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The Law of 
Whistleblowing 
Washington University – Fall 2014 
class # 19
WPA – 5 USC § 2302(b)(8)(A) 
protects: 
any disclosure of information . . . which 
the employee . . .reasonably believes evidences 
(i) any 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, . . .
WPA – 5 USC § 2302(b)(8)(A) (cont’d) 
. . . unless 
– disclosure is specifically prohibited by law or 
– the information is classified
WPA – 5 USC § 2302(a)(2)(C)(ii) 
Excludes from coverage: 
– FBI 
– CIA 
– DIA 
– NSA 
– ODNI 
–NRO 
–NGIA
Charged with 
UCMJ Art. 133 - conduct unbecoming 
18 USC § 793(e) 
18 USC § 793(b)
Convicted of 
UCMJ Art. 133 - conduct unbecoming 
18 USC § 793(e) 
18 USC § 793(b)
18 USC 793(b) 
with intent or 
reason to believe that 
the information 
is to 
be used 
to the injury of the United States, 
or 
to the advantage of any foreign nation
18 USC 793(e) 
has 
reason to believe that 
the information 
could 
be used 
to the injury of the United States, 
or 
to the advantage of any foreign nation

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Whistleblowing Law Protections and Exceptions

  • 1. The Law of Whistleblowing Washington University – Fall 2014 class # 19
  • 2. WPA – 5 USC § 2302(b)(8)(A) protects: any disclosure of information . . . which the employee . . .reasonably believes evidences (i) any 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, . . .
  • 3. WPA – 5 USC § 2302(b)(8)(A) (cont’d) . . . unless – disclosure is specifically prohibited by law or – the information is classified
  • 4. WPA – 5 USC § 2302(a)(2)(C)(ii) Excludes from coverage: – FBI – CIA – DIA – NSA – ODNI –NRO –NGIA
  • 5. Charged with UCMJ Art. 133 - conduct unbecoming 18 USC § 793(e) 18 USC § 793(b)
  • 6. Convicted of UCMJ Art. 133 - conduct unbecoming 18 USC § 793(e) 18 USC § 793(b)
  • 7. 18 USC 793(b) with intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation
  • 8. 18 USC 793(e) has reason to believe that the information could be used to the injury of the United States, or to the advantage of any foreign nation