Prohibition of Reprisals .—
Investigation of Complaints .—
Remedy and Enforcement Authority .—
Notification of Employees .—
Exceptions .—
Construction .—
Definitions .—
Pub. L. 99–500, § 101(c) [title X, § 942(a)(1)]100 Stat. 1783–82Pub. L. 99–591, § 101(c) [title X, § 942(a)(1)]100 Stat. 3341–82Pub. L. 99–661, div. A, title IX100 Stat. 3942Pub. L. 100–26, § 3(5)101 Stat. 273Pub. L. 102–25, title VII, § 701(k)(1)105 Stat. 116Pub. L. 102–484, div. A, title X, § 1052(30)(A)106 Stat. 2500Pub. L. 103–355, title VI, § 6005(a)108 Stat. 3364Pub. L. 104–106, div. D, title XLIII, § 4321(a)(10)110 Stat. 671Pub. L. 110–181, div. A, title VIII, § 846122 Stat. 241Pub. L. 112–239, div. A, title VIII, § 827(a)126 Stat. 1833–1836Pub. L. 113–291, div. A, title VIII, § 856128 Stat. 3460Pub. L. 114–261, § 1(a)(1)130 Stat. 1362Pub. L. 116–283, div. A, title XVIII, § 1863(b)134 Stat. 4278Pub. L. 117–263, div. A, title VIII, § 807(a)136 Stat. 2703Pub. L. 117–286, § 4(b)(28)136 Stat. 4346Pub. L. 118–159, div. A, title VIII, § 837138 Stat. 1987(Added , , , 1783–162, and , , , 3341–162, § 2409; , formerly title IV, § 942(a)(1), , , renumbered title IX, , , ; amended , , ; , , ; , , ; , , ; , , ; –(f), , ; , title X, § 1071(c)(10), , , 3509; , , ; renumbered § 4701 and amended , (c), , ; , , ; , , ; , , .)
Editorial Notes
Codification
Pub. L. 99–591Pub. L. 99–500 is a corrected version of .
Pub. L. 99–500Pub. L. 99–591Pub. L. 99–661, , and added identical sections.
Amendments
Pub. L. 118–159, § 837(2)2024—Subsec. (c)(2). , added par. (2). Former par. (2) redesignated (3).
Pub. L. 118–159, § 837(1)Subsec. (c)(3). , (3), redesignated par. (2) as (3) and substituted “paragraph (2)(B) of such subsection” for “paragraph (b)(2)(B)”. Former par. (3) redesignated (4).
Pub. L. 118–159, § 837(1)Subsec. (c)(4). , (4), redesignated par. (3) as (4) and substituted “paragraph (3)” for “paragraph (2)”. Former par. (4) redesignated (5).
Pub. L. 118–159, § 837(1)Subsec. (c)(5) to (8). , redesignated pars. (4) to (7) as (5) to (8), respectively.
Pub. L. 117–263, § 807(a)(1)(A)2022—Subsec. (a)(2)(G), (3)(A). , (B), substituted “, subcontractor, grantee, subgrantee, or personal services contractor” for “or subcontractor”.
Pub. L. 117–263, § 807(a)(2)Subsec. (b)(1). , substituted “contractor, subcontractor, grantee, subgrantee, or personal services contractor concerned” for “contractor concerned”.
Pub. L. 117–263, § 807(a)(3)(A)(i)Subsec. (c)(1). , substituted “contractor, subcontractor, grantee, subgrantee, or personal services contractor concerned” for “contractor concerned” in introductory provisions.
Pub. L. 117–263, § 807(a)(3)(A)(ii)Subsec. (c)(1)(A) to (C). –(iv), inserted “, subcontractor, grantee, subgrantee, or personal services contractor” after “contractor”.
Pub. L. 117–263, § 807(a)(3)(A)(v)Subsec. (c)(1)(D). , added subpar. (D).
Pub. L. 117–263, § 807(a)(3)(B)Subsec. (c)(2). , inserted “, subcontractor, grantee, subgrantee, or personal services contractor” after “contractor”.
Pub. L. 117–263, § 807(a)(4)Subsec. (d). , substituted “, subcontractors, grantees, subgrantees, or personal services contractors” for “and subcontractors”.
Pub. L. 117–263, § 807(a)(5)(A)Subsec. (e)(2). , substituted “grantee, subgrantee, or personal services contractor of” for “or grantee of” in introductory provisions.
Pub. L. 117–263, § 807(a)(5)(B)Subsec. (e)(2)(B). , substituted “grantee, or subgrantee” for “or grantee”.
Pub. L. 117–286section 2409(g)(5) of this titlePub. L. 116–283, § 1863(b)section 2409 of this titleSubsec. (g)(5). , which directed amendment of 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 amendment by , which had renumbered as this section. See 2021 Amendment note below.
Pub. L. 117–263, § 807(a)(6), inserted “or grants” after “contracts”.
Pub. L. 116–283, § 1863(b)section 2409 of this title2021—, renumbered as this section.
Pub. L. 116–283, § 1863(c)(1)Subsec. (g)(1). , substituted “section 3063” for “section 2303”.
Pub. L. 116–283, § 1863(c)(2)Subsec. (g)(2). , struck out par. (2) which defined “head of an agency”.
Pub. L. 114–2612016—Subsec. (a)(1). inserted “or personal services contractor” after “subgrantee” in introductory provisions.
Pub. L. 113–291, § 856(a)2014—Subsec. (a)(1). , substituted “, subcontractor, grantee, or subgrantee” for “or subcontractor” in introductory provisions.
Pub. L. 113–291, § 1071(c)(10)50 U.S.C. 3003(4)50 U.S.C. 401a(4)Subsec. (e)(1). , substituted “()” for “()”.
Pub. L. 113–291, § 856(b)(1)Subsec. (g)(4). , struck out “or a grant” after “contract”.
Pub. L. 113–291, § 856(b)(2)Subsec. (g)(7). , added par. (7).
Pub. L. 112–239, § 827(a)(1)2013—Subsec. (a). , designated existing provisions as par. (1).
Pub. L. 112–239, § 827(a)(2)Subsec. (a)(1). , inserted “or subcontractor” after “employee of a contractor”, substituted “a person or body described in paragraph (2)” for “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, or an authorized official of an agency or the Department of Justice” and “evidence of the following:” for “evidence of gross mismanagement of a Department of Defense contract or grant, a gross waste of 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.”, and added subpars. (A) to (C).
Pub. L. 112–239, § 827(a)(3)Subsec. (a)(2), (3). , added pars. (2) and (3).
Pub. L. 112–239, § 827(b)(1)Subsec. (b)(1). , inserted “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,” after “is frivolous,”.
Pub. L. 112–239, § 827(b)(2)(A)Subsec. (b)(2)(A). , inserted “, 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” after “is frivolous”.
Pub. L. 112–239, § 827(b)(2)(B)Subsec. (b)(2)(B). , inserted “, up to 180 days,” after “such additional period of time”.
Pub. L. 112–239, § 827(b)(3)Subsec. (b)(3), (4). , added pars. (3) and (4).
Pub. L. 112–239, § 827(c)(1)Subsec. (c)(1)(B). , substituted “compensatory damages (including back pay)” for “the compensation (including back pay)”.
Pub. L. 112–239, § 827(c)(2)Subsec. (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.”
Pub. L. 112–239, § 827(c)(3)Subsec. (c)(4). , substituted “, compensatory and exemplary damages, and reasonable 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 agency.” for “and compensatory and exemplary damages.”
Pub. L. 112–239, § 827(c)(4)Subsec. (c)(5). , inserted at end “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.”
Pub. L. 112–239, § 827(c)(5)Subsec. (c)(6), (7). , added pars. (6) and (7).
Pub. L. 112–239, § 827(d)(2)Subsec. (d). , added subsec. (d). Former subsec. (d) redesignated (f).
Pub. L. 112–239, § 827(e)Subsec. (e). , added subsec. (e). Former subsec. (e) redesignated (g).
Pub. L. 112–239, § 827(d)(1)Subsecs. (f), (g). , redesignated subsecs. (d) and (e) as (f) and (g), respectively.
Pub. L. 112–239, § 827(f)Subsec. (g)(6). , added par. (6).
Pub. L. 110–181, § 846(a)2008—Subsec. (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 Congress” and “information that the employee reasonably believes is evidence of gross mismanagement of a Department of Defense contract or grant, a gross waste of 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 violation of law related to a contract (including the competition for or negotiation of a contract)”.
Pub. L. 110–181, § 846(b)Subsec. (b). , designated existing 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).
Pub. L. 110–181, § 846(c)(1)Subsec. (c)(1). , in introductory 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 complainant 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 subsection (a), the head of the agency may”.
Pub. L. 110–181, § 846(c)(2)Subsec. (c)(2) to (5). , (3), added pars. (2) and (3) and redesignated former pars. (2) and (3) as (4) and (5), respectively.
Pub. L. 110–181, § 846(d)(1)Subsec. (e)(4). , inserted “or a grant” after “a contract”.
Pub. L. 110–181, § 846(d)(2)Subsec. (e)(5). , inserted “and any Inspector General that receives funding from, or has oversight over contracts awarded for or on behalf of, the Secretary of Defense” before period at end.
Pub. L. 104–106Pub. L. 103–355, § 6005(a)1996— made technical correction to . See 1994 Amendment note below.
Pub. L. 103–355, § 6005(a)Pub. L. 104–106section 2409a of this title1994—, as amended by , 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 .
Pub. L. 102–484Effective Datesection 2409a of this title1992—Subsec. (d). amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “.—This section shall not be in effect during the period when is in effect.”
Pub. L. 102–251991—Subsec. (d). added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .
Effective Date of 2013 Amendment
Pub. L. 112–239, div. A, title VIII, § 827(i)126 Stat. 1836
In general .—
Revision of supplements to the far .—
Inclusion of contract clause in contracts awarded before effective date .—
Effective Date of 1996 Amendment
Pub. L. 104–106, div. D, title XLIII, § 4321(a)110 Stat. 671Pub. L. 103–355, , , provided that the amendment made by that section is effective as of , and as if included in as enacted.
Effective Date of 1994 Amendment
Pub. L. 103–355section 10001 of Pub. L. 103–355section 8752 of this titleFor effective date and applicability of amendment by , see , set out as a note under .
Effective Date of 1992 Amendment
Pub. L. 102–484, div. A, title X, § 1052(30)(B)106 Stat. 2501
Effective Date
Pub. L. 99–500, § 101(c) [title X, § 942(b)]100 Stat. 1783–82Pub. L. 99–591, § 101(c) [title X, § 942(b)]100 Stat. 3341–82Pub. L. 99–661, div. A, title IX100 Stat. 3942Pub. L. 100–26, § 3(5)101 Stat. 273
Construction
Pub. L. 112–239, div. A, title VIII, § 827(h)126 Stat. 1836
Prohibition on Awarding of Contracts to Contractors That Require Nondisclosure Agreements Relating to Waste, Fraud, or Abuse
Pub. L. 116–283, div. A, title VIII, § 883134 Stat. 3790
In General .—
Reliance on Representation .—
Inclusion of Contract Clause in Contracts Awarded Before Effective Date
Pub. L. 114–261, § 1(c)130 Stat. 1363