FAQ for Whistleblowers
Is it illegal?
Those contemplating blowing the whistle on alleged wrongdoing within the Defense Department are best advised to understand the context of their actions and the legal protections available, before they blow the whistle. Some actions, for instance, are not protected because they are illegal. See Congressional Research Service, Criminal Prohibitions on the Publication of Classified Defense Information (Dec. 6, 2010).
How may I transmit classified information to the Congress?
Only those individuals with appropriate courier cards, courier documentation and properly prepared packages are permitted to lawfully courier classified information. The couriering of all Top Secret and SCI/SAP information must be coordinated with your Office of Security/SSO. Receipt on the Congressional end must be through an approved Senate or House office.
What can be reviewed in terms of security clearance due process?
The Merit Systems Protection Board is currently reviewing the administrative precedent regarding security clearance due process review. The U.S. Office of Special Counsel filed an amicus in the proceeding, which has a summary of the issues.
What whistleblower protections are available for Department of Defense employees working in the Intelligence and Counterintelligence fields?
Though not under the title 5 jurisdiction of the U.S. Office of Special Counsel, DoD intelligence and counterintelligence employees have protection through directives and instructions in each agency. The Inspector General Act of 1978 allows the DoD OIG to investigate reprisal against these employees.