Enhanced Whistleblower Protection

Notice to Employees

Per 41 U.S.C. §4712, employees working on a Federal Government contract, subcontract or grant are provided enhanced whistleblower protections.

(a) PROHIBITION OF REPRISALS.-

(1) IN GENERAL.-An employee of a contractor, subcontractor, or grantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (2) 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.

(2) PERSONS AND BODIES COVERED.-The persons and bodies described in this paragraph are the persons and bodies as follows:

(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.1

An employee who initiates or provides evidence of contractor or subcontractor misconduct in any judicial or administrative proceeding relating to waste, fraud, or abuse on a Federal contract shall be deemed to have made a disclosure.

An employee of a contractor, subcontractor, or grantee who believes that he or she has been discharged, demoted, or otherwise discriminated against in violation of this section may submit a complaint with the Inspector General of the agency concerned. Procedures for submitting fraud, waste, abuse, and whistleblower complaints are generally accessible on agency Office of Inspector General Hotline or Whistleblower Internet sites. A complaint by the employee may not be brought under 41 U.S.C. §4712 more than three years after the date on which the alleged reprisal took place.

If you have questions regarding this notice, please contact University of Maine System Office General Counsel.

 

1 Office of the Revision Counsel United States Code