§ 3.900 - Scope of subpart.  


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  • 3.900 Scope of subpart.

    This subpart implements various statutory whistleblower programs. This subpart does not implement 10 U.S.C. 4701, which is applicable only to DoD, NASA, and the Coast Guard.

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    (a) 41 U.S.C. 4705 (in effect before July 1, 2013 and on or after January 2, 2017). Sections 3.901 4712 is implemented in 3.900 through 3.906 of this subpart implement 41 U.S.C. 4705, applicable to civilian agencies other than NASA . These sections do not apply to—

    (1) DoD, NASA, and the Coast Guard

    , except as provided in paragraph (c) of this section. These sections are not in effect for the duration of the pilot program described in paragraph (b) of this section.
    (b)

    ; or

    (2) Any element of the intelligence community, as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C.

    4712 (in effect on July 1, 2013 through January 1, 2017). Section 3.908 of this subpart implements the pilot program, applicable to civilian agencies other than NASA and the Coast Guard, except as provided in paragraph (c) of this section. (c

    3003(4)). Sections 3.900 through 3.906 do not apply to any disclosure made by an employee of a contractor or subcontractor of an element of the intelligence community if such disclosure—

    (i) Relates to an activity of an element of the intelligence community; or

    (ii) Was discovered during contract or subcontract services provided to an element of the intelligence community.

    (b) Section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113–235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), is implemented in 3.909, which is applicable to all agencies.

    (

    d) Contracts funded by the American Recovery and Reinvestment Act.

    c) Section 3.907 of this subpart implements section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5), and applies to all contracts funded in whole or in part by that Act.

    [78 88 FR 6017169520, SeptOct. 30, 2013, as amended at 82 FR 4721, Jan. 13, 2017; 87 FR 73895, Dec. 1, 20225, 2023]