State/OIG Substantiates Allegation of Whistleblower Retaliation, @StateDept Says Nah, WhatYaTalkingAbout?

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Via State/OIG Semi-Annual Report to Congress: October 1, 2018 – March 31, 2019:

The whistleblower protection coordinator, OIG’s Assistant Inspector General for Evaluations and Special Projects, educates Department and USAGM employees, as well as contractor and grantee employees, on the rights and protections available to whistleblowers. As required by the National Defense Authorization Act for Fiscal Year 2013 (41 U.S.C. § 4712), the coordinator oversees investigations of allegations of retaliation filed by employees of contractors, subcontractors, grantees, and subgrantees, as well as personal services contractors.
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[T]he coordinator investigates complaints under Presidential Policy Directive 19, which prohibits whistleblower retaliation in the form of actions that affect an employee’s eligibility for access to classified information. During this reporting period, OIG’s whistleblower protection coordinator completed one report under 41 U.S.C. § 4712, which substantiated allegations of whistleblower retaliation.

Department of State:

“OIG substantiated one allegation of whistleblower retaliation related to a Department personal services contractor. This case was referred to the Department, which is responsible for making a determination as to whether to grant or deny relief to the whistleblower. On March 25, 2019, the Department denied relief to the whistleblower because it believed that there was a lack of direct evidence of retaliation.”

 

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State/OIG Finds @StateDept Revoked Security Clearance in Retaliation For Whistleblowing

 

Via State/OIG

OIG did not substantiate any allegations of whistleblower retaliation related to Department contractors or grantees. However, OIG did substantiate an allegation of a security clearance revocation in retaliation for whistleblowing activity under PPD-19. As required by the Foreign Affairs Manual, OIG reported its findings to the Under Secretary for Management. The report recommended that the whistleblower’s security clearance be reinstated.

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Presidential Policy Directive-19 (PPD-19) PDF

The brief note from State/OIG’s semi-annual report includes little details about a security clearance revocation, not suspension. According to 12 FAM 233.4, suspension is an independent administrative procedure that does not represent a final determination and does not trigger the procedures outlined in 12 FAM 234, which includes revocation.  With revocation, the Department may determine that immediate suspension without pay from employment under 5 U.S.C. 7532 is deemed advisable.

After State/OIG’s referral to “M”, the Under Secretary for Management will reportedly transmit the IG materials to the Security Appeals Panel, “if one is convened in the matter, and to other Department officials as appropriate” according to the Foreign Affairs Manual.

Note that the State Department does not have a Senate-confirmed “M” as of this writing. We want to know if the security clearance is not reinstated per OIG recommendation.

State/OIG’s semi-annual report also does not include information on consequences for the individual/individuals who perpetrated the revocation of this whistleblower’s security clearance in retaliation for whistleblowing activity.

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