Notice of Whistleblower Protections under ARRA

Section 1553 of Division A, Title XV of the American Recovery and Reinvestment Act of 2009, P.L. 111-5, provides protections for certain individuals who make specific disclosures about uses of Recovery Act funds.

Who is protected?

  • Employees of non-federal employers receiving Recovery funds, including State and local governments
  • Contractors
  • Subcontractors
  •  Grantees
  • Professional membership organizations acting in the interest of Recovery fund recipients

 What are whistleblowers protected from?

Being discharged, demoted, or otherwise discriminated against as a reprisal for making a protected disclosure.

 What kinds of disclosures are protected?

  • To be protected, the disclosure must be made by the employee to one of the following:
    • The Recovery Accountability and Transparency Board
    • An Inspector General
    • The Comptroller General of the United States
    • A member of Congress
    • A state or federal regulatory or law enforcement agency
    • A person with supervisory authority over the employee
    • A court or grand jury
    • The head of a federal agency or his/her representatives

What must the disclosure include?

  • The disclosure must include evidence of one of the following:
    • Gross mismanagement of a Recovery contract or grant
    • Gross waste of Recovery funds
    • A substantial and specific danger to public health or safety as related to the use of Recovery funds
    • An abuse of authority related to the use of Recovery funds
    • A violation of law, rule, or regulation related to an agency Recovery contract or grant