The Whistleblower Protection Enhancement Act of 2012 does not protect employees of Federal contractors, subcontractors, and grantees, but other laws do. The current permanent whistleblower protection statute for those employees is at 41 U.S.C. 4705. However, during a 4-year pilot program that began on July 1, 2013, special whistleblower provisions of the National Defense Authorization Act for Fiscal Year 2013 apply. It amends the federal procurement law (41 U.S.C. 4712) to create a 4-year pilot program providing protections for employees of contractors, subcontractors, or grantees working on certain contracts and grants.
Whistleblower protection now extends to employees of Federal contractors, subcontractors, and grantees who disclose information related to:
Gross mismanagement of a Federal contract or grant
- Waste of Federal funds
- Abuse of authority relating to a Federal contract or grant
- Substantial and specific danger to public health and safety
- Violations of any law, rule, or regulation related to a Federal contract or grant.
The Office of Inspector General has jurisdiction to investigate any allegations of retaliation against an employee of a Federal contractor, subcontractor or grantee for making a protected disclosure.
These rights took effect for all contracts or grants awarded on or after July 1, 2013, and all task orders issued on or after July 1, 2013, for pre-existing contracts. Federal courts have concluded that whistleblower rights and remedies cannot be waived by any agreement, policy or condition of employment, including non-disclosure agreements.
By law, OIGs are restricted from disclosing the identity of informants who are employees of Federal contractors, subcontractors, and grantees during the 4-year pilot program period. As a matter of policy, USAID OIG extends the confidentiality protections of Section 7(b) of the Inspector General Act of 1978, as amended, to employees of contractors, subcontractors, and grantees who make disclosures outside the pilot program period.
How to File Whistleblower Reprisal Complaints
Employees of USAID contractors, subcontractors, and grantees may make reprisal complaints to the OIG by contacting the OIG Hotline. These employees have 3 years from the date of the alleged retaliatory action to file a reprisal complaint.
The Office of Special Counsel, which has authority to examine cases of whistleblower retaliation against direct-hire federal employees, does not have jurisdiction over cases of retaliation relating to employees of Federal contractors, subcontractors, and grantees.