Washington, D.C. 20530

July 8, 2003

MEMORANDUM FOR BUREAU PERSONNEL OFFICERS AND TRAINING OFFICERS

During 2002, the U.S. Office of Special Counsel (OSC) created the 2302© Certification Program to assist federal agencies in meeting their statutory obligations under the Whistleblower Protection Act (WPA) of 1994. Additionally, the Office of Personnel Management announced that 2302© certification is a "suggested performance indicator" for "getting to green" in accordance with the Strategic Human Capital Management framework.

Under OSC’s 2302© Certification Program, federal agencies need to meet five requirements in order to comply with the WPA. These requirements are:

1. Postings:  Agencies should post the laws regarding prohibited personnel practices (PPP’s) and information regarding the process for making confidential disclosures to OSC. Posters containing this information, available through the Government Printing Office (GPO), should be displayed in all personnel and EEO offices and in other prominent places throughout the agency. Note: GPO currently has a rider open through July 15, 2003. To order, click on the GPO link provided on the OSC web site (www.osc.gov) Publications/posters available through the current rider are: (1) The Role of the Office of Special Counsel; (2) Political Activity and the Federal Employee; (3) Prohibited Personnel Practices; (4) Whistleblower Retaliation; and (5) Whistleblowing.



2. New Employees:  Written materials on PPP’s, WPA, and OSC’s role in enforcing these laws should be provided in new employee orientation packets. OSC has created informational materials including an outline of PPP rights and remedies (Your Rights as a Federal Employee) that can either be printed or sent via e-mail. OSC brochures are available through GPO. In addition, examples of letters sent to agency employees agency heads, outlining rights and remedies under the WPA, are also available under the employee notification requirement below.



3. Employee Notification:  Written materials on PPP’s, the WPA, and OSC’s role in enforcing these laws, should be provided to all employees on an annual basis. Agencies should also include this information on their web sites. As noted above, OSC has developed materials, which can be e-mailed, to help agencies fulfill this requirement (Your Rights as a Federal Employee). Examples of letters sent to agency employees by agency heads, outlining rights and remedies under the WPA, are available through the OSC web site.



4. Supervisory Training:  Each agency, in consultation with OSC, should provide training to managers and supervisors to ensure their understanding of their responsibilities under the PPP and WPA of Title 5. OSC has developed several options to aid agencies in fulfilling this requirement of the program including providing speakers for satellite training or classroom training; a slide presentation; and a 1-hour training session via videotape or CD.



5. Computer Link:  Each agency should provide a link from its own web site or intra-net site to the OSC web site (www.osc.gov). Note: The Justice Management Division has developed a link that covers all Department of Justice components. The link is posted in the Training Opportunities portion of the Personnel Staff website and three locations in the Research Index: OSC; WPA; and Training, Providing Information on PPP and Whistleblower Protections.

As a result of these requirements, each Bureau Personnel Officer is responsible for fulfilling the five above requirements for 2302© certification. To assist you in achieving "green," we are attaching OSC information regarding the certification process and a chart to report your progress. In order for my office to report on the Department’s progress to OSC, I am asking that each of you complete the chart and e-mail your responses to Sandra Shoun, of my staff’s Workforce Development Group, at Sandra.Shoun@usdoj.gov or via fax at (202) 514-6827 by July 16, 2003. Please share this information with your training officers.

If you need more information, please contact Dr. Shoun on (202) 616-3706 or at the e-mail address listed above. Your participation in this important certification effort is appreciated.