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.
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