• Frequently Asked Questions

  FAQ on CCD 121.06, “Protected Communications”

  Previous Version	New Version
  Reflected the pertinent laws as of 2017	Reflects recent changes to 10 U.S.C. § 1034
  Had the Deputy Secretary determine if an officer’s allegations are substantiated	Specifies that the Inspector General (IG) makes the determination that an officer’s allegations are substantiated or unsubstantiated
  Had the Principal Deputy Assistant Secretary for Health serve as the First Level Reviewing official	Designates the Surgeon General (SG) as the First Level Reviewing official
  Had the Deputy Secretary make the Department’s final decision in the administrative processing of the complaint	Designates the Assistant Secretary for Health (ASH) as the official who makes the Department’s final decision in the administrative processing of the complaint
  Had responsibilities in four-page appendix	Incorporates this content into text of policy in Section 7. “Responsibilities” and Section 8. “Procedures”
  Upon receipt of the investigative report the P-DASH or designee has 14 days to determine if it has sufficient information and then 30 additional days to make a recommendation on the complaint.	Upon receipt of the report, the SG or designee, will review the ROI within ten (10) days of receipt to determine if additional information is needed and then 10 more days to determine whether corrective or disciplinary action should be taken and to submit a recommendation to the ASH.

  Who investigates whistleblower complaints?

  The Inspector General (IG) investigate whistleblower complaints and determines if an officer’s allegations are substantiated or unsubstantiated. The IG will issue a Report of Investigation (ROI).

  What happens if the IG makes a preliminary determination that a more likely than not, that a prohibited personnel action has occurred, and the personnel action will result in an immediate hardship to the PHS office?

  The IG will promptly notify the ASH of the hardship, and the ASH wills then take appropriate action. However, if the complaint name the ASH as the Responsible Management Official (RMO), then the IG will notify the Secretary or designee, who will then take appropriate action.

  Who acts on the IG’s report?

  The SG, or his/her designee, is the first-level reviewer of the ROI, and recommends to the ASH on whether corrective or disciplinary action is needed and, if so, the specific appropriate corrective or disciplinary action that should be taken.

  What if the SG is named in the complaint?

  In the event the SG is the RMO named in the whistleblower complaint and the complaint is substantiated as to the SG’s conduct, then the IG will submit the ROI to the ASH instead. In the event the ASH is the RMO named in the whistleblower complaint and the complaint is substantiated as to the ASH’s conduct, then the IG will submit the ROI to the Secretary, or his/her designee, instead.

  How much time does the SG have to analyze the report before taking action?

  Upon receipt of the ROI, the SG or designee, as the first-level reviewer, will review the ROI within ten (10) days of receipt from the IG to determine if additional information is needed in order to decide on corrective or disciplinary action. If extenuating circumstances exist and the 10-day timeframe cannot be met, the SG or designee will annotate the reasons for the delay on the official file.

  If within the 10-day period the SG determines that the ROI does not contain sufficient information, the SG will specify the reasons that additional information is needed and submit a written request to the IG for the additional information. Once the IG receives the request for additional information, the IG will determine whether to supplement the ROI with the information requested.  The IG will provide a response to the SG on its decision to supplement as soon as practicable.

  From the date the SG receives the IG’s ROI, or the supplemental ROI, whichever is later, the SG or designee will have 10 days to determine whether corrective or disciplinary action should be taken and to submit a recommendation to the ASH.

  Who make the final decision and in what timeframe?

  The ASH will receive the ROI from the SG. However, if the ASH is the RMO in the whistleblower complaint and the complaint is substantiated as to the ASH’s conduct, then the Secretary, or his/her designee, will receive the ROI from the SG and will exercise the responsibilities of the ASH outlined in this Section.

  Within 30 days of receipt of the ROI, or supplemental ROI, whichever is later, from the IG, the ASH or ASH’s designee will make a final determination as to whether to order corrective or disciplinary action. The ASH’s or ASH’s designee’s determination is the Department’s final decision in the administrative processing of the whistleblower complaint.

  Last Updated: 2/25/22
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