Pilot Program for Enhancement of Employee Whistleblower Protection

Pilot Program for Enhancement of Employee Whistleblower Protection (41 U.S.C. 4712) On July 1, 2013 Congress enacted the Pilot Program for Enhancement of Employee Whisleblower Protection (found in 41 U.S.C. 4712 of the National Defense Authorization Act (NDAA), P.L. 112-239 for fiscal year 2013) which is in effect until January 1, 2017. This Pilot Program applies to all employees working for contractors, grantees, subcontractors, and subgrantees on federal grants and contracts.

An employee of a contractor, subcontractor, grantee [or subgrantee] may not be discharged, demoted, or otherwise discriminated against as a reprisal for whistleblowing. In addition, whistleblower protections cannot be waived by any agreement, policy, form, or condition of employment. “Whistleblowing” is defined as an instance in which the employee reasonably believes is evidence or any of the following:

  • Gross mismanagement of a Federal contract or grant;
  • The 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 or regulation related to a Federal contract or grant (including the competition for, or negotiation of, a contract or grant).

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