testifying to congress

Our Special Agent Client Testifying To Congress

If you are a federal employee who has information you need to get to Congress, you may wonder, “Am I protected?”

Start here:

  • 5 U.S.C. § 7211–Employee’s Right to Petition Congress–“The right of employees, individually or collectively, to petition Congress or a Member of Congress, or to furnish information to either House of Congress, or to a committee or Member thereof, may not be interfered with or denied.”
  • And, from the latest update to the whistleblower law…5 U.S.C. § 2302(b)(13)–{describing prohibited actions, with our bolding added}
    • [an employee shall not]  implement or enforce any nondisclosure policy, form, or agreement, if such policy, form, or agreement does not contain the following statement: “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.”  {Then:} This subsection shall not be construed to authorize the withholding of information from Congress or the taking of any personnel action against an employee who discloses information to Congress.


Also set a bookmark for this reference:  Whistleblower Protections Under Federal Law: An Overview from the Congressional Research Service (with thanks to Federation of American Scientists for posting that). But even that comprehensive survey does not reflect the expanded protections under the latest amendments to the whistleblower law, such as 2302(b)(13) that we reference above. For more on that newer law, see our previous post linked here.