Intelligence Community Whistleblower Protections In Brief (CRS Report for Congress)
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| Release Date |
Dec. 13, 2018 |
| Report Number |
R45431 |
| Report Type |
Report |
| Authors |
DeVine, Michael E. |
| Source Agency |
Congressional Research Service |
Summary:
Whistleblowing is “the act of reporting waste, fraud, abuse and corruption in a lawful
manner to those who can correct the wrongdoing.” Intelligence Community (IC)
whistleblowers are those employees or contractors working in any of the seventeen
elements of the IC who reasonably believe there has been a violation of law, rule, or
regulation, gross mismanagement, waste of resources, abuse of authority, or a substantial
danger to public health and safety. The IC has publicly recognized the importance of whistleblowing, and supports
protections for whistleblowers who conform to guidelines to protect classified information. The Director of
National Intelligence (DNI) whistleblowing policy and guidance is publicly available and specifically addresses
the process for making protected disclosures and whistleblower protections for IC contractors, members of the
Armed Forces, and federal employees. There are differing opinions, however, on whether the IC’s internal
processes have the transparency necessary to ensure adequate protections against reprisal, and whether protections
for IC contractors are sufficient.
IC whistleblower protections have evolved in response to perceptions of gaps that many believed left
whistleblowers vulnerable to reprisal. The first whistleblower legislation specific to the IC was limited to
specifying a process for IC whistleblowers to make a complaint but offered no specific protections. Subsequent
legislation included only general provisions for protecting IC whistleblowers with no additional guidance on
standards for implementation. Presidential Policy Directive (PPD)-19, signed in 2012, provided the first specific
protections against reprisal actions for making a complaint. The Intelligence Authorization Act for Fiscal Year
2014 codified these provisions which were further supported with IC implementation policy. Separate legislation
under Title 10 of the U.S. Code, along with DOD implementing guidance, provides protections for members of
the Armed Forces, including those assigned to elements of the IC. In early 2018, Congress passed legislation to
address perceived gaps in protections for IC contractors.
