(c) The head of the agency concerned may not require guarantees under subsection (b) from a prime contractor for a weapon system, or for a component of a weapon system, that is furnished by the United States to the contractor.

(d) Subject to subsection (e)(1), the Secretary of Defense may waive part or all of subsection (b) in the case of a weapon system, or component of a weapon system, if the Secretary determines

(1) that the waiver is necessary in the interest of national defense; or

(2) that a guarantee under that subsection would not be cost-effective.

The Secretary may not delegate authority under this subsection to any person who holds a position below the level of Assistant Secretary of Defense or Assistant Secretary of a military department.

(e) Before making a waiver under subsection (d) with respect to a weapon system that is a major defense acquisition program for the purpose of section 2432 of this title, the Secretary of Defense shall notify the Committees on Armed Services and on Appropriations of the Senate and House of Representatives in writing of his intention to waive any or all of the requirements of subsection (b) with respect to that system and shall include in the notice an explanation of the reasons for the waiver.

(f) The requirement for a guarantee under subsection (b)(3) applies only in the case of a contract for a weapon system that is in mature full-scale production. However, nothing in this section prohibits the head of the agency concerned from negotiating a guarantee similar to the guarantee described in that subsection for a weapon system not yet in mature full-scale production. When a contract for a weapon system not yet in mature full-scale production is not to include the full guarantee described in subsection (b)(3), the Secretary shall comply with the notice requirements of subsection (e).

(g) Nothing in this section prohibits the head of the agency concerned from

(1) negotiating the specific details of a guarantee, including reasonable exclusions, limitations and time duration, so long as the negotiated guarantee is consistent with the general requirements of this section;

(2) requiring that components of a weapon system furnished by the United States to a contractor be properly installed so as not to invalidate any warranty or guarantee provided by the manufacturer of such component to the United States;

(3) reducing the price of any contract for a weapon system or other defense equipment to take account of any payment due from a contractor pursuant to subclause (B) of subsection (b)(4);

(4) in the case of a dual source procurement, exempting from the requirements of subsection (b)(3) an amount of production by the second source contractor equivalent to the first one-tenth of the eventual total production by the second source contractor; and (5) using written guarantees to a greater extent than required by this section, including guarantees that exceed those in clauses

(1), (2), and (3) of subsection (b) and guaran tees that provide more comprehensive remedies than the remedies specified under clause (4) of that subsection.

(h)(1) The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this section.

(2) The regulations shall include the following:

(A) Guidelines for negotiating contractor guarantees that are reasonable and cost effec tive, as determined on the basis of the likeli hood of defects and the estimated cost of cor recting such defects.

(B) Procedures for administering contractor guarantees.

(C) Guidelines for determining the cases in which it may be appropriate to waive the requirements of this section.

(3) This section does not apply to the Coast Guard or to the National Aeronautics and Space Administration.

(Added Pub. L. 98-525, title XII, § 1234(a), Oct. 19, 1984, 98 Stat. 2601; amended Pub. L. 99-433, title I, § 110(g)(5), Oct. 1, 1986, 100 Stat. 1004; Pub. L. 100-26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 103-355, title II, § 2402, Oct. 13, 1994, 108 Stat. 3324.)

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in Pub. L. 98-212, title VII, § 794, Dec. 8, 1983, 97 Stat. 1454, which was set out as a note under section 2304 of this title, prior to repeal by Pub. L. 98-525, § 1234(b), eff. Jan. 1, 1985.

AMENDMENTS

1994-Subsec. (e). Pub. L. 103-355, § 2402(a), struck out par. (1) designation and par. (2) which read as follows: "Not later than February 1 of each year, the Secretary of Defense shall submit to the committees specified in paragraph (1) a report identifying each waiver made under subsection (d) during the preceding calendar year for a weapon system that is not a major defense acquisition program for the purpose of section 2432 of this title and shall include in the report an explanation of the reasons for the waivers."

Subsec. (h)(2), (3). Pub. L. 103-355, § 2402(b), added par. (2) and redesignated former par. (2) as (3).

1987-Subsec. (a). Pub. L. 100-26 inserted "The term" after each par. designation and struck out uppercase letter of first word after first quotation marks in each par. and substituted lowercase letter.

1986-Subsec. (e). Pub. L. 99-433 substituted "section 2432" for "section 139a" in pars. (1) and (2).

CHANGE OF NAME

in all contracts with prime contractors for major systems acquisitions of the Coast Guard, with certain exceptions, was from the Department of Transportation and Related Agencies Appropriations Act, 1992, and was not repeated in subsequent appropriation acts.

Similar provisions were contained in the following prior appropriations acts:

Pub. L. 101-516, title I, Nov. 5, 1990, 104 Stat. 2158. Pub. L. 101-164, title I, Nov. 21, 1989, 103 Stat. 1072. Pub. L. 100-457, title I, Sept. 30, 1988, 102 Stat. 2127. Pub. L. 100-202, § 101(7) [title I], Dec. 22, 1987, 101 Stat. 1329-358, 1329-360.

Pub. L. 99-500, § 101(7) [H.R. 5205, title I], Oct. 18, 1986. 100 Stat. 1783-308, and Pub. L. 99-591, § 101(2), Oct. 30, 1986, 100 Stat. 3341-308.

Pub. L. 99-190, § 101(e) [title I], Dec. 19, 1985, 99 Stat. 1267, 1269.

Pub. L. 98-473, title I, § 101(i) [title I), Oct. 12, 1984, 98 Stat. 1944, 1946.

§ 2404. Acquisition of petroleum and natural gas: authority to waive contract procedures; acquisition by exchange; sales authority

(a) WAIVER AUTHORITY.-The Secretary of Defense may, for any purchase of petroleum or natural gas, waive the application of any provision of law prescribing procedures to be followed in the formation of contracts, prescribing terms and conditions to be included in contracts, or regulating the performance of contracts if the Secretary determines

(1) that petroleum market conditions or natural gas market conditions, as the case may be, have adversely affected (or will in the near future adversely affect) the acquisition of petroleum or acquisition of natural gas, respectively, by the Department of Defense; and

(2) the waiver will expedite or facilitate the acquisition of petroleum or natural gas, as the case may be, for Government needs.

(b) SCOPE OF WAIVER.-A waiver under subsection (a) may be made with respect to a particular contract or with respect to classes of contracts. Such a waiver that is applicable to a contract for the purchase of petroleum or natural gas may also be made applicable to a subcontract under that contract.

(c) EXCHANGE AUTHORITY.-The Secretary of Defense may acquire petroleum, petroleum-related services, natural gas, or natural gas-related services by exchange of petroleum, petroleum-related services, natural gas, or natural gasrelated services.

(d) AUTHORITY TO SELL.-The Secretary of Defense may sell petroleum or natural gas of the Department of Defense if the Secretary determines that the sale would be in the public interest. The proceeds of such a sale shall be credited to appropriations of the Department of Defense for the acquisition of petroleum, petroleum-related services, natural gas, or natural gas-related services. Amounts so credited shall be available for obligation for the same period as the appropriations to which the amounts are credited.

(e) PETROLEUM DEFINED.-In this section, the term "petroleum" means natural or synthetic crude, blends of natural or synthetic crude, and products refined or derived from natural or synthetic crude or from such blends.

(Added Pub. L. 98-525, title XII, § 1234(a), Oct. 19, 1984, 98 Stat. 2604; amended Pub. L. 100-26,

§ 7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 101-510, div. A, title XIII, § 1322(a)(8), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 103-160, div. A, title VIII, § 826, Nov. 30, 1993, 107 Stat. 1711.)

AMENDMENTS

1993-Pub. L. 103-160, § 826(d)(2), substituted "pe troleum and natural gas: authority to waive contract procedures; acquisition by exchange; sales authority" for "petroleum: authority to waive contract procedures" as section catchline.

Subsec. (a). Pub. L. 103-160, § 826(a)(1), (d)(1)(A), inserted heading, inserted "or natural gas" after "petroleum" in introductory provisions, inserted "or natural gas market conditions, as the case may be," after “petroleum market conditions" and "or acquisition of natural gas, respectively," after "acquisition of petroleum" in par. (1), and inserted "or natural gas, as the case may be," after "petroleum" in par. (2).

Subsec. (b). Pub. L. 103-160, § 826(a)(2), (d)(1)(B), inserted heading and inserted "or natural gas" after "petroleum" in second sentence.

Subsec. (c). Pub. L. 103-160, § 826(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "The Secretary of Defense may acquire petroleum by exchange of petroleum or petroleum derivatives."

Subsec. (d). Pub. L. 103-160, § 826(c)(2), added subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 103-160, § 826(c)(1), (d)(1)(C), redesignated subsec. (d) as (e) and inserted heading.

1990-Subsecs. (d), (e). Pub. L. 101-510 redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: "The Secretary of Defense shall notify the Congress within 10 days of the date on which any waiver is made under this section and of the reasons for the necessity of exercising such waiver."

1987-Subsec. (e). Pub. L. 100-26 inserted "the term" after "In this section,".

§ 2405. Limitation on adjustment of shipbuilding contracts

(a) The Secretary of a military department may not adjust any price under a shipbuilding contract for an amount set forth in a claim, request for equitable adjustment, or demand for payment under the contract (or incurred due to the preparation, submission, or adjudication of any such claim, request, or demand) arising out of events that

(1) in the case of a contract entered into after December 7, 1983, and before the date of the enactment of the Federal Acquisition Streamlining Act of 1994, occurred more than 18 months before the submission of the claim, request, or demand; and

(2) in the case of a contract entered into on or after the date of the enactment of the Federal Acquisition Streamlining Act of 1994, occurred more than 6 years before the submission of the claim, request, or demand.

(b) For the purposes of subsection (a), a claim, request, or demand shall be considered to have been submitted only when the contractor has provided the certification required by section 6(c)(1) of the Contract Disputes Act of 1978 (41 U.S.C. 605(c)(1)) and the supporting data for the claim, request, or demand.

(c)(1) If a certification referred to in subsection (b) with respect to a shipbuilding contract is determined to be deficient because of the position, status, or scope of authority of the

person executing the certification, the contractor may resubmit the certification. The resubmitted certification shall be based on the knowledge of the contractor and the supporting data that existed when the original certification was submitted. The appropriateness of the person executing the resubmitted certification shall be determined on the basis of applicable law in effect at the time of the resubmission.

(2) If a certification is resubmitted pursuant to paragraph (1) by the date described in paragraph (3), the resubmitted certification shall be deemed to have been submitted for purposes of this section at the time the original certification was submitted.

(3) The date by which a certification may be resubmitted for purposes of paragraph (2) is the date which is the later of

(A) 90 days after the promulgation of regulations under section 2410e(a) of this title;

(ii) a board of contract appeals issues a decision determining the previously submitted claim, request, or demand to be deficient; or (iii) a Federal court renders a judgment determining the previously submitted claim, request, or demand to be deficient.

(4) This subsection applies only with respect to a claim, request, or demand submitted before the effective date of this paragraph.

(Added Pub. L. 98-525, title XII, § 1234(a), Oct. 19, 1984, 98 Stat. 2604; amended Pub. L. 102-484, div. A, title VIII, § 813(c), Oct. 23, 1992, 106 Stat. 2453; Pub. L. 103-355, title II, § 2302(a), (b), Oct. 13, 1994, 108 Stat. 3321.)

REFERENCES IN TEXT

The date of the enactment of the Federal Acquisition Streamlining Act of 1994, referred to in subsec. (a), is the date of enactment of Pub. L. 103-355, which was approved Oct. 13, 1994.

Section 2410e(a) of this title, referred to in subsec. (c)(3)(A), was repealed by Pub. L. 103-355, title II, § 2301(b), Oct. 13, 1994, 108 Stat. 3321.

For the effective date of this paragraph, referred to in subsec. (c)(4), see section 10001 of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment note under section 251 of Title 41, Public Contracts.

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in Pub. L. 98-473, title I, § 101(h) [title VIII, § 80781, Oct. 12, 1984, 98 Stat. 1904, 1938, and Pub. L. 98-212, title VII, § 787, Dec. 8, 1983, 97 Stat. 1453, which were set out as a note under section 2304 of this title. Section 101(h) [title VIII, § 8078) of Pub. L. 98-473 was repealed by Pub. L. 100-370, § 1(p)(2), July 19, 1988, 102 Stat. 851. Section 787 of Pub. L. 98-212 was repealed by Pub. L. 98-525, § 1234(b)(2), eff. Oct. 19, 1984.

AMENDMENTS

1994-Subsec. (a). Pub. L. 103-355, § 2302(a), struck out "entered into after December 7, 1983," after "ship

See References in Text note below.

building contract" and substituted "that" and pars. (1) and (2) for "occurring more than 18 months before the submission of the claim, request, or demand." Subsec. (c)(4). Pub. L. 103-355, § 2302(b), added par. (4).

1992-Subsec. (c). Pub. L. 102-484 added subsec. (c).

EFFECTIVE DATE OF 1994 AMENDMENT

Section 2302(c) of Pub. L. 103-355 provided that: "Paragraphs (1) and (2) of section 2405(a) of title 10, United States Code, as added by subsection (aX2), shall apply according to the provisions thereof on and after the date of the enactment of this Act [Oct. 13, 1994], notwithstanding section 10001(b) [set out as a note under section 251 of Title 41, Public Contracts)." For effective date and applicability of amendment by section 2302(a)(1), (b) of Pub. L. 103-355, see section 10001 of Pub. L. 103-355, set out as a note under section 251 of Title 41.

[§ 2406.

Repealed. Pub. L. 103-355, title II, § 2201(b)(1), Oct. 13, 1994, 108 Stat. 3318] Section, added Pub. L. 99-145, title IX, § 917(a), Nov. 8, 1985, 99 Stat. 689; amended Pub. L. 99-500, § 101(c) [title X, § 943(a)(1)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-162, and Pub. L. 99-591, § 101(c) [title X § 943(a)(1)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-162; Pub. L. 99-661, div. A, title IX, formerly title IV, § 943(a)(1), Nov. 14, 1986, 100 Stat. 3942, renumbered title IX, Pub. L. 100-26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100-180, div. A, title XII, § 1231(13), Dec. 4, 1987, 101 Stat. 1160, required contractor under cov ered contract with an agency to make cost and pricing data available to agency in timely manner.

EFFECTIVE DATE OF REPEAL

For effective date and applicability of repeal, see section 10001 of Pub. L. 103-355, set out as an Effec tive Date of 1994 Amendment note under section 251 of Title 41, Public Contracts.

[§ 2407. Renumbered § 2350b]

NATO COOPERATIVE Logistic Support AGREEMENTS Section 1102 of Pub. L. 99-661, div. A, title XI, § 1102, Nov. 14, 1986, 100 Stat. 3961, which authorized Secretary of Defense to enter Weapon System Part nership Agreements with one or more governments of other member countries of NATO, was repealed by Pub. L. 101-189, div. A, title IX, § 931(d)(2), Nov. 29, 1989, 103 Stat. 1535. See section 2350d of this title.

NATO COOPERATIVE RESEArch and DevelOPMENT Section 1103 of Pub. L. 99-145, title XI, § 1103, Nov. 8, 1985, 99 Stat. 712, which urged and requested member nations of NATO to cooperate in research and development of defense equipment and munitions and in the production of defense equipment, was repealed by Pub. L. 101-189, div. A, title IX, § 931(d)(1), Nov. 29, 1989, 103 Stat. 1535. See section 2350a of this title.

Similar provisions were contained in the following prior authorization acts:

Pub. L. 96-342, title I, § 103, Sept. 8, 1980, 94 Stat. 1078.

Pub. L. 96-107, title I, § 104, Nov. 9, 1979, 93 Stat. 804.

§ 2408. Prohibition on persons convicted of defensecontract related felonies and related criminal penalty on defense contractors

(a) PROHIBITION.-(1) An individual who is convicted of fraud or any other felony arising out of a contract with the Department of Defense shall be prohibited from each of the following:

(A) Working in a management or supervisory capacity on any defense contract or any first tier subcontract of a defense contract.

(B) Serving on the board of directors of any defense contractor or any subcontractor awarded a contract directly by a defense contractor.

(C) Serving as a consultant to any defense contractor or any subcontractor awarded a contract directly by a defense contractor.

(D) Being involved in any other way, as determined under regulations prescribed by the Secretary of Defense, with a defense contract or first tier subcontract of a defense contract. (2) Except as provided in paragraph (3), the prohibition in paragraph (1) shall apply for a period, as determined by the Secretary of Defense, of not less than five years after the date of the conviction.

(3) The prohibition in paragraph (1) may apply with respect to an individual for a period of less than five years if the Secretary determines that the five-year period should be waived in the interests of national security. If the five-year period is waived, the Secretary shall submit to Congress a report stating the reasons for the waiver.

(4) The prohibition in paragraph (1) does not apply with respect to the following:

(A) A contract referred to in subparagraph (A), (B), (C), or (D) of such paragraph that is not greater than the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))).

(B) A contract referred to in such subparagraph that is for the acquisition of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))).

(C) A subcontract referred to in such subparagraph that is under a contract described in subparagraph (A) or (B).

(b) CRIMINAL PENALTY.-A defense contractor or subcontractor shall be subject to a criminal penalty of not more than $500,000 if such contractor or subcontractor is convicted of knowingly

(1) employing a person under a prohibition under subsection (a); or

(2) allowing such a person to serve on the board of directors of such contractor or subcontractor.

(c) SINGLE POINT OF CONTACT FOR INFORMATION.-(1) The Attorney General shall ensure

that a single point of contact is established to enable a defense contractor or subcontractor to promptly obtain information regarding whether a person that the contractor or subcontractor proposes to use for an activity covered by paragraph (1) of subsection (a) is under a prohibition under that subsection.

(2) The procedure for obtaining such information shall be specified in regulations prescribed by the Secretary of Defense under subsection (a).

(Added Pub. L. 99-500, § 101(c) [title X, § 941(a)(1)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-161, and Pub. L. 99-591, § 101(c) [title X, § 941(a)(1)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-161; Pub. L. 99-661, div. A, title IX, formerly title IV, § 941(a)(1), Nov. 14, 1986, 100 Stat. 3941, renumbered title IX, Pub. L. 100-26, § 3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L. 100-456, div. A, title VIII, § 831(a), Sept. 29, 1988, 102 Stat. 2023; Pub. L. 101-510, div. A, title VIII, § 812, Nov. 5, 1990, 104 Stat. 1596; Pub. L. 102-484, div. A, title VIII, § 815(a), Oct. 23, 1992, 106 Stat. 2454; Pub. L. 103-355, title IV, § 4102(g), title VIII, § 8105(h), Oct. 13, 1994, 108 Stat. 3340, 3393.)

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

1994-Subsec. (a)(4). Pub. L. 103-355, § 4102(g), added introductory provisions and subpar. (A). Subsec. (a)(4)(B). Pub. L. 103-355, § 8105(h)(1), added subpar. (B).

Subsec. (a)(4)(C). Pub. L. 103-355, § 8105(h)(2), inserted "or (B)" before period at end.

Pub. L. 103-355, § 4102(g), added subpar. (C). 1992-Subsec. (c). Pub. L. 102-484 added subsec. (c). 1990-Subsec. (a)(1)(A). Pub. L. 101-510, § 812(a)(1), inserted before period at end "or any first tier subcontract of a defense contract".

Subsec. (a)(1)(B). Pub. L. 101-510, § 812(a)(2), inserted before period at end "or any subcontractor awarded a contract directly by a defense contractor". Subsec. (a)(1)(C). Pub. L. 101-510, § 812(a)(3), inserted before period at end "or any subcontractor awarded a contract directly by a defense contractor".

Subsec. (a)(1)(D). Pub. L. 101-510, § 812(a)(4), inserted before period at end "or first tier subcontract of a defense contract".

Subsec. (b). Pub. L. 101-510, § 812(b), inserted "or subcontractor" after "contractor" wherever appearing. 1988-Subsec. (a). Pub. L. 100-456 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "A person who is convicted of fraud or any other felony arising out of a contract with the Department of Defense shall be prohibited from working in a management or supervisory capacity on any defense contract, or serving on the board of directors of any defense contractor, for a period, as determined by the Secretary of Defense, of not less than one year from the date of the conviction."

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 1988 AMENDMENT

Section 831(b) of Pub. L. 100-456 provided that: "Section 2408(a) of title 10, United States Code, as amended by subsection (a), shall apply with respect to individuals convicted after the date of the enactment of this Act [Sept. 29, 1988]."

EFFECTIVE DATE

Section 101(c) [title X, § 941(c)] of Pub. L. 99-500 and Pub. L. 99-591, and section 941(c) of title IX, formerly title IV, of Pub. L. 99-661, renumbered title IX, Pub. L. 100-26, § 3(5), Apr. 21, 1987, 101 Stat. 273, provided that: "Section 2408 of title 10, United States Code (as added by subsection (a)(1)), shall apply with respect to employment or service on a board of directors after the date of the enactment of this Act [Oct. 18, 1986]."

DEADLINE For Single POINT OF CONTACT Section 815(b) of Pub. L. 102-484 provided that: "The single point of contact required by section 2408(c) of title 10, United States Code, as added by subsection (a), shall be established not later than 120 days after the date of the enactment of this Act [Oct. 23, 1992]."

§ 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 ap propriate relief, including injunctive relief and compensatory and exemplary damages.

(3) Any person adversely affected or ag grieved 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 con. form 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 der ogate 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, § 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; Pub. L. 99-661, div. A, title IX, for merly 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.)

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

1994-Pub. L. 103-355 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