
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2409]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
            CHAPTER 141--MISCELLANEOUS PROCUREMENT PROVISIONS
 
Sec. 2409. 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 
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) may 
submit a complaint to the Inspector General of an 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.
    (c) Remedy and Enforcement Authority.--(1) If the head of the agency 
determines that a contractor has subjected a person to a reprisal 
prohibited by subsection (a), the head of the 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 
    agency.

    (2) 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 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) or to modify or derogate from a right or remedy otherwise 
available to the employee.
    (e) Definitions.--In this section:
        (1) The term ``agency'' means an agency named in section 2303 of 
    this title.
        (2) The term ``head of an agency'' has the meaning provided by 
    section 2302(1) of this title.
        (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 the Inspector General Act of 1978.

(Added Pub. L. 99-500, Sec. 101(c) [title X, Sec. 942(a)(1)], Oct. 18, 
1986, 100 Stat. 1783-82, 1783-162, and Pub. L. 99-591, Sec. 101(c) 
[title X, Sec. 942(a)(1)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-162; 
Pub. L. 99-661, div. A, title IX, formerly title IV, Sec. 942(a)(1), 
Nov. 14, 1986, 100 Stat. 3942, renumbered title IX, Pub. L. 100-26, 
Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L. 102-25, title 
VII, Sec. 701(k)(1), Apr. 6, 1991, 105 Stat. 116; Pub. L. 102-484, div. 
A, title X, Sec. 1052(30)(A), Oct. 23, 1992, 106 Stat. 2500; Pub. L. 
103-355, title VI, Sec. 6005(a), Oct. 13, 1994, 108 Stat. 3364; Pub. L. 
104-106, div. D, title XLIII, Sec. 4321(a)(10), Feb. 10, 1996, 110 Stat. 
671.)

                       References in Text

    The Inspector General Act of 1978, referred to in subsec. (e)(5), 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.

                          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

    1996--Pub. L. 104-106 made technical correction to Pub. L. 103-355, 
Sec. 6005(a). See 1994 Amendment note below.
    1994--Pub. L. 103-355, Sec. 6005(a), as amended by Pub. L. 104-106, 
amended section generally. Prior to amendment, 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 follows: ``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).


                    Effective Date of 1996 Amendment

    Section 4321(a) of Pub. L. 104-106 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 251 of Title 41, Public Contracts.


                    Effective Date of 1992 Amendment

    Section 1052(30)(B) of Pub. L. 102-484 provided that: ``The 
amendment made by subparagraph (A) [amending this section] shall take 
effect as if enacted immediately following the enactment of Public Law 
102-25 (105 Stat. 75).''


                             Effective Date

    Section 101(c) [title X, Sec. 942(b)] of Pub. L. 99-500 and Pub. L. 
99-591, and section 942(b) of title IX, formerly title IV, of Pub. L. 
99-661, renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 
101 Stat. 273, provided that: ``Section 2409 of title 10, United States 
Code (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].''
