Page:United States Statutes at Large Volume 104 Part 3.djvu/265

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PUBLIC LAW 101-510—NOV. 5, 1990 104 STAT. 1617 "(c) COMPLAINT AND INVESTIGATION. — The regulations promulgated under this section shall include the following provisions: "(1) Any employee of a defense contractor who believes that he or she has been discharged or otherwise discriminated against by the defense contractor in violation of regulations promulgated under subsection (b) may file with the Secretary a complaint alleging such discharge or discrimination. Any such complaint may not be filed more than 180 days after the later of the date on which the violation is alleged to have occurred or was discovered. "(2) A complaint filed under paragraph (1) must contain a certification, signed by the complainant, which states specifically the nature of the alleged discriminatory act and of the disclosure giving rise to such act. The certification must also contain one of the following statements: "(A) All attempts at resolution through an internal company grievance procedure have been exhausted. "(B) The company grievance procedure was not used because the complainant reasonably believed it to be ineffectual or to expose the complainant to employer reprisals. "(C) The company has no company grievance procedure. "(3) Upon receipt of a complaint filed under paragraph (1), the Secretary shall serve notice of the complaint on the defense contractor named in the complaint and the head of the agency which entered into the contract. "(4)(A) Upon receipt of a complaint filed under paragraph (1), the Secretary shall conduct an initial investigation to determine whether the complaint is frivolous or merits further investigation. As part of such initial investigation, the Secretary shall find out whether the employee and the defense contractor have attempted to resolve the dispute. If the Secretary determines that the complaint merits further investigation, the Secretary shall, except as provided in subparagraph (B), complete an investigation of the complaint within 90 days after receipt of the complaint. "(B) If the Secretary determines that it is not possible to complete an investigation of a complaint within the 90-day period prescribed in subparagraph (A), the Secretary shall notify the employee of the reasons why the investigation cannot be completed within such time period and of the date when the investigation will be completed. The Secretary also may defer action on a complaint at any time with the consent of the complainant and the defense contractor. "(C) Not later than 30 days after an investigation is com- Reports. pleted, the Secretary of Defense shall provide a written report of the results of the investigation to the complainant, any person acting on behalf of the complsiinant, and the defense contractor alleged to have committed the violation. "(D) Within 90 days after providing a report of the results of an investigation of a complaint, the Secretary shall issue an order providing the relief prescribed in paragraph (5) or denying the complaint, unless the proceeding on the complaint is terminated by the Secretary on the basis of a settlement agreement entered into by the Secretary and the defense contractor alleged to have committed such violation.