Whistleblower Protection Information

Protected Disclosures

Current and former HHS employees, applicants for HHS employment, HHS contractors, subcontractors, personal services contractors, grantees, and subgrantees who disclose information to OIG, and other authorized recipients are protected from retaliation under the Whistleblower Protection Act of 1989, 41 U.S.C. § 4712 and Presidential Policy Directive 19 (PPD-19). Additionally, members of the U.S. Public Health Service Commissioned Corps are protected from retaliation for making public disclosures under the Military Whistleblower Protection Act, 10 U.S.C. § 1034 and cannot be restricted from communicating with OIG or a member of Congress. These laws protect whistleblowers who report specific wrongdoing. In order for the report to be considered a protected disclosure, it must meet the following criteria:

1. The disclosure must be based on a reasonable belief that the alleged wrongdoing has occurred. As explained in the chart below, the definition of wrongdoing varies slightly depending upon your place of employment.
2. The disclosure must be made to a person or entity that is authorized to receive it (i.e. authorized recipients). Employees who reasonably believe they have evidence of wrongdoing are always protected for submitting information to the OIG Hotline. However, as explained in the chart below, there are some limitations as to who is authorized to receive a disclosure depending upon your place of employment.

The chart below outlines the protected disclosures that may be made under Federal whistleblower laws and authorized recipients for those disclosures:

Whistleblower Type	Wrongdoing Defined	Authorized Recipients
HHS Civilian Employees	Violation of any law, rule, or regulation; Gross mismanagement; Gross waste of funds; Abuse of authority; or Substantial and specific danger to public health or safety Censorship related to scientific research or analysis (scientific integrity)	In general, employees may disclose information to anyone, including non-governmental audiences, unless the information is classified or specifically prohibited by law from release. However, if the information is classified or specifically prohibited by law from release, it may only be shared with OIG, OSC, or a designated agency official.
U.S. Public Health Service Commissioned Corps Officers	Violation of any law or regulation, including those prohibiting rape, sexual assault, sexual harassment, or unlawful discrimination; Gross mismanagement; Gross waste of funds; Abuse of authority; Substantial and specific danger to public health or safety; or A threat by another member of the Service or Federal Government employee that indicates a determination or intent to kill or cause serious bodily injury to members of the Service or civilians, or damage to military, Federal, or civilian property. Censorship related to scientific research or analysis (scientific integrity)	Member of Congress; Office of Inspector General; Person or organization within the officer's chain of command; Member of an HHS audit, inspection, investigation, or law enforcement organization; Court martial proceeding; Person or organization designated by regulation or administrative procedures to receive such communications (see Commissioned Corps Directive 121.06).
Contractors and Grantees	Gross mismanagement of a Federal contract or grant; Gross waste of Federal funds; Abuse of authority relating to a Federal contract or grant; Substantial and specific danger to public health or safety; or Violation of a law, rule, or regulation related to a Federal contract or grant (including competition for or negotiation of a contract). Censorship related to scientific research or analysis (scientific integrity)	Member of Congress or a representative of a committee of Congress; Office of Inspector General; Government Accountability Office; A Federal employee responsible for contract or grant oversight or management at the relevant agency; An authorized official of the Department of Justice or other law enforcement agency; A court or grand jury; A management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover or address misconduct.

• Other Information for Potential Whistleblowers

  Making the decision to report fraud, waste, or abuse found within your place of employment is a courageous decision, but one that is necessary in order to protect Government systems from fraud, waste, and abuse. Potential whistleblowers should be aware of the following information while making their reports to OIG:

  • Employees who report allegations of wrongdoing must provide sufficient information for the OIG to commence an inquiry. This is particularly important when the employee wishes to remain confidential. Employees who file a complaint alleging that they experienced whistleblower retaliation are strongly encouraged to disclose their identity to OIG to allow for effective investigation of the alleged retaliation. Anonymous whistleblower retaliation complaints may be declined for investigation.
  • Section 7(b) of the Inspector General Act of 1978 prohibits OIG from disclosing the identity of an employee from which it has received a complaint or information without the consent of that employee. A notable exception to this rule is that OIG may disclose identifying information (without employee consent) when the disclosure is unavoidable during the course of an investigation. Employee complaints are important to OIG and it carefully maintains the information it receives.
  • Employees must be candid and truthful with investigators or others to whom they disclose alleged wrongdoing or mismanagement.
  • An employee's right to protection against reprisal does not extend immunity for the employee's own involvement in wrongdoing or mismanagement.
  • Agencies are responsible for ensuring that contractors, grantees and their subs inform their employees in writing of the rights and remedies afforded to them as whistleblowers under 41 U.S.C. 4712. To learn more about grantee and contractor employee whistleblower protections, please refer to the Whistleblower Protection Coordinator FAQs.

  Disclosures of information protected by law should be made to a Government agency, such as OIG, that is authorized to receive and investigate such disclosures. Please refer to the list of authorized recipients for whistleblower disclosures provided above.

• Whistleblower Protection Coordinator Program

  Section 3(d) of the Inspector General Act of 1978 created the role of the Whistleblower Protection Ombudsman, renamed the "Whistleblower Protection Coordinator" by the Whistleblower Protection Coordination Act of 2018. The HHS/OIG Whistleblower Protection Coordinator ("Coordinator") provides education about protections for current or former HHS employees who make protected disclosures. In doing so, the Coordinator works with HHS Operating Divisions and Staff Divisions to increase awareness of prohibitions against whistleblower retaliation. The Coordinator provides general information to HHS employees regarding the means by which they may seek review of their retaliation complaints, and the rights and remedies available to Federal employees who have been retaliated against for making protected disclosures. Specifically, the Coordinator provides employee complainants with information on how to contact organizations, including OIG, that address retaliation allegations. Finally, the Coordinator can provide general information regarding the timeliness of retaliation complaints, the availability of alternative dispute mechanisms for HHS employees, and also promote the timely and appropriate handling and consideration of protected disclosures by OIG.

  This program was authorized by the Whistleblower Protection Enhancement Act of 2012, which became law on November 27, 2012. The program was revised by the Whistleblower Protection Coordinator Act and signed into law on June 25, 2018. By law, the Coordinator is prohibited from acting as a complainant's legal representative, agent, or advocate. You can learn more about the Whistleblower Coordinator and whistleblower retaliation protections by visiting the Whistleblower Protection Coordinator page.

• Employee Nondisclosure Agreements

  The Whistleblower Protection Enhancement Act of 2012 requires that the following statement be included in all nondisclosure policies, forms or agreements applying to current or former Federal Government employees:

  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 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.

  • Executive Order No. 13526;
  • 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 (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 Act of 1950 (50 U.S.C. 783(b))

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