Whistleblowing - Disclosures

The Office of Special Council (OSC)’s 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.

DU evaluates disclosures, which are separate and distinct from complaints of reprisal or retaliation for whistleblowing activities. A reprisal or retaliation claim is reviewed by OSC’s Complaints Examining Unit as a prohibited personnel practice. 5 U.S.C. § 2302(8)(b).  

• OSC-11 form: prohibited personnel practice complaint form or whistleblower retaliation complaint form.
• OSC-12: whistleblower disclosure form.

➤ More on How to Blow Whistle and What To Do When Retaliated (my LinkedIn article)

OSC does not have authority to investigate the disclosures that it receives. The law provides that OSC will (a) refer protected disclosures that establish a substantial likelihood of wrong doing to the appropriate agency head, and (b) require the agency head to conduct an investigation,and submit a written report on the findings of the investigation to the Special Counsel.

If OSC finds no substantial likelihood that the information discloses one or more of the categories of wrongdoing, the Special Counsel must: (a) inform the whistleblower of the reasons why the disclosure may not be acted on further; and (b) direct the whistleblower to other offices available for receiving disclosures.

➤ 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.

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.

OSC will generally not consider anonymous disclosures. If a disclosure is filed by an anonymous source, the disclosure will be referred to the Office of Inspector General in the appropriate agency. OSC will take no further action on the disclosure.

OSC does not have authority to investigate the disclosures that it receives. In order to make a "substantial likelihood" finding, OSC considers a number of factors including whether the disclosure includes reliable,first-hand information. In general, OSC does not request an agency head to conduct an investigation based on the whistleblower’s second-hand knowledge of agency wrongdoing. Individuals with first-hand knowledge of the allegations are encouraged to file disclosures in writing directly with OSC.

➤ 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 requires agency heads to complete the investigation and report back to OSC on their findings within 60 days. 5 U.S.C. § 1213(c)(1). If an agency needs additional time to complete the investigation and report, an extension of time may be requested. Extension requests must be submitted in writing and must state specifically the reasons the additional time is needed. Extensions will only be granted upon a showing of good cause.

Upon receipt, the agency’s report is reviewed to determine whether it contains the information required by the statute and whether or not the report’s findings appear to be reasonable. 5 U.S.C. § 1213(e)(2). In addition, the whistleblower is afforded an opportunity to review and comment on the agency 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 whistleblower’s comments are also sent to the President and congressional oversight committees.

➤ If the report reveals evidence of a criminal violation it will not be sent to the whistleblower, nor does it become part of the public file. Instead, the agency is required to forward the information directly to the Attorney General and to notify the Office of Personnel Management and the Office of Management and Budget of the referral.5 U.S.C. § 1213(f).

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.

(from http://osc.gov/wbdisc.htm)

Disclaimer: All statements contained in this page are subject to change and update.  EEO 21 does not take responsibility for any errors or misrepresentation contained therein.