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Compliance - Enhanced Whistleblower Protection

Notice to Employees

The National Defense Authorization Act, P.L. 112-239 (PDF) (NDAA) for Fiscal Year 2013 established a four-year pilot program for the enhancement of contractor and subcontractor employee protections from reprisal for disclosure of, “information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant.” 1

Specifically, Section 828(a) of the NDAA, Pilot Program for Enhancement of Contractor Employee Whistleblower Protections, provides that, “An employee of a contractor, subcontractor, or grantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing the aforementioned types of information to:

(a)  A Member of Congress or a representative of a committee of Congress.
(b)  An Inspector General.
(c)  The Government Accountability Office.
(d)  A Federal employee responsible for contract or grant oversight or management at the relevant agency.
(e)  An authorized official of the Department of Justice or other law enforcement agency.
(f)  A court or grand jury.
(g)  A management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover, or address misconduct.” 2

The pilot program also establishes a new process for review of whistleblower reprisal complaints alleged by employees of contractors, subcontractors, and grantees,  “A person who believes that the person has been subjected to a reprisal prohibited by subsection (a) may submit a complaint to the Inspector General of the executive agency involved.”

Procedures for submitting fraud, waste, abuse, and whistleblower complaints are generally accessible on agency Office of Inspector General (OIG) Hotline or Whistleblower Internet sites, such as these:

If you have questions regarding implementation of this program please contact Wendy Eckert.

 

1 Federal Statute: 41 U.S.C. § 4712, Sec. 828(a)

Ibid, Sec. 828(a)

3 Ibid, Sec. 828(b)(1)


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