Page:United States Statutes at Large Volume 108 Part 4.djvu/732

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


108 STAT. 3366 PUBLIC LAW 103-355—OCT. 13, 1994 the duties of the inspector general under this section shall he performed by an official designated by the head of the executive agency. "(c) REMEDY AND ENFORCEMENT AUTHORITY.—(1) If the head of an executive agency determines that a contractor has subjected a person to a reprisal prohibited by subsection (a), 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 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 complsdnant for, or in connection with, bringing the complaint regarding the reprisal, as determined by the head of the executive agency. "(2) Whenever a person fails to comply with an order issued under paragraph (1), the head of the executive 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 injimctive 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 ordei^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, United States Code. "(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 '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 the Inspector General Act of 1978.". SEC. 6007. COMPTROLLER GENERAL REVIEW OF THE PROVISION OF LEGAL ADVICE FOR INSPECTORS GENERAL. (a) REVIEW AND REPORT REQUIRED. — Not later than March 1, 1995, the Comptroller General of the United States shall— (1) conduct a review of the independence of the legal services being provided to Inspectors General appointed under the Inspector General Act of 1978; and (2) submit to Congress a report on the results of the review.