3.907-5 Access to investigative file of Inspector General
Source: FAR 3.907-5 on acquisition.gov
FAR 3.907-5 grants whistleblowers and, in some cases, employers access to Inspector General investigative files in reprisal cases, but access is strictly governed by the Privacy Act and may be limited to protect sensitive information or ongoing investigations.
Overview
FAR 3.907-5 outlines the rights and limitations regarding access to the investigative files of the Inspector General (IG) in cases where an employee alleges reprisal under the American Recovery and Reinvestment Act of 2009 (Recovery Act). It specifies when and how employees, and in some cases non-Federal employers, may access these files, and under what circumstances the IG may withhold information. The section also reinforces compliance with the Privacy Act and other applicable laws regarding disclosure.
Key Rules
- Employee Access to IG Files
- Employees alleging reprisal are entitled to access the IG's investigative file, subject to the Privacy Act, once an appeal is filed to the agency head or a court.
- Access in Civil Actions
- If a civil action is brought under section 1553(c)(3) of the Recovery Act, both the employee and the non-Federal employer may access the IG file, again subject to the Privacy Act.
- Exclusions from Disclosure
- The IG may withhold information protected by law or information that could impede ongoing investigations, risk law enforcement operations, or reveal confidential sources.
- Restrictions on IG Disclosure
- The IG must not disclose information about the reprisal allegation except as allowed by the Privacy Act or other federal law.
Responsibilities
- Contracting Officers: Ensure that contractors are aware of whistleblower protections and related disclosure procedures.
- Contractors: Understand rights and limitations regarding access to IG investigative files in reprisal cases.
- Agencies/IG: Control access to investigative files, protect sensitive information, and comply with the Privacy Act and other laws.
Practical Implications
- This section ensures transparency for whistleblowers while protecting sensitive investigative information.
- Contractors and employees must be aware of both their rights to access and the limitations imposed by law.
- Common pitfalls include misunderstanding the timing of access and the scope of information that may be withheld by the IG.
(a) The employee alleging reprisal under this section shall have access to the investigation file of the Inspector General, in accordance with the Privacy Act, http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" target="_blank">5 U.S.C. §552a. The investigation of the Inspector General shall be deemed closed for the purposes of disclosure under such section when an employee files an appeal to the agency head or a court of competent jurisdiction.
(b) In the event the employee alleging reprisal brings a civil action under section 1553(c)(3) of the Recovery Act, the employee alleging the reprisal and the non-Federal employer shall have access to the investigative file of the Inspector General in accordance with the Privacy Act.
(c) The Inspector General may exclude from disclosures made under 3.907-5(a) or (b)-
(1) Information protected from disclosure by a provision of law; and
(2) Any additional information the Inspector General determines disclosure of which would impede a continuing investigation, provided that such information is disclosed once such disclosure would no longer impede such investigation, unless the Inspector General determines that the disclosure of law enforcement techniques, procedures, or information could reasonably be expected to risk circumvention of the law or disclose the identity of a confidential source.
(d) An Inspector General investigating an alleged reprisal under this section may not respond to any inquiry or disclose any information from or about any person alleging such reprisal, except in accordance with http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim" target="_blank">5 U.S.C. 552a or as required by any other applicable Federal law.