Congressional Whistleblower Protection Act of 2025
The Congressional Whistleblower Protection Act of 2025 would extend protections for people who work for, used to work for, or apply to work for federal agencies, including those employed by or working for contractors, grantees, subgrantees, or personal services contractors. It focuses on safeguarding their right to petition or furnish information to Congress from retaliation or interference. The bill creates a dual path for relief: (1) administrative remedies modeled on existing federal civil service procedures for most covered individuals, and (2) a private right of action in federal court if agencies fail to issue relief within 180 days or deny relief, with broad potential remedies (back pay with enhanced pay, reinstatement, attorneys’ fees, damages, and injunctive relief). It also provides tailored remedy pathways for FBI employees and intelligence community employees. The definitions are broad, explicitly including contractors and related personnel, to ensure a wide group can seek protection.
Key Points
- 1Broad protection scope: The act defines “covered individual” to include employees, former employees, or applicants for employment with a federal agency or with the agency’s contractors, subcontractors, grantees, subgrantees, or personal services contractors.
- 2Right to petition to Congress protected: The bill safeguards the right to petition or furnish information to Congress from interference or denial.
- 3Administrative remedies for most covered individuals: For non-FBI and non-intelligence agency personnel, relief can be sought through existing procedures under sections 1214 and 1221, treated like relief from prohibited personnel practices.
- 4Special administrative tracks for FBI and intelligence community: FBI employees may use remedies under section 2303; intelligence community employees may use remedies under the National Security Act framework (or related sections) tailored to their security context.
- 5Private right of action if government delay or denial occurs: If no final decision within 180 days, or if relief is denied, a covered individual may sue in federal district court for de novo review and broad relief, including back pay (200% of lost wages) with interest, lost benefits (100%), reinstatement, costs and attorney fees, compensatory damages, and equitable or injunctive relief.
- 6Jury trial option: Individuals may choose a jury trial for actions brought under the private right of action.
- 7Burden of proof alignment: The burdens of proof used in 5 U.S.C. 1221(e) apply to alleged violations under this act.
- 8Federal agency definition: The term “Federal agency” covers entities in the executive, legislative, or judicial branches, including offices and establishments, ensuring wide coverage.