Whistleblower protections
The Farm Credit Administration (FCA) Office of Inspector General (OIG) is committed to providing information about prohibitions on retaliation against people who make protected disclosures of wrongdoing.
Information for FCA employees and applicants
The Whistleblower Protection Act (WPA), as amended, 5 U.S.C. § 2302(b)(8)-(9), protects federal employees and applicants for federal employment from retaliation for making protected disclosures or engaging in other protected activity.
Who is protected by the Whistleblower Protection Act?
The WPA’s protections generally apply to FCA employees and applicants for employment in both the competitive service and excepted service. However, the WPA does not cover positions:
- Excepted from the competitive service because of their confidential, policy-determining, policy-making, or policy-advocating character; or
- Excluded based on a determination by the President that it is necessary and warranted by conditions of good administration.
The WPA also does not cover employees of FCA contractors or subcontractors, or personal services contractors.
What disclosures does the Whistleblower Protection Act protect?
A disclosure is protected under the WPA if the employee discloses information the employee reasonably believes to be evidence of:
- A violation of any law, rule, or regulation;
- Gross mismanagement;
- A gross waste of funds;
- An abuse of authority;
- A substantial and specific danger to public health or safety; or
- Censorship related to research, analysis, or technical information.
Generally, a disclosure can be made to anyone, including non-governmental entities. However, if the information to be disclosed is prohibited from release by law or required by executive order to be kept secret, the disclosure will be protected if made to:
- The U.S. Special Counsel,
- An Inspector General,
- An employee designated by the agency head to receive such disclosures, or
- Congress, including any committee of Congress (provided the information is not classified).
What other activity does the Whistleblower Protection Act protect?
The WPA also prohibits retaliation against employees and applicants that:
- Exercise any appeal, complaint, or grievance right granted by any law, rule, or regulation;
- Testify or lawfully assist another individual in the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation;
- Cooperate with or disclose information to the Inspector General, any other agency component responsible for internal investigation or review, or the Special Counsel, in accordance with applicable provisions of law; or
- Refuse to obey an order that would require the individual to violate a law, rule, or regulation.
How are employees and applicants protected?
The WPA makes it a prohibited personnel practice to take or fail to take, or threaten to take or fail to take, a personnel action—including appointment, promotion, transfer, or any other significant change in duties, responsibilities, or working condition—with respect to an employee or applicant because the employee or applicant made a protected disclosure or engaged in other protected activity.
Where to report whistleblower retaliation
Complaints of retaliation can be made to the U.S. Office of Special Counsel (OSC), the OIG, or both.
OSC is an independent agency in the Executive Branch that investigates and prosecutes allegations of prohibited personnel practices, including retaliation for making a protected disclosure or engaging in other protected activity. OSC is authorized to seek a temporary stay of a personnel action, pursue settlement through mediation, seek corrective and disciplinary action, and petition the Merit Systems Protection Board (MSPB). Information on how to submit a complaint to OSC may be found here.
The OIG is authorized to receive complaints and undertake investigations related to FCA programs and operations. Information on how to submit a complaint to the OIG can be found here.
In some cases, a claim of retaliation may be raised in the first instance on appeal directly to the MSPB. The MSPB provides information on whistleblower retaliation appeals here.
Where to find additional information
Overviews on making protected disclosures and prohibited personnel practices can be found in the following OSC publications: Your Rights When Reporting Wrongs and Your Rights as a Federal Employee. Additional information is available on OSC’s website.
The OIG’s Whistleblower Protection Coordinator is available to provide information to those who have made or are contemplating making a protected disclosure about the rights and remedies against retaliation.
Information for employees of FCA contractors and subcontractors
Under 41 U.S.C. § 4712, certain protections are also available to employees of FCA contractors and subcontractors, as well as personal services contractors.
Who is protected by 41 U.S.C. § 4712?
The statute protects employees of contractors, subcontractors, grantees, subgrantees, and personal services contractors (“contractor-employees”).
How are contractor-employees protected?
Contractor-employees may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing information that the contractor-employee reasonably believes to be 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.
In order to be protected, disclosures must be made to:
- A Member of Congress or a representative of a committee of Congress;
- An inspector general;
- The Government Accountability Office;
- A Federal employee responsible for contract or grant oversight or management at the relevant agency;
- An authorized official of the U.S. Department of Justice or other law enforcement agency;
- A court or grand jury; or
- A management official or other employee of the contractor, subcontractor, grantee, subgrantee, or personal services contractor who has the responsibility to investigate, discover, or address misconduct.
Where to report whistleblower retaliation?
Complaints of retaliation can be made to the OIG. Information on how to submit a complaint to the OIG can be found here.
Where to find additional information
The OIG’s Whistleblower Protection Coordinator is available to provide information to those who have made or are contemplating making a protected disclosure about the rights and remedies against retaliation.
Whistleblower protections and nondisclosure policies, forms, or agreements
5 U.S.C. § 2302(b)(13) prohibits agency officials from implementing or enforcing a non-disclosure policy, form, or agreement that fails to include the following statement, which clarifies that the restrictions are superseded by the employee’s (or applicant’s) whistleblower rights:
These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General or the Office of Special Counsel of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.
Non-disclosure agreements in effect before December 27, 2012, that do not include this language may be enforced so long as the agency gives employees notice of the above statement.
Controlling executive orders and statutory provisions are as follows:
- Executive Order No. 13526
- 5 U.S.C. § 7211 (governing disclosures to Congress)
- 10 U.S.C. § 1034, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military)
- 5 U.S.C. § 2302(b)(8) (governing disclosures of illegality, waste, fraud, abuse, or public health or safety threats)
- Intelligence Identities Protection Act of 1982 (50 U.S.C. § 421 et seq.)
- The statutes that protect against disclosure that may compromise national security, including 18 U.S.C. §§ 641, 793, 794, 798, and 952
- Section 4(b) of the Subversive Activities Control Act of 1950 (50 U.S.C. § 783(b))
