| Federal Whistleblower Protections |
The following is a list of the current whistleblowers protections under federal law. These laws are compiled in the publication, Federal Whistleblower Laws and Regulations , which is available for purchase from the NWC. You may also look these laws up using the NWC's Internet Law Library to search the U.S. Code and the Code of Federal Regulations. Constitutional Protection/Freedom of SpeechFirst Amendment to the U.S. Constitution Fourteenth Amendment to the U.S. Constitution Civil Rights Act of 1871, 42 U.S.C. § 1983 Civil Rights Act of 1871, 42 U.S.C.§ 1985 (2) and (3) Civil Rights Attorney's Fee Act, 42 U.S.C. § 1988(b) and (c) Corporate/Financial/Manufacturing Whistleblower ProtectionsConsumer Product Safety Act of 2008 Whistleblower Protection H.R. 4040 Section 219 15 U.S.C. § __ Corporate and Criminal Fraud Accountability Act, Sec. 806, Sarbanes-Oxley Act of 2002 Protection for employees of publicly traded companies who provide evidence of fraud, 18 U.S.C. § 1514A Corporate Responsibility Sec. 301, Sarbanes-Oxley Act of 2002 Audit Committee, 15 U.S.C. § 78j -1-4 Sec. 3(b)(1) of Sarbanes-Oxley Enforcement 15 U.S.C. 7202(b)(1) Corporate Responsibility Sec. 307, Sarbanes Oxley Act of 2002 Rules of Professional Responsibility for Attorneys 15 U.S.C. § 7245 Standards Relating To Listed Audit Committees Securities And Exchange Commission Final Rule 68 Federal Register 18788-01 Credit Union, Employee Protection Provision, 12 U.S.C. § 1790b FDIC, Employee Protection Provision, 12 U.S.C. § 1831j Monetary Transactions, Whistleblower Protection Provision (amended version) 31 U.S.C. § 5328 Corporate and Criminal Fraud Accountability Act Sec. 806, Sarbanes-Oxley Act of 2002 Final Rule 29 CFR Part 1980 U.S. Department of Labor Vol. 69 Federal Register 52104 (August 24, 2004) Standards of Professional Conduct for Attorneys Securities and Exchange Commission 17 C.F.R. Part 205 Securities And Exchange Commission Audit Committee Rules/Complaint Process Final Rule 17 CFR 240.10A-3(b)(iv)(F)(3) Environmental WhistleblowersClean Air Act, Employee Protection Provision* 42 U.S.C. § 7622 Comprehensive Environmental Response, *Compensation and Liability Act ("Superfund"), Employee Protection Provision 42 U.S.C. § 9610 Pipeline Safety Improvement Act, 49 U.S.C. § 60129 Safe Drinking Water Act, Employee Protection Provision* 42 U.S.C. § 300j-9(I) Solid Waste Disposal Act,*42 U.S.C. § 6971 Surface Mining Act, 30 U.S.C. § 1293 Toxic Substances Control Act, Employee Protection Provision *15 U.S.C. § 2622 Water Pollution Control Act, Employee Protection Provision *33 U.S.C. § 1367 Office of the Secretary of Labor Part 24-Procedures for the Handling of Discrimination Complaints under Federal Employee Protection Laws 29 CFR Part 24 Office of Surface Mining Reclamation and Enforcement, Department of the Interior, Protection of Employees, 30 CFR § 865 Pipeline Safety DOL Rules and Procedures Final Rule 69 Federal Register 67 175889-17898 Nuclear Whistleblower ProtectionsAtomic Energy Act/Energy Reorganization Act, *42 U.S.C. § 5851 Department of Energy, Defense Activities Whistleblower Protection Program, 42 U.S.C. § 7239 Limitation on Legal Fee Reimbursement 42 USCS § 5853 Department of Energy Acquisition Regulation; Rewrite of Regulations Governing Management and Operating Contracts, Department of Energy Action Final Rule 65 Federal Register 80994 (December 22, 2000) Nuclear Regulatory Commission, Employee Protection, 10 CFR § 2.206 Nuclear Regulatory Commission, Employee Protection 10 CFR § 50.7 Department of Energy, Contractor Employee Protection Program 10 CFR § 708 Department of Energy, Whistleblower Enforcement Policy, 10 CFR Part 820 App. A (XIII) NRC and DOL Memorandum of Understanding, (Employee Protection), (October 21, 1998) Nuclear Regulatory Commission Statement of Policy, Freedom of employees to raise safety concerns without fear of retaliation, (May 14, 1996) Transportation/Airline SafetyAviation Investment and Reform Act for the 21st Century, 49 U.S.C. § 42121 Coast Guard Whistleblower Protection Provision of Seamen against discrimination 46 U.S.C. § 2114 Railway Safety Labor Act: Employee Protection, 49 U.S.C. § 20109 Safe Containers for International Cargo Act, Employee Protection Provision, 46 U.S.C.§ 80507 Surface Transportation Assistance Act 49 U.S.C. §31101 Occupational Safety and Health Administration, Rules for Implementing Section 405 of the Surface Transportation Assistance Act, 29 CFR § 1978 Public Transportation Employee Protections National Transit Systems Security Act of 2007 (August 3, 2007) 6 U.S.C. § 1142 Coast Guard Rules and Regulations Department of Transportation, Coast Guard Whistleblower Protection, Agency: Officer of the Secretary, Action, Final Rule, 33 CFR part 53, 56 FR13404 (April 2, 1991) FAA and OSHA Memorandum of Understanding, 67 FR 55883 Occupational Safety and Health Administration, Procedures for Handling of Discrimination Complaints Aviation Investment and Reform Act 68 Federal Register 14099 29 CFR § 1979 Department of Transportation, Federal Motor Carrier Safety Administration, Minimum Training Requirements 49 CFR Part 380 (May 21, 2004) Coast Guard Board For Correction of Military Records, Procedural Regulations 69 Federal Register 34532 March 3, 2003 Final Rule Railroad Employee Protections Amending the Federal Rail Safety Act, (August 3, 2007) 49 U.S.C. § 20109 Motor Carrier Employee Protections Amending the Surface Transportation Assistance Act (August 3, 2007) 49 U.S.C. § 31105 Workplace Health and SafetyAsbestos School Hazard Abatement, Employee Protection Provision, 20 U.S.C. § 4018 Asbestos School Hazard Detection and Control, Employee Protection Provision, 20 U.S.C. § 3608 Mine Health and Safety Act, Nonretaliation Act, 30 U.S.C. § 815(c) Occupational Safety and Health Act, Nonretaliation Provision, 29 U.S.C. § 660(c) Occupational Safety and Health Administration, Discrimination Against Employees Exercising Rights Under the Williams Steiger Occupational Safety and Health, Act of 1970 29 CFR § 1977 Federal Mine Safety and Health Review Commission, Complaints of Discharge, Discrimination and Interference, 29 CFR § 2700 Subpart D & E Criminal Prohibition Against RetaliationObstruction of Justice, Retaliation Against Informants, 18 U.S.C. § 1513(e) Obstruction of Justice, Tampering with a witness, victim, or an informant 18 U.S.C. § 1512 (b)(c)(d) and (e) Racketeer and Corrupt Organizations Act, 18 U.S.C. § § 1961, 1962 and 1964 Retaliation for Exercise of Civil Rights,18 U.S.C. § 241 United States Sentencing Commission, Guideline Manual Section 8B2.1 (Nov.1, 2004) Federal Contractor Fraud
Federal Employee Whistleblower Protections
Workplace Discrimination and Civil RightsAge Discrimination in Employment Act, Nonretaliation Provision, 29 U.S.C. § 623(d) Americans With Disabilities Act, 42 U.S.C. § 12203Civil Rights Act 1964, Title VII, 42 U.S.C. § 2000e-3(a)Civil Rights Act of 1871, Conspiracy to interfere with civil rights 42 U.S.C. § 1985(3)
Family and Medical Leave Act, 29 U.S.C. §§ 2615(a) & (b), & 2617 Labor RightsEmployee Retirement Income Security Act Interference with protected rights, 29 U.S.C. § 1140 Fair Labor Standards Act/Equal Pay Act, Nonretaliation Provision, 29 U.S.C. § 215(a)(3) Fair Labor Standards Act/Equal Pay Act, Penalties and Damages, 29 U.S.C. § 216 Fair Labor Standards Act/Equal Pay Act, Statute of Limitations 29 U.S.C. § 255 Job Training and Partnership Act, Nonretaliation Provision, 29 U.S.C. § 1574(g) x Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 948a Migrant and Seasonal Agricultural Workers Protection Act, Nonretaliation Provision, 29 U.S.C. § 1855 National Labor Relations Act, Nonretaliation Provision, Unfair Labor Practices, 29 U.S.C. § 158(a)(4) Employee Polygraph Protection, Employee Protection Provision 29 U.S.C. § 2002 Military Whistleblower Protection Military Law-Armed Forces/Prohibition of Retaliatory Personnel Actions, 10 U.S.C. § 1034 Military Law-Procurement/ Contractor Employees: Protection from Reprisal for Disclosure of Certain Information, 10 U.S.C. § 2409 Military Whistleblower Protection Department of Defense Directive Number 7050.6 (July 23, 2007) IRS Whistleblower Informant AwardIRS Payment for Detection of Fraud 26 U.S.C.A. § 7263 Rewards for Information Relating to Violation of Internal Revenue Laws 26 CFR 301.7263-1 Internal Revenue Service Department of Treasury Notice 2008-4 Claims Submitted to the IRS Whistleblower Office under Section 7623 Part III-Administrative, Procedural, and Miscellaneous of Contents xiii Internal Revenue Service U.S. Department of Treasury History of the Whistleblower/Informant Program Internal Revenue Service U.S. Department of Treasury Whistleblower-Informant Award Internal Revenue Service History of the Whistleblower / Informant Program-Historical Information on the Evolution of the Concept of Paying for Leads From Its Inception up to the Current Law Followed Today Internal Revenue Service U.S. Department of Treasury What Happens to a Claim for an Informant Award (Whistleblower) Process for Evaluating Whistleblower's Claim Internal Revenue Service U.S. Department of Treasury How Do You File a Whistleblower Award Claim Under Section 7623 (a) or (b); Form 211 Merit System Protection Board Procedures for Adjudicating Whistleblower CasesMerit Systems Protection Board Part 1201 Practices and Procedures, 5 CFR Part 1201 Merit Systems Protection Board Part 1209 Practices and Procedures for Appeal and Stay Requests of Personnel Actions Allegedly Based on Whistleblowing, 5 CFR Part 1209 Merit Systems Protection Board Rules and Regulations 5 CFR Part 1209 Practices and Procedures for Appeals and Stay Requests of Personnel Actions Allegedly Based on Whistleblowing 65 Federal Register 67607 Department of Labor Adjudicatory Procedures for Corporate, Environmental, Nuclear, Airline and Transportation Whistleblower Claims Department of Labor, Rules of Practice and Procedure for Administrative Hearings before the Office of Administrative Law Judges, 29 CFR Part 18 Procedures for the Handling of Retaliation Under Federal Employee Protection Statutes 29 CFR Part 24 Interim Final Rule (Public comment due on October 9, 2007) Appendix A to part 24 Your Rights Under the Energy Reorganization Act OSHA Policy on Settlement Agreements Containing Future Employment Waiver Clauses July 23, 2007 Taxation of Whistleblower JudgmentsCivil Rights Tax Relief 26 U.S.C. § 62 (a) (20) and (e) Annuity-Deferred Compensation payments Internal Revenue Service (I.R.S.) Field Service Advisory Section 451-General Rule for Taxable Year of Inclusion (Year Received v. Not Year Received) ontents xv Freedom of Information and Privacy Freedom of Information Act, 5 U.S.C. § 552 Privacy Act, 5 U.S.C. § 552a |
Federal Whistleblower Laws and Regulations is the first compilation of federal statues, regulations, and administrative adjudicatory rules covering employee whistleblowers. The text contains over 90 federal statutes and regulations, including the Sarbanes-Oxley corporate whistleblower law, the False Claims Act, and the Whistleblower Protection Act.