Report: A lack of confidence can increase the chances of wrongdoing going unreported or of classified information being compromised. Image: Lightspring/Shutterstock.com
By: FEDweek StaffLongstanding questions regarding whistleblower protections continue since only limited steps have been taken in recent years to address issues specific to them because of their involvement with classified information, says a report for Congress.
Since the first law specific to them was enacted in 1998, “IC whistleblower protections have evolved in response to perceptions of gaps that some observers argued left these whistleblowers vulnerable to reprisal,” said the Congressional Research Service. Most notably, it said, a 2012 White House directive for the first time spelled out protections against reprisal actions; a law a year later codified them; and some protections later were extended to contractors and military personnel.
However, it noted criticisms that “IC’s internal processes are not as clear as they could be and lack the transparency necessary to provide prospective whistleblowers confidence that they would be protected against reprisal.”
It said continuing issues include (in its words):
* “Should whistleblowers have a right to remain anonymous? If so, what, if any, recourse do they have in the event their identity is disclosed against their will? How would a whistleblower’s anonymity affect the rights and response of the accused?
* “Are the procedures for making disclosures, including disclosures to Congress, clear, and do they provide for the protection of classified information?
* “If Congress were to consider legislation requiring IC elements to institute training on appropriate responses to allegations of sexual harassment and related misconduct, should the legislation include support for victim’s reporting allegations?”
Said the report: “Effective whistleblowing protections are intended to instill confidence in the integrity and comprehensiveness of the process for submitting a complaint as much as for the process itself. By extension, when IC employees have confidence that they can make protected disclosures anonymously and without fear of retribution, they arguably are more likely to adhere to a process that is also intended to protect classified information,” it said.
“Conversely, this line of reasoning also suggests that a lack of confidence can increase the chances of wrongdoing going unreported or of classified information being compromised through an employee making a complaint outside of proper channels,” it said.
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