Posted on 12/30/2005 2:59:49 PM PST by Pukin Dog
Whistleblower Disclosures
Overview OSCs Disclosure Unit (DU) serves as a safe conduit for the receipt and evaluation of whistleblower disclosures from federal employees, former employees and applicants for federal employment. 5 U.S.C. § 1213. In this capacity, DU receives and evaluates whistleblowing disclosureswhich are separate and distinct from complaints of reprisal or retaliation for whistleblowing which are reviewed by OSCs Complaints Examining Unit as a prohibited personnel practice. DU attorneys review five types of disclosures specified in the statute: violations of law, rule or regulation; gross mismanagement; gross waste of funds; abuse of authority; and substantial and specific danger to public health and safety. 5 U.S.C. § 1213(b). The disclosures are evaluated to determine whether or not there is sufficient information to conclude with a substantial likelihood that one of these conditions has been disclosed. Jurisdictional Requirements The Disclosure Unit has jurisdiction over federal employees, former federal employees, and applicants for federal employment. It is important to note that a disclosure must be related to an event that occurred in connection with the performance of an employee's duties and responsibilities. The Disclosure Unit does not have jurisdiction over disclosures filed by:
Filing a Disclosure Whistleblowers must make their disclosures to OSC in writing. To facilitate this process, OSC has developed a form which may be used to file a disclosure. OSC Form No. 12, Disclosure of Information. Use of OSC Form No. 12 is not mandatory. However, if you do not use the form, it is important to include your name, address and telephone numbers. For assistance with filing a disclosure, or any other inquiries, please contact the DU Hotline at (800) 572-2249 or (202) 254-3640.
Evaluating Disclosures DU attorneys evaluate the disclosures to determine whether or not there is a substantial likelihood that one of the following conditions has been disclosed: a violation of law, rule or regulation, gross mismanagement, gross waste of funds, an abuse of authority, and a substantial and specific danger to public health and safety. Disclosures are reviewed in the order they are received with disclosures of dangers to public health and safety receiving high priority.
The Referral Process under 5 U.S.C. § 1213(c) Should OSC find that there is a substantial likelihood that one of the statutory conditions exists, the Special Counsel will refer the disclosure to the appropriate agency head. 5 U.S.C. § 1213(c). The head of the agency is then required to conduct an investigation and submit a written report on the findings of the investigation to the Special Counsel. The statute sets forth specific information that must be included in the agencys report. 5 U.S.C. § 1213(e)(1). If the report meets the statutory requirements, the Special Counsel then transmits the report with comments and recommendations to the President and the congressional committees with oversight responsibility for the agency involved. 5 U.S.C. § 1213(e)(3). OSC is also required to place the report in a public file. 5 U.S.C. § 1219. The whistleblowers comments are also sent to the President and congressional oversight committees.
The Referral Process under 5 U.S.C. § 1213(g) The Special Counsel may also refer cases to the head of an agency where no substantial likelihood determination has been made. 5 U.S.C. § 1213(g)(2). In these cases, the Special Counsel has the discretion to transmit the information provided by the whistleblower to the head of the agency identified in the disclosure. The agency head is then required to inform OSC in writing, within a reasonable time, what action has been or will be taken, and when such action will be completed. The whistleblower is also informed of the referral to the agency head.
The Referral Process under 5 U.S.C. § 1213(j) For disclosures of information involving counterintelligence and foreign intelligence information the statute sets forth a different procedure under 5 U.S.C. § 1213(j). If the Special Counsel determines that a disclosure involves counterintelligence or foreign intelligence information, which is prohibited from disclosure by law or Executive order, the disclosure will be transmitted to the National Security Advisor, the Permanent Select Committee on Intelligence in the House and Select Committee on Intelligence in the Senate. 5 U.S.C. § 1213(j). The referral ends the Special Counsels involvement with the disclosure and the National Security Advisor and the Congressional intelligence committees decide how to proceed with the information. The disclosure will not be referred to the head of the agency involved for an investigation.
Last Updated: 5/4/05 |
Anyone who wants a good laugh, should check out the panic going on at Kos, DU and the NY Times today.
DU - what an unfortunate acronym.
I'll bet the DUmp/antfarm is in a tizzy over all this stuff, I'll have to check it out this weekend.
Daily Kos is melting down over this...
Is this post in reference to the leaks being investigated by the justice department?
Yes..what was your first clue?
Great job. I guess the ACLU lawyers didn't do their research before taking out their big ad in the NY Slimes. W and the DOJ have them boxed in on this one...
You dog's sure have strong stomachs. ;o)
A whistleblower must also limit the disclosure to a member of Congress or staff of the executive or legislative branch holding the appropriate security clearance and authorized to receive the information disclosed. Federal agencies covered by the WPA would be required to establish a process to provide confidential advice to employees on how to lawfully make a protected disclosure of classified information to Congress.
It just gets better and better.......
To be protected as a whistleblower, you must report a crime. Trust me, I know this. There is no crime in monitoring enemy communications during wartime.
My, my, Dog. Did you take a cranky pill this morning? Not everyone here has followed this like some of us to instantly link "whistleblower" with the MSM's attack on the investigation...
Did I ask for a smart assed answer? I asked a civil question, I have been off the net and not close to any news source all day and I was wondering what was going on. However if it is too much of an effort for you to answer like a gentleman then I say to you: F**K OFF.
OK PD...is the NSA one of those Federal agencies ?
This is based on the assumption that the sources will NOT release the reporters to testify, which will force them to pull a Judith Miller.
This means either the leaker goes, or the Journalists go.
Pukin is gonna get his frog-march, one way or another!
But I thought that holding any government office became a person's personal toy box and whatever measures they take to help the Democrats is OK. /sarcasm
Well, that's sure gonna get their panties in a twist.
See post 14..
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