Basic (11-26)
GN 04113.005 Whistleblower Rights and Protections
A. Introduction
Whistleblowing happens when a person discloses wrongdoing such as fraud, waste, abuse,
or unethical or unsafe activity. Whistleblowers can be current or former federal employees
or applicants, contractors or subcontractors, grantees or subgrantees, and personal
services contractors.
B. Types of wrongdoing
The type of reportable wrongdoing depends on whether the whistleblower is an employee
or contractor.
Current or former employees or applicants may report on any of the following types
of wrongdoing:
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a violation of any law, rule, or regulation,
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a substantial and specific danger to public health or safety, or
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censorship related to scientific research if censorship meets one of the above-listed
categories.
Contractors may report on any of the following types of wrongdoing:
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gross mismanagement of a federal contract or grant;
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gross waste of federal funds,
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abuse of authority relating to a federal contract or grant,
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substantial and specific danger to public health or safety, or
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violation of law, rule, or regulation related to a federal contract (including the
competition for or negotiation of a contract) or grant.
C. Protected disclosures
Whistleblowers perform an important service for the public and the Social Security
Administration (SSA) when they report suspected wrongdoing. They are protected from
retaliation for making protected disclosures.
A disclosure is protected if it is based on reasonable belief that wrongdoing has
occurred and is made to a person or entity authorized to receive it. Employees may
make protected disclosures to anyone, including:
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SSA Office of the Inspector General (OIG) via their hotline at 1-800-263-0271 (TTY
Communications 1-866-501-2101) from 10:00 a.m. to 2:00 p.m. Eastern Standard Time,
Monday through Friday, excluding Federal holidays,
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any member of SSA or SSA OIG management,
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non-governmental audiences.
There is no time limit, restriction, or deadline to report or make a disclosure regardless
of how much time has passed since the wrongdoing occurred. However, acting quickly
is advised so that evidence is fresh, and potential witnesses do not forget details.
IMPORTANT: If the information is classified or specifically prohibited by law from release,
it may only be shared with:
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a designated agency official.
For all disclosures, classified or unclassified, a contractor is only protected if
the disclosure is made to:
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a member of Congress or a representative of a committee of Congress,
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the Government Accountability Office,
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a Federal employee responsible for contract or grant oversight or management at the
relevant agency,
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an authorized official of the Department of Justice or other law enforcement agency,
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a court or grand jury, or
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a management official or other employee of the contractor, subcontractor, or grantee
who has the responsibility to investigate, discover, or address misconduct.
Disclosures of fraud, waste, or abuse that include classified information are not
protected disclosures unless they are made in accordance with the laws and rules that
govern the proper handling and transmission of classified information. For example,
a whistleblower is not protected if disclosing classified information to an unauthorized
recipient, even if the whistleblower reasonably believes the information is evidence
of fraud, waste, or abuse.
D. Protections
Whistleblower protection laws provide protection to whistleblowers in the areas of
confidentiality and job security. These laws state that a whistleblower’s identity
must be protected unless the whistleblower consents to reveal their identity, except
in rare cases of imminent danger to public health or safety or an imminent violation
of a criminal law. The laws also mandate that whistleblowers not be subject to or
threatened with reprisal for making a protected disclosure. Agency officials are prohibited
from retaliation such as taking, threatening to take, or failing to take a personnel
action because of a whistleblower's protected disclosure. The laws cover a broad range
of personnel actions, including:
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a detail, transfer, or reassignment;
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a significant change in duties, responsibilities, or working conditions; and
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a decision concerning pay, benefits, or awards.
Since it is unlawful for any personnel action to be taken against whistleblowers for
whistleblowing, the law provides legal remedies and protections to those who experience
such retaliation including any action affecting an employee’s or contractor’s security
clearance or eligibility for access to classified information. Employees and contractors
that believe they have been retaliated against for making a protected disclosure may
contact SSA OIG or OSC.
OSC has primary jurisdiction over retaliation complaints for SSA employees. OSC has
the authority to seek a temporary pause of a pending personnel action and can seek
to correct a retaliatory personnel action for a whistleblower, among other things.
SSA contractors, subcontractors, grantees, subgrantees, or an SSA personal services
contractor, should submit a retaliation complaint to SSA OIG. It is illegal for a
federal contractor, subcontractor, grantee, or subgrantee or personal services contractor
to be discharged, demoted, or otherwise discriminated against for making a protected
disclosure.
E. Nondisclosure agreements
Nondisclosure agreements (NDA) do not take away employees’ legal right to report fraud,
waste, abuse, or illegal acts to Congress, SSA OIG, or OSC.
NDAs for SSA employees must include specific language that states that existing laws
and executive orders override any conflicting rules in the signed NDA, i.e., whistleblowing
remains fully protected after signing an NDA.
F. Whistleblower Protection Coordinator
The Whistleblower Protection Coordinator (WPC) is responsible for educating SSA employees
about prohibitions on retaliation for protected disclosures, and employees’ rights
and remedies against retaliation for protected disclosures.
The WPC is also responsible for:
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ensuring that SSA OIG is promptly and thoroughly reviewing complaints that it receives,
and that it is communicating effectively with whistleblowers throughout the process;
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coordinating with OSC, other agencies, and non-governmental organizations on related
matters.
NOTE: The law does not permit the WPC to act as a legal representative, agent, or advocate
for SSA employees, contractors, and grantees.
For more information on whistleblower rights and protections visit SSA OIG's web pageWhistleblower Rights and
Protection or email the WPC at ^Whistleblower Coordinator.
G. Whistleblower laws and resources