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Letter from Schiff to Maguire Whistleblower Complaint on Ukraine (Kelly Smith, comp.) 1 (9/10/2019)

handle is hein.presidents/usgvtwht0013 and id is 1 raw text is: 
ADAM B. SCHIFF, CALIFORNIA                     XONE HUNDRED SIXTEENTH CONGRESS
                                           RDEVIN NUNES, CALIFORNIA
 TA' BERGREE., SAwr DIRECTOR                                                      RANKING MEMBER
     (202) 2254690                                                            ALIEN SOU, MmsrTy SOAFF DREcTOR
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                                 permanent 6ert Committe
                                        on Inteligentre
                                 R     jous of Acpre entatibtf


                                        September 10, 2019



       The Honorable Joseph Maguire
       Acting Director of National Intelligence
       Office of the Director of National Intelligence
       Washington, D.C. 20511



       Dear Acting Director Maguire:

              The House Permanent Select Committee on Intelligence (Committee) has learned that,
       contrary to your express obligations under the law, you are withholding from the Committee an
       authorized and protected whistleblower disclosure involving 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 within the responsibility and authority of the Director of
       National Intelligence involving classified information.'

              On August 26, 2019, consistent with the procedures in the Intelligence Community
        Whistleblower Protection Act (ICWPA), the Inspector General of the Intelligence Community
        (ICIG) transmitted to you a whistleblower disclosure intended for Congress, which an
        individual within the Intelligence Community lawfully submitted to the ICIG on August 12,
        2019. Based on a preliminary review conducted within the 14-day period provided by the statute,
        the ICIG determined that the disclosure meets the statutory definition of an urgent concern and
        that there are reasonable grounds to believe the information relating to the urgent concern is
        credible.

              The ICWPA requires you to forward all whistleblower transmittals from the ICIG to the
        congressional intelligence committees within a statutorily-mandated 7-day period.2 You should


        50 U.S.C. §3033(k)(5)(G).
        2 50 U.S.C. §3033(k)(5)(A) requires that upon receipt of a transmittal from the Inspector general... the Director
        shall, within 7 calendar days of such receipt, forward such transmittal to the congressional intelligence committees,
        together with any comments the Director considers appropriate (emphasis added). The statute does not provide the
        Director of National Intelligence with discretion to withhold a whistleblower disclosure.

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