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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
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
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
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.
The Intelligence Community Whistleblower Protection Act, which went into effect Jan. 1, 1999, provides employees of the Intelligence Community (IC) the means to report to Congress complaints or information pertaining to "urgent concerns" (see below) without suffering reprisal.
This section provides a common starting point for determining whether a complaint or information pertains to the ICWPA and for pursuing the proper course of action.
In general, the ICWPA defines an "urgent concern" as:
A whistleblower complaint that does not satisfy one of the above criteria may still prove a valid issue, but such issues are handled under provisions other than the ICWPA.
Agency OIGs must, in effect, make two determinations when fielding a whistleblower complaint to determine whether it is an ICWPA case. First, the complaint must meet one of the three above criteria. Second, the complaint must be deemed "credible," or substantiated by facts allowing an investigation to proceed.
To report waste, fraud, abuse, or misconduct in the Intelligence Community, there are three ways to contact us:
Office of the Inspector General of the Intelligence Community, Investigations Division
Washington D.C. 20511
What is Reportable?
The IC IG is authorized to investigate complaints or information concerning allegations of a violation of law, rule, regulation, waste, fraud, abuse of authority, or a substantial or specific danger to public health and safety in connection with ODNI and/or IC intelligence programs and activities.
Can I Be Punished for Contacting the IC IG?
Reprisal against an employee for making a complaint or disclosing information to the IC IG is prohibited. Those who believe they have been subjected to reprisal due to a complaint or disclosure, should contact the IC IG immediately. Protection from reprisal does not extend to an employee who makes a complaint or discloses information with knowledge that the complaint or information is false or with wilful disregard for its truth or falsity.
Who Will Handle this Allegation?
The IC IG reviews and assesses the report and determines if it should be handled by the IC IG or referred to another appropriate office. Issues may be reviewed internally or forwarded to another more appropriate office for resolution.
Can I Be Anonymous?
Yes you can report anonymously. However, it would help our investigation if we had someone to contact if we needed additional information. The IC IG will not disclose the identity of the complainant without their consent, unless the IC IG determines such disclosure is unavoidable in the course of carrying out its responsibilities to resolve the complaint. We encourage you to identify yourself in your report to allow for the IC IG to follow-up. However, you may submit a report anonymously.
To report anonymously, you may call the IC IG at 1-855-731-3260.
The goal of the Office of the Director of National Intelligence Freedom of Information Act/Privacy Act Office is to keep the public better informed about the Agency’s efforts to ensure U.S. security through the release of as much information as possible, consistent with the need to protect classified or sensitive information under the exemption provisions of these laws.
Freedom of Information Act
The Freedom of Information Act (FOIA), 5 U.S.C. sec. 552 (as amended by the OPEN Government Act of 2007, Pub. L. No. 110-175, 121 Stat. 2524) generally provides that any person (with the exception of another Federal agency, a fugitive from the law, or a representative of a foreign government) has the right, enforceable in court, to request access to any existing record of the Executive Branch of the U.S. Government unless the information in those records is protected from disclosure by one or more of the nine exemptions that qualify an agency’s need to withhold records from the public. The Office of the Director of National Intelligence (ODNI) acts in accordance to all Federal laws and adheres to the policy and disclosure regulations set forth in 32 CFR Chapter XVII Part 1700 to implement the FOIA uniformly and consistently and to provide maximum allowable disclosure of agency records upon request.
Records that, generally, may be protected from disclosure are: (1) properly classified material; (2) limited kinds of purely internal agency personnel rules and practices; (3) matters exempt from disclosure by other statutes; (4) trade secrets or commercial or financial information obtained from a person and privileged or confidential; (5) inter- or intra- agency communications that represent the deliberative, pre-decisional process, attorney work product, or attorney-client privileged records; (6) personnel, medical, and similar files containing information that would be a clearly unwarranted invasion of personal privacy; (7) law enforcement records to the extent that one of six specific harms could result from disclosure; (8) matters relating to the regulation or supervision of financial institutions; and (9) geological and geophysical information on oil wells.
The FOIA provides for access to “reasonably described” records. This means a requester must describe the actual document(s) sought to provide sufficient details to permit a search with reasonable effort utilizing existing indices or search tools. The FOIA does not require an agency to create a record, collect information, conduct research, or analyze data.
The Privacy Act of 1974 (5 U.S.C. Sec. 552a) regulates the collection, maintenance, use, and dissemination of personal information by federal executive branch agencies to balance the government's need to maintain information about individuals with the rights of individuals to be protected against unwarranted invasions of their privacy.
The Act focuses on four basic policy objectives:
(1) To restrict disclosure of personally identifiable records maintained by agencies;
(2) To grant individuals increased rights of access to agency records maintained on themselves;
(3) To grant individuals the right to seek amendment of agency records maintained on themselves upon a showing that the records are not accurate, relevant, timely, or complete; and
(4) To establish a code of "fair information practices" which requires agencies to comply with statutory norms for collection, maintenance, and dissemination of records.
Similar to the FOIA, the Privacy Act provides individuals with the right to seek access to agency records. However, under the Privacy Act, an individual (defined as a U.S. citizen or permanent resident alien) may only seek access to his/her own record, or to any information pertaining to him/her, if such information is maintained by an agency within a Privacy Act system of records and is not exempt from release under the provisions of the law. In addition, any requests to amend an agency record are limited to correcting factual errors and not matters of official judgement, such as performance ratings, or subjective judgements that reflect an individual’s observation, evaluation or opinion.
Requests for information under the FOIA or PA
To obtain records from the ODNI, a FOIA or PA request may be submitted in writing to:
Jennifer L. Hudson
Chief, Information and Data Management Group
Office of the Director of National Intelligence
Washington, D.C. 20511
ODNI's Electronic Reading Room
ODNI Open Government Plan
ODNI FOIA Handbook
October 2012 - September 2013 (FY 2013)
August - December 2012
ODNI FOIA Report Q1 2014 (JSON/XML.zip)
ODNI FOIA Report Q4 2013 (JSON/XML.zip)
ODNI FOIA Report Q3 2013 (JSON/XML.zip)
ODNI FOIA Report Q3 2013 (JSON/XML.zip)
ODNI FOIA Report Q1 2013 (JSON/XML.zip)
ODNI Chief FOIA Officer Report 2013
ODNI Chief FOIA Officer Report 2012
ODNI Chief FOIA Officer Report 2011
ODNI Chief FOIA Officer Report 2010
2012 Annual Report (XML)
2011 Annual Report
2010 Annual Report
2009 Annual Report
2008 Annual Report
2007 Annual Report
2006 Annual Report
2005 Annual Report
ODNI FOIA Review and Report as Required by EO 13392
Backlog Reduction Plan
ODNI FOIA Reading Room Certification
Intelligence Community FOIA websites
Central Intelligence Agency
United States Coast Guard
Defense Intelligence Agency
Department of Energy
Department of Homeland Security
Department of State
Department of the Treasury
Drug Enforcement Administration
Federal Bureau of Investigation
National Geospatial-Intelligence Agency
National Reconnaissance Office
National Security Agency
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