§4705 — Title 41 Public Contracts | U.S. Code

Summary

Defines three words: contract = a contract given by the leader of a federal agency; contractor = a person who gets such a contract; Inspector General = the agency watchdog appointed under chapter 4 of title 5. A contractor’s employee cannot be fired, demoted, or punished for telling a Member of Congress, an authorized agency official, or the Department of Justice about a serious legal violation tied to a contract (including bidding or negotiating). The worker can complain to the agency’s Inspector General. If the complaint is not frivolous, the Inspector General must investigate and then report the results to the worker, the contractor, and the agency head. The agency head can order the contractor to stop the punishment, put the worker back with pay and benefits (including back pay), and pay the worker’s costs and fees (including attorneys’ and expert witness fees). If the contractor disobeys, the agency can sue in U.S. district court, and the court can order relief, damages, or injunctions. Someone hurt by an agency order may ask the U.S. court of appeals to review it within 60 days, under the rules of chapter 7 of title 5. The rule does not protect disclosures that are not the kind described above, does not remove other rights a worker may have, and it is suspended while section 4712 is in effect.

Title 41, §4705

Public Contracts — Source: USLM XML via OLRC

(a)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 chapter 4 of title 5.

(b)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)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)(1)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)Order the contractor to take affirmative action to abate the reprisal.

(B)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)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)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)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)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)While section 4712 11 See References in Text note below. of this title is in effect, this section shall not be in effect.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4705(a)41:265(e).June 30, 1949, ch. 288, title III, § 315, as added Pub. L. 103–355, title VI, § 6006, Oct. 13, 1994, 108 Stat. 3365; Pub. L. 104–106, title XLIII, § 4321(e)(8), Feb. 10, 1996, 110 Stat. 675. 4705(b)41:265(a). 4705(c)41:265(b). 4705(d)41:265(c). 4705(e)41:265(d). In subsection (d)(2), the word “contractor” is substituted for “person” for clarity and for consistency with subsection (d)(1).

Editorial Notes

References in Text

section 4712 of this title, referred to in subsec. (f), formerly referred to a pilot program in the section catchline and contained a subsec. (i) which provided that section 4712 would be in effect for a specified four-year period. The section catchline was amended and subsec. (i) was struck out by Pub. L. 114–261, § 1(a)(3)(A), Dec. 14, 2016, 130 Stat. 1362.

Amendments

2022—Subsec. (a)(3). Pub. L. 117–286 substituted “chapter 4 of title 5.” for “the Inspector General Act of 1978 (5 U.S.C. App.).” 2013—Subsec. (f). Pub. L. 112–239 added subsec. (f).

§4705 Protection of contractor employees from reprisal for disclosure of certain information