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Letter from Klitenic to House Intelligence Committee and Senate Committee on Intelligence Whistleblower Complaint on Ukraine (Kelly Smith, comp.) [1] (9/13/2019)

handle is hein.presidents/usgvtwht0016 and id is 1 raw text is: UNCLASSIFIED//F-9%HG OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE OFFICE OF GENERAL COUNSEL WASHINGTON, DC 20511 September 13, 2019 The Honorable Richard Burr The Honorable Adam Schiff Chairman Chairman Select Committee on Intelligence Permanent Select Committee on Intelligence United States Senate United States House of Representatives Washington, DC 20510 Washington DC 20515 The Honorable Mark Warner The Honorable Devin Nunes Vice Chairman Ranking Member Select Committee on Intelligence Permanent Select Committee on Intelligence United States Senate United States House of Representatives Washington, DC 20510 Washington DC 20515 Dear Chairman Burr, Chairman Schiff, Vice Chairman Warner, and Ranking Member Nunes, (U/IFGUG) On September 10, 2019, Chairman Schiff sent a letter to the Acting Director of National Intelligence (DNI), requesting information relating to a complaint that the Inspector General of the Intelligence Community (ICIG) had received from an individual within the Intelligence Community. In that letter, Chairman Schiff expressed the view that the DNI's handling of the complaint was not consistent with 50 U.S.C. § 3033(k)(5). The ICIG sent a separate letter to both committees concerning the underlying complaint on September 9, 2019. I write to provide the intelligence committees with additional information concerning the complaint and to explain how the DNI fully complied with applicable law. As explained below, because the disclosure in this case did not concern allegations of conduct by a member of the Intelligence Community or involve an intelligence activity under the DNI's supervision, we determined, after consulting with the Department of Justice (DOJ), that no statute requires disclosure of the complaint to the intelligence committees. (U//F-04) The DNI believes strongly in the role of the ICIG and in the statutory provisions that encourage Federal employees and government contractors to report truthful allegations of wrongdoing, in accordance with the specific legal process. The DNI also takes seriously his obligation to protect lawful whistleblowers from retaliation. For the Intelligence Community, this process is codified in the Intelligence Community Whistleblower Protection Act (ICWPA) and in the parallel provisions in Title 50 of the U.S. Code. Under ICWPA, Congress enacted a framework to report matters of urgent concern within the Intelligence Community to Congress that protects both Congress' legitimate oversight responsibilities as well as the constitutional authority of the President to determine how, when, and under what circumstances classified or privileged information may be reported to Congress. See generally Whistleblower Protections for Classified Disclosures, 22 Op. O.L.C. 92 (1998). UNCLASSIFIED// PGHU

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