 2022, 136 Stat. 2703; Pub. L. 117–286, § 4(b)(28), Dec. 27, 2022, 136 Stat. 4346; Pub. L. 118–159, div. A, title VIII, § 837, Dec. 23, 2024, 138 Stat. 1987.) Editorial Notes CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 added identical sections. AMENDMENTS 2024—Subsec. (c)(2). Pub. L. 118–159, § 837(2), added par. (2). Former par. (2) redesignated (3). Subsec. (c)(3). Pub. L. 118–159, § 837(1), (3), redesig- nated par. (2) as (3) and substituted ‘‘paragraph (2)(B) of such subsection’’ for ‘‘paragraph (b)(2)(B)’’. Former par. (3) redesignated (4). Subsec. (c)(4). Pub. L. 118–159, § 837(1), (4), redesig- nated par. (3) as (4) and substituted ‘‘paragraph (3)’’ for ‘‘paragraph (2)’’. Former par. (4) redesignated (5). Subsec. (c)(5) to (8). Pub. L. 118–159, § 837(1), redesig- nated pars. (4) to (7) as (5) to (8), respectively. 2022—Subsec. (a)(2)(G), (3)(A). Pub. L. 117–263, § 807(a)(1)(A), (B), substituted ‘‘, subcontractor, grant- ee, subgrantee, or personal services contractor’’ for ‘‘or subcontractor’’. Subsec. (b)(1). Pub. L. 117–263, § 807(a)(2), substituted ‘‘contractor, subcontractor, grantee, subgrantee, or personal services contractor concerned’’ for ‘‘con- tractor concerned’’. Subsec. (c)(1). Pub. L. 117–263, § 807(a)(3)(A)(i), sub- stituted ‘‘contractor, subcontractor, grantee, sub- grantee, or personal services contractor concerned’’ for ‘‘contractor concerned’’ in introductory provisions. Subsec. (c)(1)(A) to (C). Pub. L. 117–263, § 807(a)(3)(A)(ii)–(iv), inserted ‘‘, subcontractor, grantee, subgrantee, or personal services contractor’’ after ‘‘contractor’’. Subsec. (c)(1)(D). Pub. L. 117–263, § 807(a)(3)(A)(v), added subpar. (D). Subsec. (c)(2). Pub. L. 117–263, § 807(a)(3)(B), inserted ‘‘, subcontractor, grantee, subgrantee, or personal serv- ices contractor’’ after ‘‘contractor’’. Subsec. (d). Pub. L. 117–263, § 807(a)(4), substituted ‘‘, subcontractors, grantees, subgrantees, or personal services contractors’’ for ‘‘and subcontractors’’. Subsec. (e)(2). Pub. L. 117–263, § 807(a)(5)(A), sub- stituted ‘‘grantee, subgrantee, or personal services con- tractor of’’ for ‘‘or grantee of’’ in introductory provi- sions. Subsec. (e)(2)(B). Pub. L. 117–263, § 807(a)(5)(B), sub- stituted ‘‘grantee, or subgrantee’’ for ‘‘or grantee’’. Subsec. (g)(5). Pub. L. 117–286, which directed amend- ment of section 2409(g)(5) of this title by substituting ‘‘chapter 4 of title 5’’ for ‘‘the Inspector General Act of 1978’’, was executed to subsec. (g)(5) of this section, to reflect the probable intent of Congress and the amend- ment by Pub. L. 116–283, § 1863(b), which had renum- bered section 2409 of this title as this section. See 2021 Amendment note below. Pub. L. 117–263, § 807(a)(6), inserted ‘‘or grants’’ after ‘‘contracts’’. 2021—Pub. L. 116–283, § 1863(b), renumbered section 2409 of this title as this section. Subsec. (g)(1). Pub. L. 116–283, § 1863(c)(1), substituted ‘‘section 3063’’ for ‘‘section 2303’’. Subsec. (g)(2). Pub. L. 116–283, § 1863(c)(2), struck out par. (2) which defined ‘‘head of an agency’’. 2016—Subsec. (a)(1). Pub. L. 114–261 inserted ‘‘or per- sonal services contractor’’ after ‘‘subgrantee’’ in intro- ductory provisions. 2014—Subsec. (a)(1). Pub. L. 113–291, § 856(a), sub- stituted ‘‘, subcontractor, grantee, or subgrantee’’ for ‘‘or subcontractor’’ in introductory provisions. Subsec. (e)(1). Pub. L. 113–291, § 1071(c)(10), substituted ‘‘(50 U.S.C. 3003(4))’’ for ‘‘(50 U.S.C. 401a(4))’’. Subsec. (g)(4). Pub. L. 113–291, § 856(b)(1), struck out ‘‘or a grant’’ after ‘‘contract’’. Subsec. (g)(7). Pub. L. 113–291, § 856(b)(2), added par. (7). 2013—Subsec. (a). Pub. L. 112–239, § 827(a)(1), des- ignated existing provisions as par. (1). Subsec. (a)(1). Pub. L. 112–239, § 827(a)(2), inserted ‘‘or subcontractor’’ after ‘‘employee of a contractor’’, sub- stituted ‘‘a person or body described in paragraph (2)’’ for ‘‘a Member of Congress, a representative of a com- mittee of Congress, an Inspector General, the Govern- ment Accountability Office, a Department of Defense employee responsible for contract oversight or manage- ment, or an authorized official of an agency or the De- partment of Justice’’ and ‘‘evidence of the following:’’ for ‘‘evidence of gross mismanagement of a Department of Defense contract or grant, a gross waste of Depart- ment of Defense funds, a substantial and specific dan- ger to public health or safety, or a violation of law re- lated to a Department of Defense contract (including the competition for or negotiation of a contract) or grant.’’, and added subpars. (A) to (C). Subsec. (a)(2), (3). Pub. L. 112–239, § 827(a)(3), added pars. (2) and (3). Subsec. (b)(1). Pub. L. 112–239, § 827(b)(1), inserted ‘‘fails to allege a violation of the prohibition in sub- section (a), or has previously been addressed in another Federal or State judicial or administrative proceeding initiated by the complainant,’’ after ‘‘is frivolous,’’. Subsec. (b)(2)(A). Pub. L. 112–239, § 827(b)(2)(A), in- serted ‘‘, fails to allege a violation of the prohibition in subsection (a), or has previously been addressed in an- other Federal or State judicial or administrative pro- ceeding initiated by the complainant’’ after ‘‘is frivo- lous’’. Subsec. (b)(2)(B). Pub. L. 112–239, § 827(b)(2)(B), in- serted ‘‘, up to 180 days,’’ after ‘‘such additional period of time’’. Subsec. (b)(3), (4). Pub. L. 112–239, § 827(b)(3), added pars. (3) and (4). Subsec. (c)(1)(B). Pub. L. 112–239, § 827(c)(1), sub- stituted ‘‘compensatory damages (including back pay)’’ for ‘‘the compensation (including back pay)’’. Subsec. (c)(2). Pub. L. 112–239, § 827(c)(2), inserted at end ‘‘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.’’ Subsec. (c)(4). Pub. L. 112–239, § 827(c)(3), substituted ‘‘, compensatory and exemplary damages, and reason- able attorney fees and costs. The person upon whose be- half an order was issued may also file such an action or join in an action filed by the head of the agency.’’ for ‘‘and compensatory and exemplary damages.’’ Subsec. (c)(5). Pub. L. 112–239, § 827(c)(4), inserted at end ‘‘Filing such an appeal shall not act to stay the en- forcement of the order of the head of an agency, unless a stay is specifically entered by the court.’’ Subsec. (c)(6), (7). Pub. L. 112–239, § 827(c)(5), added pars. (6) and (7). Subsec. (d). Pub. L. 112–239, § 827(d)(2), added subsec. (d). Former subsec. (d) redesignated (f). Subsec. (e). Pub. L. 112–239, § 827(e), added subsec. (e). Former subsec. (e) redesignated (g). Subsecs. (f), (g). Pub. L. 112–239, § 827(d)(1), redesig- nated subsecs. (d) and (e) as (f) and (g), respectively. Subsec. (g)(6). Pub. L. 112–239, § 827(f), added par. (6). 2008—Subsec. (a). Pub. L. 110–181, § 846(a), substituted ‘‘disclosing to a Member of Congress, a representative of a committee of Congress, an Inspector General, the Government Accountability Office, a Department of Defense employee responsible for contract oversight or management,’’ for ‘‘disclosing to a Member of Con- gress’’ and ‘‘information that the employee reasonably believes is evidence of gross mismanagement of a De- partment of Defense contract or grant, a gross waste of Page 2828 TITLE 10—ARMED FORCES § 4701 Department of Defense funds, a substantial and specific danger to public health or safety, or a violation of law related to a Department of Defense contract (including the competition for or negotiation of a contract) or grant’’ for ‘‘information relating to a substantial viola- tion of law related to a contract (including the com- petition for or negotiation of a contract)’’. Subsec. (b). Pub. L. 110–181, § 846(b), designated exist- ing provisions as par. (1), substituted ‘‘the Department of Defense, or the Inspector General of the National Aeronautics and Space Administration in the case of a complaint regarding the National Aeronautics and Space Administration’’ for ‘‘an agency’’, and added par. (2). Subsec. (c)(1). Pub. L. 110–181, § 846(c)(1), in introduc- tory provisions, substituted ‘‘Not later than 30 days after receiving an Inspector General report pursuant to subsection (b), the head of the agency concerned shall determine whether there is sufficient basis to conclude that the contractor concerned has subjected the com- plainant to a reprisal prohibited by subsection (a) and shall either issue an order denying relief or shall’’ for ‘‘If the head of the agency determines that a contractor has subjected a person to a reprisal prohibited by sub- section (a), the head of the agency may’’. Subsec. (c)(2) to (5). Pub. L. 110–181, § 846(c)(2), (3), added pars. (2) and (3) and redesignated former pars. (2) and (3) as (4) and (5), respectively. Subsec. (e)(4). Pub. L. 110–181, § 846(d)(1), inserted ‘‘or a grant’’ after ‘‘a contract’’. Subsec. (e)(5). Pub. L. 110–181, § 846(d)(2), inserted ‘‘and any Inspector General that receives funding from, or has oversight over contracts awarded for or on be- half of, the Secretary of Defense’’ before period at end. 1996—Pub. L. 104–106 made technical correction to Pub. L. 103–355, § 6005(a). See 1994 Amendment note below. 1994—Pub. L. 103–355, § 6005(a), as amended by Pub. L. 104–106, amended section generally. Prior to amend- ment, subsec. (a) related to prohibition of reprisals, subsec. (b) to investigation of complaints, subsec. (c) to construction of section, and subsec. (d) to coordination of section with former section 2409a of this title. 1992—Subsec. (d). Pub. L. 102–484 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as fol- lows: ‘‘EFFECTIVE DATE.—This section shall not be in effect during the period when section 2409a of this title is in effect.’’ 1991—Subsec. (d). Pub. L. 102–25 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title VIII, § 827(i), Jan. 2, 2013, 126 Stat. 1836, provided that: ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [amending this section and former section 2324 of this title] shall take effect on the date that is 180 days after the date of the enactment of this Act [Jan. 2, 2013], and shall apply to— ‘‘(A) all contracts awarded on or after such date; ‘‘(B) all task orders entered on or after such date pursuant to contracts awarded before, on, or after such date; and ‘‘(C) all contracts awarded before such date that are modified to include a contract clause providing for the applicability of such amendments. ‘‘(2) REVISION OF SUPPLEMENTS TO THE FAR.—Not later than 180 days after the date of the enactment of this Act, the Department of Defense Supplement to the Fed- eral Acquisition Regulation and the National Aero- nautics and Space Administration Supplement to the Federal Acquisition Regulation shall each be revised to implement the requirements arising under the amend- ments made by this section. ‘‘(3) INCLUSION OF CONTRACT CLAUSE IN CONTRACTS AWARDED BEFORE EFFECTIVE DATE.—At the time of any major modification to a contract that was awarded be- fore the date that is 180 days after the date of the en- actment of this Act, the head of the contracting agency shall make best efforts to include in the contract a con- tract clause providing for the applicability of the amendments made by this section to the contract.’’ EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. D, title XLIII, § 4321(a), Feb. 10, 1996, 110 Stat. 671, provided that the amendment made by that section is effective as of Oct. 13, 1994, and as if included in Pub. L. 103–355 as enacted. EFFECTIVE DATE OF 1994 AMENDMENT For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–484, div. A, title X, § 1052(30)(B), Oct. 23, 1992, 106 Stat. 2501, provided that: ‘‘The amendment made by subparagraph (A) [amending this section] shall take effect as if enacted immediately following the en- actment of Public Law 102–25 (105 Stat. 75).’’ EFFECTIVE DATE Pub. L. 99–500, § 101(c) [title X, § 942(b)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–162, Pub. L. 99–591, § 101(c) [title X, § 942(b)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–162, and Pub. L. 99–661, div. A, title IX, formerly title IV, § 942(b), Nov. 14, 1986, 100 Stat. 3942, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273, pro- vided that: ‘‘Section 2409 of title 10, United States Code [now 10 U.S.C. 4701] (as added by subsection (a)(1)), shall apply with respect to any reprisal action taken on or after the date of the enactment of this Act [Oct. 18, 1986].’’ CONSTRUCTION Pub. L. 112–239, div. A, title VIII, § 827(h), Jan. 2, 2013, 126 Stat. 1836, provided that: ‘‘Nothing in this section, or the amendments made by this section [amending this section and section 2324 of this title and enacting provisions set out as a note under this section], shall be construed to provide any rights to disclose classified information not otherwise provided by law.’’ PROHIBITION ON AWARDING OF CONTRACTS TO CONTRAC- TORS THAT REQUIRE NONDISCLOSURE AGREEMENTS RELATING TO WASTE, FRAUD, OR ABUSE Pub. L. 116–283, div. A, title VIII, § 883, Jan. 1, 2021, 134 Stat. 3790, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense may not award a contract for the procurement of goods or serv- ices to a contractor unless the contractor represents that— ‘‘(1) it does not require its employees to sign inter- nal confidentiality agreements or statements that would prohibit or otherwise restrict such employees from lawfully reporting waste, fraud, or abuse related to the performance of a Department of Defense con- tract to a designated investigative or law enforce- ment representative of the Department of Defense au- thorized to receive such information; and ‘‘(2) it will inform its employees of the limitations on confidentiality agreements and other statements described in paragraph (1). ‘‘(b) RELIANCE ON REPRESENTATION.—A contracting of- ficer of the Department of Defense may rely on the rep- resentation of a contractor as to the requirements de- scribed under subsection (a) in awarding a contract un- less the officer has reason to question the accuracy of the representation.’’ Page 2829 TITLE 10—ARMED FORCES § 4703 INCLUSION OF CONTRACT CLAUSE IN CONTRACTS AWARDED BEFORE EFFECTIVE DATE Pub. L. 114–261, § 1(c), Dec. 14, 2016, 130 Stat. 1363, pro- vided that: ‘‘At the time of any major modification to a contract that was awarded before the date of the en- actment of this Act [Dec. 14, 2016], the head of the con- tracting agency shall make best efforts to include in the contract a contract clause providing for the appli- cability of the amendments made by this section [amending this section, section 2324 of this title, and sections 4304, 4310, and 4712 of Title 41, Public Con- tracts] and section 827 of the National Defense Author- ization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1833) [amending this section and section 2324 of this title].’’ INFORMATION FOR DEPARTMENT OF DEFENSE CON- TRACTOR EMPLOYEES ON THEIR WHISTLEBLOWER RIGHTS Pub. L. 110–417, [div. A], title VIII, § 842, Oct. 14, 2008, 122 Stat. 4539, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense shall en- sure that contractors of the Department of Defense in- form their employees in writing of employee whistle- blower rights and protections under section 2409 of title 10, United States Code [now 10 U.S.C. 4701], as imple- mented by subpart 3.9 of part I of title 48, Code of Fed- eral Regulations. ‘‘(b) CONTRACTOR DEFINED.—In this section, the term ‘contractor’ has the meaning given that term in section 2409(e)(4) of title 10, United States Code [now 10 U.S.C. 4701(g)(4)].’’ § 4702. Incentives and consideration for qualified training programs (a) INCENTIVES.—The Secretary of Defense shall develop workforce development invest- ment incentives for a contractor that imple- ments a qualified training program to develop the workforce of the contractor in a manner consistent with the needs of the Department of Defense. (b) CONSIDERATION OF QUALIFIED TRAINING PRO- GRAMS.—The Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to require that the system used by the Federal Government to monitor or record contractor past performance includes an analysis of the availability, quality, and effectiveness of a qualified training program of an offeror as part of the past performance rat- ing of such offeror. (c) QUALIFIED TRAINING PROGRAM DEFINED.— The term ‘‘qualified training program’’ means any of the following: (1) A program eligible to receive funds under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.). (2) A program eligible to receive funds under the Carl D. Perkins Career and Technical Edu- cation Act of 2006 (20 U.S.C. 2301 et seq.). (3) A program registered under the Act of August 16, 1937 (commonly known as the ‘‘Na- tional Apprenticeship Act’’; 50 Stat. 664; chap- ter 663; 29 U.S.C. 50 et seq.). (4) Any other program determined to be a qualified training program for purposes of this section, and that meets the workforce needs of the Department of Defense, as determined by the Secretary of Defense. (Added Pub. L. 116–92, div. A, title VIII, § 864(a), Dec. 20, 2019, 133 Stat. 1522, § 2409a; renumbered § 4702 and amended Pub. L. 116–283, div. A, title X, § 1081(a)(40), title XVIII, § 1863(b), Jan. 1, 2021, 134 Stat. 3873, 4278.) Editorial Notes REFERENCES IN TEXT The Workforce Innovation and Opportunity Act, re- ferred to in subsec. (c)(1), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of Title 29 and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (c)(2), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§ 2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables. The Act of August 16, 1937, referred to in subsec. (c)(3), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, popularly known as the National Apprenticeship Act, which is classified generally to chapter 4C (§ 50 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 50 of Title 29 and Tables. AMENDMENTS 2021—Pub. L. 116–283 renumbered section 2409a of this title as this section. Subsec. (c)(3). Pub. L. 116–283, § 1081(a)(40), substituted ‘‘50 Stat. 664;’’ for ‘‘Stat. 664,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1863(b) of Pub. L. 116–283 effec- tive Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note pre- ceding section 3001 of this title. § 4703. Displaced contractor employees: assist- ance to obtain certification and employment as teachers or employment as teachers’ aides (a) ASSISTANCE PROGRAM.—The Secretary of Defense may enter into a cooperative agreement with a defense contractor in order— (1) to assist an eligible scientist or engineer employed by the contractor whose employ- ment is terminated to obtain— (A) certification or licensure as an elemen- tary or secondary school teacher; or (B) the credentials necessary to serve as a teacher’s aide; and (2) to facilitate the employment of the sci- entist or engineer by a local educational agen- cy that— (A) is receiving a grant under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) as a result of hav- ing within its jurisdiction concentrations of children from low-income families; and (B) is also experiencing a shortage of teachers or teachers’ aides. (b) ELIGIBLE DEFENSE CONTRACTORS.—(1) The Secretary of Defense shall establish an applica- tion and selection process for the participation of defense contractors in a cooperative agree- ment authorized under subsection (a).