Page:United States Statutes at Large Volume 122.djvu/265

 12 2 STA T . 2 4 2 PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 andspecif ic dan g e rto p ubl ic h ealth or safet y, ora v iolation of la w related to a D epart m ent of Defense contract ( including the competition for or negotiation of a contract ) or grant ’ ’ . (b) CLARIF I C A T I ON OF I N SPE CTOR G ENERAL DETER M INATION. —S ubsection (b) of such section is amended— ( 1 ) by inserting ‘ ‘(1)’’ after ‘‘IN V ESTI G ATION OF COM - PLAINTS.—’’ ( 2 ) by stri k ing ‘‘an agency’’ and inserting ‘‘the Department of Defense, or the Inspector General of the N ational A eronautics and Space Administration in the case of a complaint regarding the National Aeronautics and Space Administration’’; and ( 3 ) by adding at the end the following new paragraph

‘‘(2)(A) Ex cept as provided under subparagraph ( B ), the Inspector General shall make a determination that a complaint is frivolous or submit a report under paragraph (1) within 1 80 days after receiving the complaint. ‘‘(B) If the Inspector General is unable to complete an investiga- tion in time to submit a report within the 180-day period specified in subparagraph (A) and the person submitting the complaint agrees to an extension of time, the Inspector General shall submit a report under paragraph (1) within such additional period of time as shall be agreed upon between the Inspector General and the person submitting the complaint.’’. (c) ACCELERATION OF SC H E DU LE FOR DEN Y ING R ELIEF OR P RO- VIDING REMEDY.—Subsection (c) of such section is amended— (1) in paragraph (1), by striking ‘‘If the head of the agency determines that a contractor has sub j ected a person to a reprisal prohibited by subsection (a), the head of the agency may’’ and inserting after ‘‘(1)’’ the following: ‘‘Not later than 30 days after receiving an Inspector General report pursuant to subsection (b), the head of the agency concerned shall deter- mine 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’’; (2) by redesignating paragraphs (2) and (3) as paragraphs ( 4 )and( 5 ), respectively; and (3) by inserting after paragraph (1) the following new para- graphs: ‘‘(2) If the head of an executive agency issues an order denying relief under paragraph (1) or has not issued an order within 210 days after the submission of a complaint under subsection (b), or in the case of an extension of time under paragraph (b)(2)(B), not later than 30 days after the expiration of the extension of time, and there is no showing that such delay is due to the bad faith of the complainant, the complainant shall be deemed to have exhausted all administrative remedies with respect to the com- plaint, and the complainant may bring a de novo action at law ore q uity against the contractor to seek compensatory damages and other relief available under this section in the appropriate district court of the U nited States, which shall have jurisdiction over such an action without regard to the amount in controversy. Such an action shall, at the request of either party to the action, be tried by the court with a jury. ‘‘(3) An Inspector General determination and an agency head order denying relief under paragraph (2) shall be admissible in Deadlin e s. Deadline. R e port s. Reports. Deadline.

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