Reportable Information by Whistleblower
USA Law
Lawful whistleblowing is getting the right information to the right people. When one has a reasonable belief that wrongdoing is occurring, the person has to report it.
When an individual provides the right information to the right people, the individual has made a Protected Disclosure and is a Whistleblower. Once a Protected Disclosure is made, the Whistleblower is afforded protections established by various whistleblower protection laws and policies. The actual process through which a Protected Disclosure is made will vary based on the information conveyed and to whom that information is provided.
The following are examples of wrongdoing and the right information that needs to be reported.
Violations of Law, Rule, or Regulation
Examples include:
Allegations of criminal activity
Serious misconduct involving IC programs or activities
Contract or procurement fraud
Computer crimes
Bribery, kickbacks, or gratuities
False statements or false claims
Conflicts of interest or ethics violations
Travel fraud
Theft or abuse of government property
Whistleblower reprisal
Abuse of Authority, Gross Mismanagement, and Gross Waste of Funds
Violations, not disputes over policy, management, or direction.
Substantial and Specific Danger to Public Health or Safety
Clear risks or dangers.
Urgent Concerns
The Intelligence Community Whistleblower Protection Act (ICWPA) of 1998 provides a secure means for employees to report to Congress allegations regarding classified information. The ICWPA is a statute that provides a process by which employees, or contractor employees, of IC elements, can report matters of “urgent concern” to theย intelligence committees of Congress.
An “urgent concern” is defined as:
- A serious or flagrant problem, abuse, violation of law or executive order, or deficiency relating to the funding, administration, or operation of an intelligence activity within the responsibility and authority of the Director of National Intelligence involving classified information, but does not include differences of opinion concerning public policy matters.
- A false statement to Congress, or a willful withholding from Congress, on an issue of material fact relating to the funding, administration, or operation of an intelligence activity.
- An action constituting reprisal or threat of reprisal in response to an employee reporting an urgent concern.
If you have information which meets any of the above three criteria,ย contact the IC IG or DoD IGย regarding how to file an ICWPA disclosure.
Procedure
Prepare a summary of the facts describing what you witnessed, leaving opinions and speculation out. Consider the following to help guide you in clearly and succinctly articulating your disclosure:
- Whatย are the facts?
- Whoย is involved?
- Whenย did it occur?
- Whereย did it happen?
- What, based on the above, is the violation of law, rule, or regulation; gross mismanagement; a gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety?
- Whatย is the classification level of the information involved?
Read More
- The Whistle Blowers Protection Act 2014 (Indian)
- Public Interest Disclosure: Whistleblower Law
- West Bengal State Vigilance Commission
