Update: apparently this directive doesn’t “grant” protections so much as promises them, or something. See the comments below.
Here is a copy of the directive [PDF], obtained from federalnewsradio.com. Here is some background about what it entails:
- GAP Praises President’s Action to Protect National Security Whistleblowers (Government Accountability Project)
- Intelligence community employees to gain whistleblower protections (FederalNewsRadio.com)
- President Obama Issues Landmark Directive for National Security and Intelligence Community Whistleblowers (Project On Government Oversight)
“Protected disclosure” is defined in this document as follows (emphasis added):
(5) The term “Protected Disclosure” means:
(a) a disclosure of information by the employee to a supervisor in the employee’s direct chain of command up to and including the head of the employing agency, to the Inspector General of the employing agency or Intelligence Community Element, to the Director of National Intelligence, to the Inspector General of the Intelligence Community, or to an employee designated by any of the above officials for the purpose of receiving such disclosures, that the employee reasonably believes evidences (i) a violation of any law, rule, or regulation; or (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;
(b) any communication described by and that complies with subsection (a)(1), (d), or (h) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.); subsection (d)(5)(A) of section 17 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q); or subsection (k)(5)(A), (D), or (G), of section l03H of the National Security Act of 1947 (50 U.S.C. 403-3h);
(c) the exercise of any appeal, complaint, or grievance with regard to the violation of Section A or B of this directive;
(d) lawfully participating in an investigation or proceeding regarding a violation of Section A or B of this directive; or
(e) cooperating with or disclosing information to an Inspector General, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General,
if the actions described under subparagraphs (c) through (e) do not result in the employee disclosing classified information or other information contrary to law.
This raises an interesting question: why doesn’t this definition include the Office of Special Counsel as an authorized recipient of (presumably classified) information?
After all, OSC is authorized by law to receive classified disclosures. So where does it fit in with this new scheme? In fact, OSC appears only once, in a discussion regarding assessing the efficacy of provisions deterring retaliation, on page 5. Why not educate employees about the OSC option? The document calls on national security officials to provide guidance for individual officers or employees regarding what disclosures are protected (also on page 5).
For more on this issue, see the following: