CIG Whistleblower Protection & Reprisal Investigations 2 — Questions and Answers
Question 1: Which law protects federal contractor employees, subcontractor employees, and grantee employees who report fraud, waste, or abuse on federal contracts?
- The Whistleblower Protection Act of 1989
- The National Defense Authorization Act whistleblower provisions
- 41 U.S.C. § 4712 (contractor whistleblower protections) (Correct answer)
- The Lloyd-LaFollette Act
Correct answer: 41 U.S.C. § 4712 (contractor whistleblower protections)
41 U.S.C. § 4712, enacted as part of the National Defense Authorization Act for Fiscal Year 2013 and made permanent in 2016, provides whistleblower protections for employees of federal contractors, subcontractors, and grantees.
Question 2: The Whistleblower Protection Enhancement Act of 2012 expanded protections to cover which category of employees that was previously excluded?
- State government employees
- Transportation Security Administration (TSA) employees (Correct answer)
- Members of Congress
- Private sector employees
Correct answer: Transportation Security Administration (TSA) employees
The Whistleblower Protection Enhancement Act of 2012 extended whistleblower protections to TSA employees, who had been excluded from the Whistleblower Protection Act.
Question 3: Under the Inspector General Reform Act of 2008, what new protection was added for individuals who report wrongdoing to an Inspector General?
- Guaranteed anonymity for all IG complainants
- Criminal penalties for anyone who discloses complainant identity
- Prohibition on disclosing the identity of complainants without consent (Correct answer)
- Mandatory financial rewards for successful IG disclosures
Correct answer: Prohibition on disclosing the identity of complainants without consent
The Inspector General Reform Act of 2008 prohibits IGs from disclosing the identity of employees who report to the IG without the employee's consent, strengthening confidentiality protections.
Question 4: What is a 'qui tam' action under the False Claims Act?
- A government-initiated criminal prosecution for fraud
- A lawsuit filed by a private individual on behalf of the government to recover losses from fraud (Correct answer)
- An administrative proceeding before the MSPB for reprisal
- A civil monetary penalty action initiated by an Inspector General
Correct answer: A lawsuit filed by a private individual on behalf of the government to recover losses from fraud
A qui tam action allows a private citizen (relator) to sue on behalf of the government for fraud against the U.S., sharing in any financial recovery while the government decides whether to intervene.
Question 5: Under the Whistleblower Protection Act, which of the following is NOT considered a prohibited personnel practice against a whistleblower?
- Removal or demotion
- Significant change in duties
- Reprimand or suspension
- Assigning the employee to a different geographic location for a legitimate operational reason (Correct answer)
Correct answer: Assigning the employee to a different geographic location for a legitimate operational reason
A legitimate geographic reassignment based on genuine operational needs, unconnected to protected disclosures, does not constitute a prohibited personnel practice under the WPA.
Question 6: Which standard applies when an Inspector General is determining whether a complainant's identity should be protected during a reprisal investigation?
- Identity is always disclosed to the subject of investigation
- Identity is protected only if the complainant requests it in writing
- IGs are prohibited from disclosing complainant identity without consent (Correct answer)
- Identity is disclosed once the investigation is complete
Correct answer: IGs are prohibited from disclosing complainant identity without consent
Per the IG Reform Act of 2008, Inspectors General are generally prohibited from disclosing the identity of anyone who reports information to the IG's office without that person's explicit consent.
Question 7: If the Office of Special Counsel determines a reprisal complaint has merit, what is the primary action it may take?
- Impose criminal sanctions on the retaliating official directly
- Seek corrective action and, if necessary, bring the case before the Merit Systems Protection Board (Correct answer)
- Immediately reinstate the employee without further proceedings
- Refer the matter to the Department of Justice for prosecution
Correct answer: Seek corrective action and, if necessary, bring the case before the Merit Systems Protection Board
The OSC may seek corrective action voluntarily from the agency, and if the agency does not comply, the OSC can petition the Merit Systems Protection Board to order corrective action.
CIG Whistleblower Protection & Reprisal Investigations 2
Which law protects federal contractor employees, subcontractor employees, and grantee employees who report fraud, waste, or abuse on federal contracts?