Whistleblowers perform an important service for the public, the FCC, and the OIG when they report evidence of wrongdoing. Federal laws such as the Whistleblower Protection Act of 1989 (WPA) and the Whistleblower Protection Enhancement Act of 2012 protect FCC employees, applicants for employment, contractors, subcontractors, and grantees from retaliation for disclosing allegations of wrongdoing – specifically allegations of a violation of law, rule or regulation; gross mismanagement; gross waste of funds; abuse of authority; or a substantial or specific danger to public health or safety.
Federal officials are prohibited from taking, threatening or failing to take personnel action against a whistleblower for making a “protected disclosure.” A disclosure is protected if it is based on a reasonable belief that wrongdoing has occurred and if the disclosure is made to a person or entity authorized to receive it.
Whistleblower Retaliation
If you believe you have been subject to retaliation for a protected whistleblowing activity, you may contact either of the following offices:
- U.S. Office of Special Counsel (OSC): The OSC is an independent federal investigative and prosecutorial agency designed to protect federal employees and applicants from prohibited personnel practices, especially allegations of whistleblower retaliation. The OSC has the authority to seek a temporary stay of a pending personnel action and can seek to correct a retaliatory personnel action on behalf of a whistleblower. Use the following link to file a complaint with OSC.
FCC OIG: The FCC OIG has the authority to review complaints submitted regarding allegations of whistleblower retaliation. To file a complaint with the FCC OIG, send details to WPC@fcc.gov.
If you are an FCC employee filing a complaint concerning allegations of discrimination based on your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), and/or disability; or allegations of retaliation because of a civil rights complaint you made; or personnel action appeals, you may contact:
How to Make a Protected Disclosure
Information for FCC Employees
Employees who reasonably believe they have evidence of wrongdoing are always protected for submitting that information to the FCC OIG Hotline. It is unlawful for the FCC to retaliate against you for making a “protected disclosure.” A disclosure is protected if it meets two criteria:
- The disclosure must be based on a reasonable belief that wrongdoing has occurred; and
- The disclosure must be made to a person or entity that is authorized to receive it. In general, employees may disclose information to anyone, including non-governmental audiences, unless the information is classified or specifically prohibited by law from release. If the information is classified or specifically prohibited by law from release, you may call the OIG at 1-888-863-2244 or 202-418-0473 for guidance. Also, you may contact the OSC or a designated agency official.
Information for Employees of Contractors, Subcontractors, Grantees, or Subgrantees or Personal Services Contractors
It is unlawful for the FCC to retaliate against you for making a “protected disclosure.” A disclosure is protected if it meets two criteria:
- The disclosure must be based on a reasonable belief that wrongdoing has occurred; and
- For all disclosures, classified or unclassified, an employee of a contractor or grantee is only protected if the disclosure is made to:
(A) A Member of Congress or a representative of a committee of Congress;
(B) An Inspector General;
(C) The Government Accountability Office;
(D) A Federal employee responsible for contract or grant oversight or management at the relevant agency;
(E) An authorized official of the Department of Justice or other law enforcement agency;
(F) A court or grand jury; or
(G) A management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover, or address misconduct.
How to Report Retaliation or Reprisal for Blowing the Whistle
No one should ever be subject to or threatened with reprisal for coming forward with a protected disclosure. It is unlawful for any personnel action to be taken against you because of your whistleblowing. If you believe you have been retaliated against for making a protected disclosure, you may file a retaliation complaint, under the guidelines below.
Information for FCC employees
If you are an FCC employee, you may submit a retaliation complaint to OSC or through the OIG Hotline. OSC has primary jurisdiction over retaliation complaints for most federal employees, including all FCC employees. OSC has unique authorities, including the ability to seek a temporary stay of a pending personnel action, and can seek to correct a retaliatory personnel action on your behalf. If you submit your complaint to the OIG, we will review it and let you know whether it is appropriate for the OIG to investigate or whether it should be referred to OSC or elsewhere. Allegations of reprisal regarding EEO matters generally should be addressed through the EEO process.
Information for Employees of Contractors, Subcontractors, Grantees, or Subgrantees or Personal Services Contractors
Under 41 U.S.C. § 4712, it is illegal for an employee of a federal contractor, subcontractor, grantee, or subgrantee or personal services contractor to be discharged, demoted, or otherwise discriminated against for making a protected disclosure. If you are an employee of a FCC contractor, subcontractor, grantee, subgrantee, or a personal services contractor, you may submit a retaliation complaint to the FCC OIG Whistleblower Coordinator.
by mail:
Office of Inspector General Hotline
Federal Communications Commission
45 L Street NE
Washington, DC 20554
by email: WPC@fcc.gov
and by Telephone: 1-888-863-2244 or 202-418-0473
Nondisclosure Agreements
Pursuant to the Whistleblower Protection Enhancement Act of 2012, the following statement applies to non-disclosure policies, forms, or agreements of the federal government with current or former employees, including those in effect before the Act’s effective date of December 27, 2012:
“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.”
The controlling Executive Orders and statutory provisions in the event of any conflict with a non-disclosure policy, form, or agreement include, as of March 14, 2013:
- Executive Order No. 13526 (governing classified national security information);
- Section 7211 of Title 5, United States Code (governing disclosures to Congress);
- Section 1034 of Title 10, United States Code as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military);
- Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act of 1989 and the Whistleblower Protection Enhancement Act of 2012 (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.) (governing disclosures that could expose confidential Government agents);
- The statutes which protect against disclosure that may compromise the national security, including Sections 641, 793, 794, 798, and 952 of Title 18, United States Code; and
- Section 4(b) of the Subversive Activities Control Act of 1950 (50 U.S.C. 783(b)).
Related Memoranda and Reports
The OIG performed a review of the FCC's non-disclosure policies, forms, and agreements to ensure compliance with the WPEA.
Whistleblower Protection Coordinator
The Inspector General Act, as amended, and the WPA require FCC OIG to designate an individual to serve as the OIG’s Whistleblower Protection Coordinator (WPC) to educate FCC OIG employees and supervisors regarding prohibitions on retaliation for protected disclosures.
The WPC is also instructed to educate employees who have made or are contemplating making a protected disclosure about the rights and remedies available to them, and to ensure that OIG is promptly and thoroughly reviewing any complaints it receives. The WPC coordinates with the OSC, and other agencies and organizations, on relevant matters.
The WPC cannot act as a legal representative, agent or advocate for any individual whistleblower. The WPC provides information to allow individuals to make their own choices about a particular situation they are in. For more information, you may contact the OIG WPC at WPC@fcc.gov.
The Merit Systems Protection Board (MSPB)
MSPB has the authority to enforce OSC decisions and to order corrective and disciplinary actions. More information on whistleblower MSBP appeals is available at https://www.mspb.gov/appeals/whistleblower.htm.
Educational Resources
- U.S. Office of Special Counsel: Disclosure of Wrongdoing
- U.S. Office of Special Counsel: Whistleblowing
- U.S. Office of Special Counsel: Know Your Rights When Reporting Wrongdoings
- U.S. Office of Special Counsel: Whistleblower Retaliation
- U.S. Office of Special Counsel: Prohibited Personnel Practices
- U.S. Office of Special Counsel: Know Your Rights as a Federal Employee