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submit a complaint to the Inspector General of the executive agency. Unless 
the Inspector General determines that the complaint is frivolous, the Inspec-
tor General shall investigate the complaint and, on completion of the inves-
tigation, submit a report of the findings of the investigation to the indi-
vidual, the contractor concerned, and the head of the agency. If the execu-
tive agency does not have an Inspector General, the duties of the Inspector 
General under this section shall be performed by an official designated by 
the head of the executive agency. 
(d) REMEDY AND ENFORCEMENT AUTHORITY.— 
(1) ACTIONS CONTRACTOR MAY BE ORDERED TO TAKE.—If the head 
of an executive agency determines that a contractor has subjected an 
individual to a reprisal prohibited by subsection (b), the head of the 
executive agency may take one or more of the following actions: 
(A) ABATEMENT.—Order the contractor to take affirmative ac-
tion to abate the reprisal. 
(B) REINSTATEMENT.—Order the contractor to reinstate the in-
dividual to the position that the individual 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 individual in that position if the reprisal had 
not been taken. 
(C) PAYMENT.—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 the com-
plainant reasonably incurred for, or in connection with, bringing 
the complaint regarding the reprisal, as determined by the head 
of the executive agency. 
(2) ENFORCEMENT ORDER.—When a contractor fails to comply with 
an order issued under paragraph (1), the head of the executive agency 
shall file an action for enforcement of the order in the United States 
district court for a district in which the reprisal was found to have oc-
curred. In an action brought under this paragraph, the court may 
grant appropriate relief, including injunctive relief and compensatory 
and exemplary damages. 
(3) REVIEW OF ENFORCEMENT ORDER.—A person adversely affected 
or aggrieved by an order issued under paragraph (1) may obtain review 
of the order’s conformance with this subsection, and 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. 
A petition seeking review must be filed no more than 60 days after the 
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head of the agency issues the order. Review shall conform to chapter 
7 of title 5. 
(e) SCOPE OF SECTION.—This section does not— 
(1) authorize the discharge of, demotion of, or discrimination against 
an employee for a disclosure other than a disclosure protected by sub-
section (b); or 
(2) modify or derogate from a right or remedy otherwise available 
to the employee. 
§ 4706. Examination of facilities and records of contractor 
(a) DEFINITION.—In this section, the term ‘‘records’’ includes books, doc-
uments, accounting procedures and practices, and other data, regardless of 
type and regardless of whether the items are in written form, in the form 
of computer data, or in any other form. 
(b) AGENCY AUTHORITY.— 
(1) INSPECTION OF PLANT AND AUDIT OF RECORDS.—The head of 
an executive agency, acting through an authorized representative, may 
inspect the plant and audit the records of— 
(A) a contractor performing a cost-reimbursement, incentive, 
time-and-materials, labor-hour, or price-redeterminable contract, 
or any combination of those contracts, the executive agency makes 
under this division; and 
(B) a subcontractor performing a cost-reimbursement, incentive, 
time-and-materials, 
labor-hour, 
or 
price-redeterminable 
sub-
contract, or any combination of those subcontracts, under a con-
tract referred to in subparagraph (A). 
(2) EXAMINATION OF RECORDS.—The head of an executive agency, 
acting through an authorized representative, may, for the purpose of 
evaluating the accuracy, completeness, and currency of certified cost or 
pricing data required to be submitted pursuant to chapter 35 of this 
title with respect to a contract or subcontract, examine all records of 
the contractor or subcontractor related to— 
(A) the proposal for the contract or subcontract; 
(B) the discussions conducted on the proposal; 
(C) pricing of the contract or subcontract; or 
(D) performance of the contract or subcontract. 
(c) SUBPOENA POWER.— 
(1) AUTHORITY TO REQUIRE THE PRODUCTION OF RECORDS.—The 
Inspector General of an executive agency appointed under section 3 or 
8G of the Inspector General Act of 1978 (5 U.S.C. App.) or, on re-
quest of the head of an executive agency, the Director of the Defense 
Contract Audit Agency (or any successor agency) of the Department 
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of Defense or the Inspector General of the General Services Adminis-
tration may require by subpoena the production of records of a con-
tractor, access to which is provided for that executive agency by sub-
section (b). 
(2) ENFORCEMENT OF SUBPOENA.—A subpoena under paragraph 
(1), in the case of contumacy or refusal to obey, is enforceable by order 
of an appropriate United States district court. 
(3) AUTHORITY NOT DELEGABLE.—The authority provided by para-
graph (1) may not be delegated. 
(4) REPORT.—In the year following a year in which authority pro-
vided in paragraph (1) is exercised for an executive agency, the head 
of the executive agency shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee 
on Oversight and Government Reform of the House of Representatives 
a report on the exercise of the authority during the preceding year and 
the reasons why the authority was exercised in any instance. 
(d) AUTHORITY OF COMPTROLLER GENERAL.— 
(1) IN GENERAL.—Except as provided in paragraph (2), each con-
tract awarded after using procedures other than sealed bid procedures 
shall provide that the Comptroller General and representatives of the 
Comptroller General may examine records of the contractor, or any of 
its subcontractors, that directly pertain to, and involve transactions re-
lating to, the contract or subcontract and to interview any current em-
ployee regarding the transactions. 
(2) EXCEPTION FOR FOREIGN CONTRACTOR OR SUBCONTRACTOR.— 
Paragraph (1) does not apply to a contract or subcontract with a for-
eign contractor or foreign subcontractor if the executive agency con-
cerned determines, with the concurrence of the Comptroller General or 
the designee of the Comptroller General, that applying paragraph (1) 
to the contract or subcontract would not be in the public interest. The 
concurrence of the Comptroller General or the designee is not required 
when— 
(A) the contractor or subcontractor is— 
(i) the government of a foreign country or an agency of 
that government; or 
(ii) precluded by the laws of the country involved from 
making its records available for examination; and 
(B) the executive agency determines, after taking into account 
the price and availability of the property and services from United 
States sources, that the public interest would be best served by not 
applying paragraph (1). 
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