These attempts started with the Intelligence Community Whistleblower Protection Act in 1998, which came to extend protections to intelligence whistleblowers including “employees of the Central Intelligence Agency, Defense Intelligence Agency, National Imagery and Mapping Agency, National Reconnaissance Office, National Security Agency, Federal Bureau of Investigation, and any other agency that the President determines has the principal function of conducting foreign intelligence or counterintelligence activities.” This law came as an encouragement to employees and contractors to report the wrongdoings of the government to Congress whether it includes matters of classified or unclassified information.
But, though the Intelligence Community Whistleblower Protection Act tried to be inclusive by making not only the employees of the latter agencies fall within its scope but also contractors it is still offering a very limited protection when compared to the one offered to federal employees by the Whistleblower Protection Act. In reality, this law gives the appearance of protecting intelligence community whistleblowers but what it really does is providing them with the process and procedures through which they have to go to make disclosures to congressional intelligence committees .In fact, the statutory protection it affords for intelligence community whistleblowers is very limited and there is no mention of mechanisms for remedying for retaliation , and it explicitly states that the actions taken by Inspector General or and agency head “shall not be subject to judicial review”. Therefore, the effectiveness of the Intelligence Community Whistleblower Protection Act was highly questioned when it comes to providing whistleblowers with a substantive protection against retaliation .
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