Whistleblower Protections

Whistleblower Protections for FHFA and FHFA-OIG Employees and for Employees of FHFA and FHFA-OIG Contractors, Subcontractors and Grantees

Employees of FHFA-OIG, FHFA, and of FHFA’s contractors, subcontractors, and grantees perform an important service by reporting what they reasonably believe to be evidence of wrongdoing, and they should never be subject to or threatened with reprisal for doing so.  Individuals or entities who make such reports are protected by Federal law from threatened or actual reprisal. FHFA-OIG has jurisdiction to investigate allegations of reprisal for whistleblowing by employees of FHFA contractors, subcontractors, and grantees.

For more information on whistleblower rights and protections, please see the pamphlet prepared by the U.S. Office of Special Counsel (OSC), Know Your Rights When Reporting Wrongs.

FHFA-OIG's Whistleblower Protection Program

Pursuant to Section 403 of the Inspector General Act, FHFA-OIG has a Whistleblower Protection Coordinator and Program. FHFA-OIG provides information and assistance to whistleblowers reporting fraud, waste and abuse through its Whistleblower Protection program.  This program carries out a number of key functions, including:

Ensuring that FHFA-OIG is promptly and thoroughly reviewing complaints of whistleblower retaliation that it receives, and that it is responding to whistleblowers in a timely fashion;

Educating FHFA-OIG employees and managers about prohibitions against retaliation for protected disclosures, and employees who have made or are contemplating making a protected disclosure about the rights and remedies against retaliation for protected disclosures;

Educating FHFA employees and managers about prohibitions against retaliation for protected disclosures, and employees who have made or are contemplating making a protected disclosure about the rights and remedies against retaliation for protected disclosures; and

Coordinating with OSC, other agencies, and non-governmental organizations on relevant matters as needed.

The Whistleblower Protection Coordinator for FHFA-OIG is available to discuss the protections against retaliation and how to make a protected disclosure, but cannot act as your legal representative or advocate.  You may contact the Coordinator at wpc@fhfaoig.gov.

How FHFA or FHFA-OIG Employees May File Whistleblower Reprisal Complaints

If you are a FHFA or FHFA-OIG employee and an adverse personnel action has been taken or threatened against you in reprisal for making a disclosure of wrongdoing within your component, to the OIG, or elsewhere, you may submit a complaint to the FHFA-OIG Hotline, or to OSC.  If you submit your complaint to FHFA-OIG, we will review it and let you know whether it is appropriate for us to investigate or whether it should be referred elsewhere.  Allegations of reprisal regarding EEO matters generally should be addressed through the EEO process.

In certain instances, an employee who has experienced retaliation because of a protected communication may file an appeal directly with the Merit Systems Protection Board (MSPB). Personnel actions that are directly appealable to the MSPB include adverse actions, retirement appeals, performance-based removals or reductions in grade, denials of within-grade salary increases, reduction-in-force actions, and denials of restoration or employment rights.

Important Notice: Whistleblower Protection Enhancement Act of 2012 Required Statement — Nondisclosure Policies, Forms and Agreements (NDAs)

Nothing may interfere with a current or former federal employee’s right to blow the whistle, not even an NDA signed by that employee.  By law, the following language applies to every Government NDA, no matter when it was signed or what it says in the document itself:

"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."

The following Executive orders and statutory provisions are controlling in the case of any conflict with an agency non-disclosure policy, form, or agreement:

  • 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 (51 US.C. § 3121-6) (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 Control Act of 1950 (50 U.S.C. § 783(a)).