Intelligence Community Whistleblower Protection Act
Encyclopedia
The Intelligence Community Whistleblower Protection Act of 1998, amending the Central Intelligence Agency Act
of 1949 and the Inspector General Act of 1978, sets forth a procedure for employees and contractors of specified federal intelligence agencies to report complaints or information to Congress about serious problems involving intelligence activities.
Under the provisions of section 8H applicable to the FBI, an FBI employee or contractor who intends to report to Congress a complaint or information of “urgent concern” involving an intelligence activity may report the complaint or information to the DOJ Office of the Inspector General
. Within a 14-day period, the OIG must determine “whether the complaint or information appears credible,” and upon finding the information to be credible, thereafter transfer the information to the Attorney General who then submits the information to the House and Senate Intelligence Committees. If the OIG does not deem the complaint or information to be credible or does not transmit the information to the Attorney General, the employee may provide the information directly to the House and Senate Intelligence Committees. However, the employee must first inform the OIG of his or her intention to contact the intelligence committees directly and must follow the procedures specified in the Act.
The Act defines "urgent concern" as 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"; a false statement to Congress; and taking or threatening to take certain personnel actions in retaliation for making the report to Congress.
In 2006 Thomas Gimble, Acting Inspector General, Department of Defense
, stated before the House Committee on Government Reform that the ICWPA is a 'misnomer
' and that more properly the Act protects the communication of classified information to Congress
.
As of February 14, 2006 -- the eighth year of the statute's enactment -- the DOJ OIG had not received any complaints under this statute.
Central Intelligence Agency Act
The Central Intelligence Agency Act, , is a United States federal law enacted in 1949.The Act, also called the "CIA Act of 1949" or "Public Law 110" permitted the Central Intelligence Agency to use confidential fiscal and administrative procedures and exempting it from many of the usual limitations...
of 1949 and the Inspector General Act of 1978, sets forth a procedure for employees and contractors of specified federal intelligence agencies to report complaints or information to Congress about serious problems involving intelligence activities.
Under the provisions of section 8H applicable to the FBI, an FBI employee or contractor who intends to report to Congress a complaint or information of “urgent concern” involving an intelligence activity may report the complaint or information to the DOJ Office of the Inspector General
Office of the Inspector General
Office of the Inspector General is an office that is part of Cabinet departments and independent agencies of the United States federal government as well as some state and local governments. Each office includes an Inspector General and employees charged with identifying, auditing, and...
. Within a 14-day period, the OIG must determine “whether the complaint or information appears credible,” and upon finding the information to be credible, thereafter transfer the information to the Attorney General who then submits the information to the House and Senate Intelligence Committees. If the OIG does not deem the complaint or information to be credible or does not transmit the information to the Attorney General, the employee may provide the information directly to the House and Senate Intelligence Committees. However, the employee must first inform the OIG of his or her intention to contact the intelligence committees directly and must follow the procedures specified in the Act.
The Act defines "urgent concern" as 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
Classified information in the United States
The United States government classification system is currently established under Executive Order 13526, the latest in a long series of executive orders on the topic. Issued by President Barack Obama in 2009, Executive Order 13526 replaced earlier executive orders on the topic and modified the...
, but does not include differences of opinions concerning public policy matters"; a false statement to Congress; and taking or threatening to take certain personnel actions in retaliation for making the report to Congress.
In 2006 Thomas Gimble, Acting Inspector General, Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
, stated before the House Committee on Government Reform that the ICWPA is a 'misnomer
Misnomer
A misnomer is a term which suggests an interpretation that is known to be untrue. Such incorrect terms sometimes derive their names because of the form, action, or origin of the subject becoming named popularly or widely referenced—long before their true natures were known.- Sources of misnomers...
' and that more properly the Act protects the communication of classified information to Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
.
As of February 14, 2006 -- the eighth year of the statute's enactment -- the DOJ OIG had not received any complaints under this statute.