Frequently Asked Questions

The Office of the Whistleblower Ombuds is an independent and nonpartisan support office established to advise House offices on best practices for working with whistleblowers from the public and private sectors – whether constituents or oversight sources.

Learn more about the Office's confidential services on its Congressional Audience page.

Learn more about the Office's establishment on its Purpose page.

In broad terms, a whistleblower is an individual who discloses evidence of wrongdoing, regardless of whether subsequent retaliation occurs.

The legal definition in civil service law for a whistleblower is an employee, applicant, or former employee who discloses information that he or she reasonably believes evidences:

• A violation of law, rule, or regulation;
• Gross mismanagement;
• A gross waste of funds;
• Abuse of authority; or
• A substantial and specific danger to public health or safety.

Contrary to popular belief, an individual who discloses suspected wrongdoing does not need to experience retaliation to meet the legal definition of a whistleblower. Moreover, some individuals may better identify with the term "truth-teller" or "watchdog," for instance. Most whistleblowers simply perceive themselves as committed employees performing their jobs.

Most often, whistleblowers perceive themselves as committed employees performing their jobs. Many feel an obligation to report misconduct out of a sense of loyalty to the organizational mission. In fact, the Standards of Ethical Conduct requires executive branch employees to "disclose waste, fraud, abuse, and corruption to appropriate authorities."

The experience for a whistleblower can be traumatic and life-changing. These courageous individuals may be dealing with threats and pressures they never anticipated and feel betrayed by the institutions they have been loyal to.

In recognition of the mental health impacts of whistleblowing, The Chris Kirkpatrick Act of 2017 (Public Law No.: 115-73) requires federal agencies to report information about employee suicides that have a whistleblower nexus.

Individuals can view Whistleblower Survival Tips for key steps to consider before engaging in whistleblowing.

House offices can contact the Office of the Whistleblower Ombuds for guidance on how to safely work with whistleblowers.

The Office of the Whistleblower Ombuds is not authorized to receive disclosures from whistleblowers. Rather, the Office exists to advise House offices and their staff on best practices for working with whistleblowers. However, the Office has developed a menu of governmental and nongovernmental resources for whistleblowers on its Resources for Whistleblower page.

Before risking retaliation or liability, anyone considering blowing the whistle should consult an attorney experienced in representing whistleblowers. Also review Best Practices for Working with Congress and Whistleblower Survival Tips.

The Office has developed a Committee Jurisdiction Tool to help individuals identify a menu of House committees that may have jurisdiction over a whistleblower matter. In addition, the Council of the Inspectors General on Integrity and Efficiency (CIGIE) and the U.S. Office of Special Counsel (OSC) have developed an interactive online tool to ensure that whistleblowers are informed of the avenues available to them to report wrongdoing and retaliation.

There are significant gaps in whistleblower laws that leave certain sectors of the labor force uncovered. The Office maintains a series of sector and issue-specific whistleblower protection fact sheets, available on its Fact Sheets page.

Notably, legislative branch employees have limited anti-retaliation protections under the Congressional Accountability Act (CAA) and Clause 20 of Rule XXIII (Code of Official Conduct). Moreover, most political appointees and judicial branch employees do not have whistleblower protections.

There exists a patchwork of federal, state, and local laws, as well as First Amendment rights, that comprise the legal whistleblower landscape. Anyone considering blowing the whistle should first consult an attorney experienced in representing whistleblowers.

See the Office of Whistleblower Ombuds' Legislative Branch Whistleblowing Fact Sheet for a comprehensive overview.

Legislative branch employees have limited anti-retaliation protections under the Congressional Accountability Act (CAA). Additional information on those rights can be found at the Office of Congressional Workplace Rights. For matters that fall within the jurisdiction of the CAA, legislative branch employees can arrange a confidential meeting with the Office of Congressional Workplace Rights. House employees can also seek confidential advice and legal representation from the Office of Employee Advocacy.

Further, House Code of Official Conduct (Clause 20 of Rule XXIII) prohibits a Member, Delegate, Resident, Commissioner, officer, or employee of the House from taking any actions to prevent an individual from, or to retaliate against an individual for, providing truthful information to the Committee on Ethics, the Office of Congressional Ethics, the Office of Congressional Workplace Rights, or any law enforcement official, provided that the disclosure of such information is not otherwise prohibited by law or House rules.

House employees who want to report suspected misconduct can also arrange a confidential consultation and submit an allegation with the House Committee on Ethics , or submit an allegation with the Office of Congressional Ethics or the House Office of Inspector General.

Congress plays a critical role in both learning from, and protecting, whistleblowers. Further, Congress' constitutionally mandated oversight work very often relies on vital disclosures from employees within the public and private sectors.

There are several laws that protect whistleblower communications with Congress, such as:

• Whistleblower Protection Act (5 U.S.C. § 2302(b)(8)): Provides whistleblower protections for most federal employees who make authorized disclosures, including disclosures to Congress
• Lloyd-La Follette Act of 1912 (5 U.S.C. § 7211): Establishes the right of federal employees to communicate with Congress
• First Amendment of the U.S. Constitution: Establishes the right to free speech for all citizens, including communications with Congress

There are many additional statutes, including for the private sector, that protect whistleblower communications with Congress. The Office maintains a series of sector and issue-specific whistleblower protection fact sheets, available on its Fact Sheets page.

Further, Congress has established penalties for individuals who try to interfere with lawful whistleblower communications to Congress or engage in retaliation. See the Office's guidance document Holding Retaliators Accountable for additional information.

See the Office of the Whistleblower Ombuds' Intelligence Community Whistleblowing Fact Sheet for a comprehensive overview.

Whistleblower disclosures that involve classified information are permitted only if made through appropriate, lawful channels. Providing classified documents to unauthorized recipients could result in criminal prosecution.

Intelligence Community (IC) employees and contractors working in any of the IC elements must follow the processes established within the Intelligence Community Whistleblower Protection Act (ICWPA) for making a protected disclosure to the congressional intelligence committees.

Federal employees or applicants covered under the Whistleblower Protection Act also have the right to make classified disclosures to Congress, if the information was classified by the heads of non-IC elements and if the disclosure does not reveal sources and methods.

Anyone considering making a classified whistleblower disclosure should first consult an attorney experienced in representing national security whistleblowers.

There are several laws that require the protection of whistleblower confidentiality. For example:

• The House Code of Official Conduct (Clause 21 of Rule XXIII) prohibits a Member, Delegate, Resident Commissioner, officer, or employees of the House from knowingly and willfully publicly disclosing the identity or personally identifiable information of an individual who is covered under federal whistleblower laws. There are some exemptions, such as when the individual has provided express written consent to such disclosure.
• Under the Whistleblower Protection Act (5 U.S.C.§1213(h)) the Office of Special Counsel may not disclose the identity of any individual who makes a protected disclosure without the individual's consent, unless it is "necessary because of an imminent danger to public health or safety or imminent violation of any criminal law."
• The Inspector General Act (5 U.S.C. § 407) requires the Inspectors General and their staff maintain whistleblower confidentiality "unless otherwise unavoidable" or unless the whistleblower provides consent to have their identity shared. In addition, under the Privacy Act of 1974 (5 U.S.C.§552a) it is illegal for the government to publicly disclose personal information about an individual without their consent.

Despite legal protections, a whistleblower's identity could still be revealed by their employer, colleagues or other individuals aware of their whistleblowing. Revealing a whistleblower's identify can have a significant chilling effect and deter other employees from reporting waste, fraud, abuse or other misconduct.

The Office of the Whistleblower Ombuds has developed a Template Whistleblower Confidentiality Policy ,and it stands ready to assist House offices with compliance with Clause 21 and maintaining whistleblower confidentiality.