OSC Rule Seemingly Expands Federal Contractor Whistleblower Rights (CRS Report for Congress)
| Release Date |
March 11, 2015 |
| Report Number |
LS_2015-03-11_01 |
| Report Type |
Legal Sidebar |
| Authors |
Jackson, James K. |
| Source Agency |
Congressional Research Service |
Summary:
On January 22, the U.S. Office of Special Counsel (OSC), an independent investigative and prosecutorial agency that is responsible for protecting federal whistleblowers from illegal reprisal, proposed a new rule for whistleblower employees of civilian agency contractors, subcontractors, and grantees. The rule would arguably expand the disclosure rights of such whistleblowers by permitting them to bring certain allegations of federal agency wrongdoing to OSC. Under existing law, employees of civilian agency contractors, subcontractors, and grantees may generally make protected disclosures to certain individuals and entities. Protected disclosures include disclosures of information that an employee 'reasonably believes' evidences gross mismanagement of a contract or grant, gross waste of funds, abuse of authority regarding a contract or grant, or a violation of law or rule regarding a contract or grant. Employees of contractors, subcontractors, and grantees may generally make these protected disclosures to, among others, Members of Congress, an Inspector General, the Government Accountability Office (GAO), and a court or grand jury. Unlike federal employees, however, they cannot make protected disclosures to OSC under existing law.
