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Under the existing laws, each agency retains the right, where appropriate, to discipline a Federal employee for conduct that is inconsistent with Federal Antidiscrimination and Whistleblower Protection Laws up to and including removal. According to the statute, if OSC has initiated an investigation under 5 USC 1214, however, according to 5 USC 1214(f), agencies must seek approval from the Special Counsel to discipline employees for, among other activities, engaging in prohibited retaliation. Nothing in the No FEAR Act alters existing laws or permits an agency to take unfounded disciplinary action against a Federal employee or to violate the procedural rights of a Federal employee who has been accused of discrimination.

For further information regarding the No FEAR Act regulations, refer to 5 USC Part 724, as well as the appropriate offices within your agency (e.g., EEO/civil rights office, human resources office or legal office). Additional information regarding Federal antidiscrimination and whistleblower protection and retaliation laws can be found at the EEOC website and the OSC website.

Summary of Procedures for Reporting Urgent Concerns Pursuant to the ICWPA

A.    An IC employee, assignee, detailee, or contractor, who intends to report to Congress a complaint or information with respect to an urgent
       concern, may report such complaint or information to the Intelligence Community Inspector General by calling 1-855-731-3260.

B.    Not later than the end of the 14-calendar day period beginning on the date of receipt from an employee of a complaint or information under
       subparagraph (A), the IC IG shall determine whether the complaint or information appears credible. If the IC IG determines that the complaint or
       information appears credible, then the IC IG shall, before the end of such period, transmit the complaint or information to the Director of
       National Intelligence. The IC IG may also forward comments on the complaint or information to the DNI.

C.    Upon receipt of a transmittal from the IC IG under subparagraph (B), the DNI shall, within 7 calendar days of such receipt, forward such
        transmittal to the congressional intelligence committees, together with any comments the DNI considers appropriate.

i. If the IC IG does not transmit, or does not transmit in accurate form, the complaint or information described in subparagraph (B), the
  employee may submit, in accordance with subparagraph (ii), the complaint or information to Congress by contacting either or both of the   
  congressional intelligence committees directly.

ii. The employee may contact the congressional intelligence committees directly as described in clause (i) only if the employee –

 a. before making such a contact, furnishes to the DNI, through the IC IG, a statement of the employee's complaint or information and
     notice of the employee's intent to  contact the congressional intelligence committees directly; and

b. obtains and follows from the DNI, through the IC IG, direction on how to contact the congressional intelligence committees in
    accordance with necessary and appropriate security procedures.

iii. The ICWPA provides that a member or employee of one of the congressional intelligence committees who receives a complaint or
     information under clause (i) does so in that member's or employee's official capacity as a member or employee of that committee.

D.    The IC IG shall notify an employee who reports a complaint or information to the IC IG under these procedures of each action taken under
       these procedures with respect to the complaint or information. Such notice shall be provided not later than 3 days after any such action is
       taken.

E.    An action taken by the DNI or the IC IG under this paragraph shall not be subject to judicial review.

F.    In this summary:

i. The term "urgent concern" means any of the following:

a. A serious or flagrant problem, abuse, violation of law or Executive Order, or deficiency relating to the funding, administration, or
   operations of an intelligence activity involving classified information, but does not include differences of opinions concerning public
   policy matters.

b. A false statement to Congress, or a willful withholding from Congress, on an issue of material fact relating to the funding,
    administration, or operation of an intelligence activity.

c. An action, including a personnel action described in section 2302(a)(2)(A) of title 5, United States Code, constituting reprisal or threat
    of reprisal prohibited under subsection (e)(3)(B) in response to an employee's reporting an urgent concern in accordance with this
    paragraph.

ii. The term 'congressional intelligence committees' means the Permanent Select Committee on Intelligence of the United States House of
    Representatives and the Select Committee on Intelligence of the United States Senate.

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Retaliation for Engaging in Protected Activity

A Federal agency cannot retaliate against an employee or applicant because that individual exercises his or her rights under any of the Federal antidiscrimination or whistleblower protection laws listed above. If you believe that you are the victim of retaliation for engaging in protected activity, you must follow, as appropriate, the procedures described in the Antidiscrimination Laws and Whistleblower Protection Laws sections or, if applicable, the administrative or negotiated grievance procedures in order to pursue any legal remedy.

Intelligence Community Whistleblower Protections


WhistleblowingStatutesTimeline.fw

General Protections

The Intelligence Authorization Act for Fiscal Year 2014 amends the National Security Act of 1947 to provide statutory protections for Intelligence Community employees who make lawful disclosures of fraud, waste, or abuse in IC programs and activities. These statutory provisions prohibit an employee from taking a personnel action in reprisal or making security clearance access determinations in reprisal against an employee who made a lawful disclosure. Further, these provision require an inspector general to conduct fact-finding in reviewing allegations of security clearance reprisal.  

Presidential Policy Directive – 19 (PPD-19), Protecting Whistleblowers with Access to Classified Information, also provides protections for IC employees against personnel actions taken in reprisal for lawfully participating in the whistleblowing process.  In addition, employees and contractors are protected from reprisals in the security clearance adjudication process. PPD-19 requires that the agency inspector general review whistleblower reprisal allegations in violation of PPD-19.  Further, PPD-19 allows employees and contractors to seek an external review from the ICIG of their reprisal allegations once they have exhausted their own agency’s review process. 


Protections for Reporting to the Inspector General of the Intelligence Community  

The ICIG statutory authorities also provide whistleblower protections for IC employees and contractors who report fraud, waste, or abuse to the ICIG.  The ICIG may receive and investigate whistleblower reprisal complaints from any IC employee or contractor. 


Protections for Reporting to Congress

The Intelligence Community Whistleblower Protection Act provides IC employees the means to report to Congress complaints or information pertaining to "urgent concerns" (see below) without suffering reprisal.

In general, the ICWPA defines an "urgent concern" as:

  • A serious or flagrant problem, abuse, violation of law or Executive Order, or deficiency relating to the funding, administration, or operation of an intelligence activity involving classified information, but does not include differences of opinion concerning public policy matters.
  • A false statement to Congress, or a willful withholding from Congress, on an issue of material fact relating to the funding, administration, or operation of an intelligence activity.
  • An action constituting reprisal or threat of reprisal in response to an employee reporting an urgent concern.


As outlined in the link below, the ICIG must adhere to strict statutory timeframes in order to process whistleblower complaints of “urgent concern.” 

Summary of Procedures for Reporting Urgent Concerns

 

ODNI FOIA PORTAL

 

Requests for information under the FOIA or PA

The Office of the Director of National Intelligence accepts Freedom of Information or Privacy Act requests via electronic or hard copy submission.

Hard Copy Requests

To obtain records from the ODNI, a FOIA or PA request may be submitted in writing to:

Louis DiNatale
Chief, Information Management Office
ATTN: FOIA/PA
Office of the Director of National Intelligence
Washington, D.C. 20511

Electronic Requests

A request may also be submitted via e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it.

FOIA Annual Reports

 

Publicly Released Records

 

ODNI FOIA Logs

  1. Privacy Policy
  2. System of Record Notices
  3. No FEAR Act (as amended)

Related Links

NCSC Awareness Materials

Your Personal Information: Protecting it from Exploitation

Related Content

The National Counterintelligence Strategy

National Insider Threat Task Force Fact Sheet

NCSC Strategic Plan

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