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Intelligence Community Inspector General Statement on Processing of Whistleblower Complaints Whistleblower Complaint on Ukraine (Kelly Smith, comp.) [1] (9/30/2019)

handle is hein.presidents/usgvtwht0056 and id is 1 raw text is: 






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        Office of the Inspector General of the Intelligence
   Community's Statement on Processing of Whistleblower
                                   Complaints

       (September 30, 2019) The Office of the Inspector General of the Intelligence Community
(ICIG) processes complaints or information with respect to alleged urgent concerns in accordance
with the Intelligence Community Whistleblower Protection Act (ICWPA) and the ICIG's
authorizing statute. With respect to the whistleblower complaint received by the ICIG on August
12, 2019, the ICIG processed and reviewed the complaint in accordance with the law.

       The law required that the Complainant be [a]n employee of an element of the intelligence
community, an employee assigned or detailed to an element of the intelligence community, or an
employee of a contractor to the intelligence community. 50 U.S.C. § 3033(k)(5)(A). The ICIG
confirmed the Complainant was such an employee, detailee, or contractor.

       The law also required that the Complainant provide a complaint or information with respect
to an urgent concern, which is defined, in relevant part, as: A serious or flagrant problem, abuse,
violation of the 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, but does not include differences of opinions
concerning public policy matters. Id. § 3033(k)(5)(G)(i). The Inspector General of the
Intelligence Community determined that the Complainant alleged information with respect to such
an alleged urgent concern.

       In addition, the law required the Inspector General of the Intelligence Community within
14 calendar days to determine whether information with respect to the urgent concern appeared
credible. Id. § 3033(k)(5)(B). The Inspector General of the Intelligence Community determined,
after conducting a preliminary review, that there were reasonable grounds to believe the urgent
concern appeared credible.

       At the time the Complainant filed the Disclosure of Urgent Concern form with the ICIG
on August 12, 2019, the ICIG followed its routine practice and provided the Complainant
information, including Background Information on ICWPA Process, which included the
following language:

             In order to find an urgent concern credible, the IC IG must be in
             possession of reliable, first-hand information. The IC IG cannot transmit
             information via the ICWPA based on an employee's second-hand
             knowledge of wrongdoing. This includes information received from
             another person, such as when a fellow employee informs you that he/she
             witnessed some type of wrongdoing. (Anyone with first-hand knowledge

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