UNCLASSIFIED

UNCLASSIF

‘Db

B. The ERB will not consider disciplinary actions against civilian detailees, military
detailees, Intergovernmental Personnel Act (IPA) detailces, assignees, and contractors;
however, these individuals may be returned to their parent organizations prior to
expiration of the period of detail or assignment

C. ‘This policy does not apply to cases involving fitness-for-duty evaluations or
reasonable accommodations.

5. POLICY:

A. The national security missions. tunctions, and activities of the ODNI are of such
importance and sensitivity that any concerns pertaining to an employee's performance,
conduct, and/or suitability for continued ODNI employment must be considered curetully
and resolved fully whenever they arise. The ODNI seeks to resolve such issues in a
manner that is both helpful and supportive to employees. while at the same time
protective of the ODNI’s equities, which are paramount. As the advisory board, the ERB
serves as the central point of review of pertinent information to achieve these ends. The
ERB also ensures that security, human resources, medical, legal, counterintelligence, and
management considerations are taken into account

B. The ERB will review cases in which information that surfaced in security,
Intelligence Community Inspector General (IC 1G), or other investigations; or that
otherwise came to the attention of ODNI management, causes concern regarding an
employee's performance. conduct, or suitability. The ERB will provide recommendations
to management for disciplinary actions, and, upon request, assist management in
determining an employee's certification out of trial period. The ERB will also serve on
request as an advisory council in the areas of employee discipline, suitability.
performance, standards of conduct, and the handling and administration of problem or
difficult employees.

©. The Chief Management Officer (CMO) will chair the ERB when it convenes to
consider issues of employee performance, conduct, and suitability. If the ERB has a
member from the employee's component, that member will be present solely to provide a
statement and to answer questions relative to the subject of the inquiry and will not be
permitted to vote. The following individuals or their designees will serve as advisors to
the ERB: the General Counsel (GC), the IC IG, the Director/Human Resources (D/HR),
the Director/Security, the Director/IC Equal Employment Opportunity and Diversity, and
the Employee Relations Officer (ERO). The chair also may invite other officials to serve
as advisory members on medical, counterintelligence, civil liberties and privacy, or other
issues as appropriate

D. Requests to Convene the ERB:

(i) Any manager who discovers information that raises doubts about any ODN1
employee's suttability for continued employment because of significant security
concerns, suitability issues, or serious performance or conduct deficiencies should submit

5

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Age 0 0 |° ol ° 0 0
ope 0

Disability 0 0 0 0 0 0
. 0

1. Physical 0 0 0 0 0 0
0

2. Mental 0 0 0 0 0 0

Non-EEO 0 0 y 0 0 0 0

Table 9. Number of Final Agency Actions Involving a Finding of Discrimination by Issue, (see
29 C.F.R. § 1614.704(k))

Fiscal Year
2016 2017 2018 2019 2020 2021
Tratnmerorroanesot To To ft fo fo |
Appointment/Hire 0 0 0 0 0 0
Assignment of Duties 0 0 1 0 0 0
Awards 0 0 0 0 0 0
Conversion to Full-Time 0 0 0 0 0 0
Disciplinary Action 0 0 0 0 0 0
1. Demotion 0 0 0 0 0 0
2. Reprimand 0 0 0 0 0 0
3. Suspension 0 0 0 0 0 0
4. Removal 0 0 0 0 0 0
5. Other 0 0 0 0 0 0
Duty Hours 0 0 0 0 0 0
Evaluation/Appraisal 0 0 0 0 0 0
Examination/Test 0 0 0 0 0 0
Harassment 0 0 0 0 0 0
1. Non-Sexual 0 0 0 0 0 0
2. Sexual 0 0 0 0 0 0
Medical Examination 0 0 0 0 0 0
Pay/Overtime 0 0 0 0 0 0
Promotion/Non-Selection 0 0 0 0 0 0
Reassignment 0 0 0 0 0 0
13

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APPENDIX A
TYPES OF DISCIPLINARY MEASURES AND RELATED ACTIONS

This Appendix should be read in conjunction with Appendix B and the Central
Intelligence Agency Special Issues Handbook, or any subsequent superseding issuances
adopted by the Office of the Director of National Intelligence (ODNI).

I. LESSER DISCIPLINARY MEASURES

Oral Admonition. An oral admonition is an oral warning given to employees to point
out deficiencies in conduct, performance, or security practices. An oral admonition may
be issued by an employee's first-line supervisor or higher management. No advance
written notice to the employee or coordination with Mission Support Division/Human
Resources (MSD/HR) or the Employee Relations Officer (ERO) is required before the
decision to issue an oral admonition, Written record of an Oral Admonition should be
made and kept by the component supervisor.

Letter of Warning. A letter of warning is a written memorandum that documents
concerns regarding the employee's performance, conduct, or security practices and that
sets forth corrective measures to be taken. A letter of warning is more serious than an
oral admonition and may be issued by the employee’s first-line supervisor or higher
management. The letter of warning will include a statement that it will be placed in the
employee’s component file for a specified period of time allowed to correct the problem
and should be acknowledged by the employee's signature. No advance notice to the
employee or coordination with MSD/HR or the ERO is required before the decision to
issue a letter of warning.

Letter of Reprimand. A letter of reprimand is # formal written repnmand by a manager
to a subordinate. A letter of reprimand may be issued by the Component Director or
designee or higher authority in response to concerns regarding conduct, performance, or
security practices. Each letter of reprimand will describe the specific reason for which
the reprimand is being issued and state any corrective measures to be taken, and should
be acknowledged by the employee's signature. The letter will also state the duration of
the period of reprimand and the time designated to correct any deficiencies. The letter
will state whether it is being issued with or without caveats, for example, whether the
employee will be precluded from receiving monetary performance awards, non-monetary
performance awards, and retirement mementos during the active period of reprimand.
Monetary performance awards include promotions, bonuses, within-grade step increases,
and exceptional performance awards. Prior to the decision to issue a letter of reprimand.
managers will consult with the ERO and give the employee advance notice of the
relevant issues and an opportunity to respond, as defined in Appendix B

Suspension for Not More than Five Days. Suspension is a temporary enforced absence
from duty in a nonpay status. It is a disciplinary action imposed by the Chief
Management Officer (CMO) or higher authority in response to suitability concerns,
conduct or performance, or for security reasons. Prior to the decision to suspend an

6

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Directive 19, Protecting Whistleblowers with Access to Classified Information (October 2012),
Intelligence Community Directive 120, Intelligence Community Whistleblower Protection (20
March 2014), and other policy guidance. Another statutory provision authorizes the Office of the
Inspector General of the Intelligence Community (ICIG) to conduct independent reviews of
claims of whistleblower retaliation submitted by ODNI and other IC personnel.* The ICIG also
has the statutory authority to receive complaints of information from IC whistleblowers who
intend to report a matter of “urgent concern” to the congressional intelligence committees.°
Together, these statutory authorities and presidential and intelligence community directives
provide IC employees with certain whistleblower protections similar to those found in the No
FEAR Act.

No FEAR Act web-based training, required for all ODNI employees, addresses the rights
and remedies available to employees via the EEO process. IC Whistleblowing training, mandatory
for all ODNI employees and contractors, addresses the rights and remedies available to those who
may disclose information through the appropriate channels, as set forth in the Presidential Policy
Directive 19 and Intelligence Community Directive 120. ODNI is committed to preventing
discrimination and retaliation within ODNI and across the IC.

REPORTING OBLIGATIONS

During FY 2021, ODNI had one case in federal court arising under federal anti-
discrimination laws.

ODNI has made no reimbursements to the Judgment Fund for payments, as defined in 5
C.F.R. §724.103.

During FY 2021, there were no disciplinary actions taken against ODNI employees,
pursuant to 5 C.F.R. §724.302(a)(3).

ODNI is committed to providing a workplace that promotes productivity and
professionalism, as well as an inclusive environment that protects the dignity of the entire
workforce. The DNI annually issues a policy statement that promotes anti-harassment, equal
opportunity, and diversity, while declaring that ODNI prohibits and will not tolerate
discrimination, harassment, or retaliation. The DNI Statement on EEO (Appendix II) advises that
employees will be subject to appropriate corrective action if they are found to have engaged in
discriminatory or harassing behavior.

4 See 50 U.S

5 See 50 U.S.C. § 3033(k)(5)(A). For purposes of this statute, an “urgent concern” is 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 under the DNI’s jurisdiction; or a false statement or willfully omitted material information to
Congress, relating to the funding, administration, or operation of an intelligence activity within the DNI’ jurisdiction;
or an actual or threatened reprisal action for having previously reported an urgent concern. See § 3033(k\(5\G).

4

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a written request to convene the ERB through the appropriate Component Director to the
D/HR. The referring official must provide a detailed statement supporting the basis for
the request. The referring official also must indicate whether he or she believes that the
employee should be removed from the workplace pending the CMO’s decision and
provide a justification for that recommendation

(2) Any employee who has reason to question the performance or conduct of
another employee should consult with the component manager or supervisor, the ERO, or
other appropriate ODNI officials for advice or assistance in addressing the issue

(3) The D/HR, in coordination with the employee's Component Director and.
other relevant ODNI offices, will secure a decision from the CMO on whether to convene
an ERB or to take other less serious action.

(4) If the CMO determines that the matter requires an ERB, the ERO will prepare
a statement of the issues to be discussed based on the information contained in the
request to convene the ERB. Unless security, counterintelligence, or other concerns
preclude notification to the employee, the statement of issues will be presented to the
employee at least ten business days prior to the scheduled meeting of the ERB. The
statement also will include notification to the employee of the appeal process. ‘The
employee may respond in writing to the ERO’s statement of the issues; the response musi
be submitted within five business days of receiving the ERO’s statement

(5) The CMO also may convene an ERB to consider cases referred by the
Director/Security, ODNI managers, the IC IG, or other relevant senior officials,
following investigations that raise suitability issues or other matters.

(6) In selected cases (¢.g., workplace violence, employee arrests), the CMO may
determine whether to convene an ERB or to render independent decisions regarding the
imposition of appropriate disciplinary actions as outlined below. ‘The DNI, Principal
Deputy DNI(PDDND), and the CMO may make independent decisions in consultation
with the D/HR, the ERO, the GC, and/or any other entities deemed appropriate

E. Decisions on Disciplinary Actions:

(1) The CMO will convene the ERB within 15 business days of receipt of the
statement of tssues.

(2) The employee may make a personal appearance before the ERB to present an
oral statement and answer questions. The Component Director will also make a
presentation before the board. The ERB will analyze and evaluate the statement of
issues, the employce’s response, if any, and any other relevant information, and make
recommendations to the CMO. The ERB may consider other issues that arise during the
discussions that may not have been included in the statement of issues presented to the
employee. The ERB can recommend the full range of disciplinary actions described in
Appendix A, as well as other corrective measures such as reassigning the employee to
another position.

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APPENDIX B

IMPOSING DISCIPLINARY MEASURES AND RELATED ACTIONS:

REQUIREMENTS REGARDING NOTICE TO EMPLOYEES

‘Type of Minimum
Discipline (in Authority
ascending

order of

severity

Lesser

Disciplinary

Actions

Oral First-line
Admonition Supervisor

Letter of First-line
Warning Supervisor
(LOW)

Letter of Component
Reprimand Director or
(LOR) (with designee or
or without higher
caveats) authority

Suspension Chief
For Not More Management
Than Five Officer
Days

authority

Reason for
Discipline

Concerns with
security or
suitability, for
example,
deficiency in
conduct or
performance

Concerns with
security or
suitability, for
example,
deficiency in
conduct or
performance

Concems with
security or
suitability, for
example
deficiency in
conduct or
performance

Concerns with
security or
suitability, for
example.
deficiency in
conduct or
performance

Minimum Prior
Type of Consultation
Notice to ith
Employee Employee
Before Final Relations

Decision to Officer
Impose

Sanction

None, No
contempor

aneous with
admonition

None. No
contempor:
ancous with
LOW

Oral Yes
employee
response can

be

contempor

aneous with

the notice
Written, Yes
employee has

five business

days to

respond

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26

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Final Notice Appeal
to Employee Procedures
Regarding
Discipline

Oral None

Wniten, None
LOW itself

serves as

written

notification

Whitten, LOR None
itself serves

as written,
notification

Written None


UNCLASSIFIED
UNCLASSIFIED

(2) Determine whether the ERB should be convened.

(3) Decide cases discussed by the ERB pursuant to this Instruction after recetving,
the recommendations of the ERB.

B. Mission Support Division/Human Resources will be responsible for
implementation of this Instruction

C. The Director/Human Resources or designee will

(1) Maintain records of all personnel disciplinary actions, with the exception of
oral admonitions and letters of warning from component managers and supervisors
Records of oral admonitions and letters of warning will be maintained by component
managers and supervisors.

(2) On behalf of the ERB, prepare a written record of the ERB’s recommendations
on cases to the CMO.

D. Component Human Resources Officers and component managers will ensure that
original documents of disciplinary actions (excluding oral admonitions and letters of
warning) are promptly forwarded to the D/HR

E. The Employee Relations Officer will

(1) Provide information to the ERB, as appropriate, regarding relevant precedent
setting cases in order to inform the ERB deliberations.

(2) Prepare a statement of the issues to be discussed based on the information
contained in the request to convene the ERB.

F. The Principal Deputy Director of National Intelligence will decide any appeals of
the CMO’s decisions

7. EFFECTIVE DATE: This Instruction is effective upon signature.

mga tan 5 Mad doit

At W. Ewing Date
Chief Management Officer

Appendix A: Types of Disciplinary Measures and Related Actions
Appendia B: Imposing Disciplinary Measures and Related Actions: Requirements
Regarding Notice to Employees

5

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2

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SUBJECT:  Director’s Statement on Equal Employment Opportunity

J look forward to working with you to guide organizational behavior, values, and ethos while
following data-driven approaches. We are working towards improving the accountability, equality of
opportunity, and inclusion in all corners of the ODNI workplace and across the IC,

LLOAUL ge oy

Alef D. Haines Date

UNCLASSIFIED

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APPENDIX I: ODNI EQUAL EMPLOYMENT OPPORTUNITY DATA
POSTED PURSUANT TO TITLE III OF THE NOTIFICATION AND
FEDERAL EMPLOYEE ANTIDISCRIMINATION AND RETALIATION
ACT OF 2002 (NO FEAR ACT) PUB. L. 107-174

Table 1. Number of Complaints, (see 29 C.F.R. § 1614.704(a)-(c))

Fiscal Year

2016 2017 2018 2019 2020 2021

Number of Complaints

complaints during the FY

Filed during the FY 6 8 5 4 7 9
Number of Complainants |

Who filed a complaint <

during the FY 6 s > 4 7 d

Who filed two or more 0 0 0 0 0 0

Table 2. Number of Complaints by Basis, (see 29 C.F.R. § 1614.704(d))

Fiscal Year
2016 2017 2018 2019 2020 2021
Race 0 4 4 i 2 i
Color 0 0 2 0 0 0
Religion 1 0 0 ) 0 1
Retaliation 3 6 4 1 2 2
Sex 1 4 3 1 4 3
Pregnancy 0 0 0 0 0 0
National Origin 1 0 0 0 0 0
Equal Pay 0 2 0 0 1 0
Age 3 2 2 0 2 1
Disability 3 2 1 1 3 4
Renctic Information Non- 1 0 0 0 0 0
Non-EEO 1 0 0 0 2 0
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Fype of Minimum

Discipline (in Authority

ascending

order of

severity

Suspension OMQ, in

for Security consultation

Reasons with Director!
security

knforeed = CMO

Administra-

tive Leave

UNCLASSIFIED

UNCLASSIFIED

Reason for Minimum — Prior

Discipline Type of Consultation
Notice to with
Employee — Employee
Before Final Relations
Decision to Officer
impose
Sanction

ompelling None. when Yes

security reasons, the decision

pending ts based or

outcome of security

alleged concerns

miscondact

investigations,

or where such

action may

otherwise be

desirable

For competing None Yes

security reavons,

pending

outcome of

alleged

misconduct

investigations,

or where such

action is

otherwis.

desirable

f2
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29

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Final Notice Appeat
to Employee Procedures.
Regarding

Discipline
Writer None
Written None


UNCLASSIFIED

knowledge; performance management challenges; poor communication; and challenges with
managing contractors in the workplace.

Bases of Discrimination in EEO Complaints

During FY 2021, ODNI’s most frequently alleged basis of discrimination in formal EEO
complaints was disability, followed by sex. These bases remain consistent with the most
frequently alleged bases in FY 2020. There are no obvious trends in the data for complaint
activity.

Issues in EEO Complaints

The most frequently raised issues in discrimination complaints during FY 2021 were:
appointment/hire; non-sexual harassment; and termination. While there are no notable trends in the
issues raised given the small number of complaints, the overall number of issues raised in FY 2021
was eight, which is a decrease from ten in the previous year.

Practical Knowledge Gained Through Experience

In FY 2021, the EEO Office experienced changes in leadership and organizational
restructure that impacted strategic goals and efforts. In the face of these challenges, including a
significant depletion of staff and related resources, the team was able to timely process the largest
number of complaints in agency history. During FY 2021, the ODNI workforce remained in a
COVID-19 posture, which impacted the EEO Office’s efforts to finalize a new web-based anti-
harassment training resource. However, ODNI's Employee Management Relations Office (EMRO)
leveraged contract resources to create a Bystander Intervention training for implementation in the
subsequent fiscal year.

Based on knowledge gained from previous reports on workplace barriers, the EEO Office
administered a two-day experiential learning opportunity that demonstrates the importance of
network “expansion” as a leadership competency among mid-level supervisors. Select media and
written materials were introduced to engage participants in thought-provoking discussions on
topics such as: the language of exclusion (bias, micro-aggression, gaslighting, systemic racism,
power, and authority); the strategic importance of building and sustaining diverse and expansive
networks; and social identity. The competencies gained from this course align with many of
ODNI's performance elements, including: accountability for results; communication; engagement
and collaboration; and personal leadership and integrity.

In response to concerns about limited equal employment opportunities due to the
operational challenges presented during the pandemic, the EEO Office worked in partnership with
the IC Deaf and Hard of Hearing Affinity Network to create a resource guide for the IC to ensure
accessibility and build an inclusive workforce. The EEO Office finalized a virtual meeting guide,
Small Steps to Building an Inclusive Workplace, to increase education and awareness about hosting
accessible meetings in unclassified and secure virtual environments. The guide includes a checklist
for meeting preparation, a multi-faceted catalog of links to best practices, and information useful to
learn about building an inclusive and accessible work environment for employees with a range of
disabilities. The guide encourages leaders to identify other barriers to accessibility and to examine

6

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On 05 June 2021, the DNI signed Intelligence Community Policy Guidance (ICPG) 110.2,
Preventing and Responding to Workplace Harassment. The EEO Office provided support and
expertise to the DNI to establish this guidance for ODNI and IC elements. The ICPG provides
guidance to ensure effective programs and policies exist to detect and prevent workplace
harassment, to encourage reporting and prompt remediation of concerns involving harassment, and
to emphasize the existence of protections against retaliation for individuals who participate in equal
employment opportunity matters regarding harassment or otherwise oppose discriminatory
harassing conduct.

Any concerns relating to an employee’s conduct for continued ODNI employment are
carefully considered and resolved in accordance with ODNI Instruction 30.01 — Conduct,
Accountability, and Discipline (Instruction 30.01, Appendix III). Instruction 30.01 designates an
Executive Review Board (ERB) as the primary mechanism for reviewing and advising actions
necessary for employee performance, conduct, and suitability cases. The ERB consists of the
Chief Operating Officer, advisory members from a range of varied components for agency
oversight, and other management officials to review cases arising from varied sources and
investigations regarding an employee’s performance, conduct, and suitability. Instruction 30.01
outlines the types of disciplinary measures and related actions.

ODNI continues to offer an EEO briefing during new employee orientation, which
complies with the No FEAR Act requirements. Additionally, the agency learning management
system hosts an online No FEAR Act training module that tracks and notifies employees of the
biannual training requirement of the Act. Throughout the year, the EEO Office leverages ad-hoc
opportunities to educate ODNI managers and employees on a range of matters, such as: preventing
and mitigating EEO violations; the importance of confidentiality in the EEO process; identifying
actions that constitute unlawful retaliation; disability rights; and other EEO compliance issues.
Further, ODNI provides mandatory Unconscious Bias training for all senior managers and
supervisors who participate in the ODNI’s Career Advisory Boards (career development and
promotion boards).

No FEAR FY 2016 ~ FY 2021, Year-End Data Report

Appendix I contains ODNI’s year-end FY 2021 EEO complaint data, and the data from
preceding fiscal years, in accordance with 5 C.F.R. § 724.302(a)(4) and 29 C.F.R. § 1614.705.

Analysis of EEO Complaint Trends and Causality

EEO Complaint Activity and Causality

For the last five years, the baseline number of complaints has continued to remain small, as
is reflected in Appendix I. Following attempts at resolution during EEO counseling, aggrieved
individuals filed nine formal complaints in FY 2021. The number of complaints increased from
seven formal complaints filed in FY 2020, and four in FY 2019. The slight increase in complaints
from FY 2019 may have been due to operational changes and challenges from the COVID-19
pandemic. Given the small number of complaints, there are no obvious underlying causes for the
increase in complaint activity. Potential drivers of complaint activity that may have impacted the
number of complaints filed in FY 2021 could be: deficiencies in supervisory training and

UNCLASSIFIED


UNCLASSIFIED

APPENDIX III: ODNI INSTRUCTION 30.01 —- CONDUCT,
ACCOUNTABILITY, AND DISCIPLINE, REVISION 2, 05 MARCH 2014

UNCLASSIFIED

OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
INSTRUCTION 30.01
Category 30 - Conduct, Accountability, and Discipline
Office of Primary Responsibility: Mission Support Division/Human Resources
Revision 2

SUBJECT: REVIEW OF EMPLOYEE PERFORMANCE, CONDUCT, AND
SUITABILITY

1. AUTHORITIES: ‘The National Security Act of 1947, as amended; and other
applicable provisions of law. Specifically, pursuant to 50 U.S.C. §3024(m), the Director
of National Intelligence (DNI) may exercise with respect to the personnel of the Office of
the Director of National Intelligence (ODNI) any authority of the Director of the Central

Intelligence Agency (CIA) with respect to the personnel of the CIA under the CIA Act of
1949.

a

2. REFERENCES: CIA Special Issues Handbook and C
Termination of Employment.

Regulation (AR) 4-16,

3. PURPOSE: This Instruction designates the Executive Review Board (ERB) as the
primary mechanism for reviewing and advising upon employee performance, conduct,
and suitability cases that may result in serious disciplinary actions. This Instruction does
not create any property or other interest or privilege in ODNI employment, nor does this
Instruction entitle any ODNI employee to any due process rights or in any way limit or
detract from the authority of the DNI to discipline an employee or terminate an
individual's ODNI employment, with or without the procedures set forth in this
Instruction. This Instruction replaces ODNI Instruction 3001, dated March 21, 2013

4. APPLICABILITY:

A. This Instruction applies to permanent and staff reserve (1,¢., time-limited) cadre
employees. The ERB will have purview over trial-period employees and employees who
have been certified out of trial period.

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18

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employees in ODNI facilities remain aware of their EEO rights and timelines, as well as ODNI
resources and policies to prevent harassment.

As consultants, the EEO Office provided insight to employees on federal EEO laws and
protections, including a review of the complaints process. These facilitated briefs highlighted
important topics for participants, including avenues and resources available for redress. The
discussions also included: expectations for civil treatment; defining uncivil behavior/bullying;
techniques for speaking up and seeking assistance; and the resources available for addressing
management topics, including conflict resolution, performance management, performance conduct,
and the Employee Assistance Program.

8

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employee, managers will consult with the ERO and give the employee advance notice of
the relevant issues and an opportunity to respond, as defined in Appendix B

Disciplinary Probation. Disciplinary probation is a fixed period of time, normally three
to six months, during which time an employee's performance, conduct. or security
practices will be monitored and evaluated in order to decide whether continued
employment is advisable. The appropriate Component Director or higher authority may
impose disciplinary probation. The manager imposing disciplinary probation will
document in writing the decision to impose disciplinary probation. The memorandum
will specify the duration of the period of probation and describe the specific deficiencies
In performance to he corrected, and must be acknowledged in writing by the employee.
Prior to the decision to place an employee on disciplinary probation, managers will
consult with the ERO and give the employee advance notice of the relevant issues and an
opportunity to respond, as defined in Appendix B

IL. SERIOUS DISCIPLINARY MEASURES

Suspension for More than Five Days. Suspension is a temporary enforced absence
from duty in a nonpay status. It is a disciplinary action imposed by the CMO, in
coordination with the Director/HR (D/HR) and upon the recommendation of the
Executive Review Board (ERB), for serious misconduct, repeated infractions, or for
security reasons. Suspension for more than five days may only be imposed by the CMO
upon recommendation of the ERB after consultation with the ERO and with advance
notice as outlined in Appendix B.

Reduction in Grade. Reduction in grade of GS-15 and below employees may be
imposed by the CMO, in coordination with the D/HR and upon the recommendation of
the ERB, as a disciplinary action for prolonged or more serious misconduct or
unsatisfactory job performance. Reduction in grade of GS-15 and below employees may
only be imposed by the CMO upon recommendation of the ERB after consultation with
the ERO and with advance notice as outlined in Appendix B.

Reduction in grade of Senior National Intelligence Service (SNIS) Tier | through Tier 3
employees may be imposed only by the Principal Deputy Director of National
Intelligence (PDDNI), upon recommendation of the ERB, as a disciplinary action for
misconduct or unsatisfactory job performance.

Termination of Employment. Upon recommendation from the ERB, the DNI or
designee (CMO or PDDNI, depending on grade of the employee) may terminate any
employee for violation of ODNI regulations, continued poor performance, serious
misconduct, or any of the other circumstances set forth in CIA regulation AR
recommendation of the ERB and in consultation with the ERO. The CMO ts de
authority to terminate GS-15 and below employees. The PDDNI is delegated authority to
terminate SNIS Tier | through Tier 3 employees. If the DNI deems it necessary or
advisable in the interest of the United States, the DNI may terminate the employment of
any employee without regard to the procedures set forth in this Instruction

UNCLASSIFIED

24

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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

Fiscal Year 2021 Annual Report to Congress
on the Notification and Federal Employee
Antidiscrimination and Retaliation
Act of 2002

April 2022

UNCLASSIFIED


UNCLASSIFIED

Table 4. Average Processing Time, (see 29 C.F.R. § 1614.704(f))
Fiscal Year
2016 2017 2018 2019 2020 2021

1614.704(f)(1)

All Pending 307 389 786 577 293 357
1614.704(f)(2)

—No Hearing Requested 9 159 270 163 142 55
1618. 704(6K3) 356 | 1076 | 1475 | 1241 | 444 | 842
— Hearing Requested

Table 5. Number of Complaints Dismissed Pursuant to 29 C.F.R. § 1614.107(a) and Average
Length of Time Pending Prior to Dismissal, (see 29 C.F.R. §1614.704(g))

Fiscal Year
2016 2017 2018 2019 2020 2021

Number of Complaints

2
Dismissed t 3 4 o I ~
Average Number of
Days Pending Prior to 150 73 44 0 59 57
Dismissal

Table 6. Number of Complaints Withdrawn, (see 29 C.F.R. § 1614.704(h))

Fiscal Year
2016 2017 2018 2019 2020 2021
Number of Complaints 5 >
Withdrawn ~ o = o ! 9

Table 7. Number of Final Agency Actions, (see 29 C.F.R. § 1614.704(i))

Fiscal Year
2016 2017 2018 2019 2020 2021
# # # # # #
% % % % % %

1614.704(i)(1): Total Number of 0 0 1 0 0 0
Findings of Discrimination

1614.704(i)(2): 0

— Without a Hearing o ° 0 o ° °
1614.704(i)(2) 1

— After a Hearing 0 0 100 0 0 0

11

UNCLASSIFIED


UNCLASSIFIED

Table 3. Number of Complaints by Issue, (see 29 C.F.R. § 1614.704(e))

Fiscal Year

2016

2017

2018

2019

2020

2021

Appointment/Hire

0

0

0

Assignment of Duties

Awards

Conversion to Full-Time

cloclo

ole lu

olo}u

clo|o

eSjofy

olo}— |v

Disciplinary Action

1. Demotion

- Reprimand

. Suspension

Bi fp

. Removal

5. Other

Duty Hours

Evaluation/Appraisal

Examination/Test

ol-|olojolo|olo

S[wlol—lojo|olo

elwlolololo|—lo

elolol[ololo|sl|o

eiInicl[ololo|—-lo

ol-lolololo|olo

Harassment

1. Non-Sexual

2. Sexual

Medical Examination

Pay/Overtime

Promotion/Non-Selection

wlol— lo}

= |—1o]o Joo

lH lolol}

clolcolojo

wl folo}r

SiH folol|

Reassignment

1. Denied

°

°

2. Directed

-lo

Reasonable
Accommodation

Reinstatement

Religious Accommodation

Retirement

Sex-Stereotyping

Termination

Hlol-|o|lo|o

BRIS|O|O]O, o Jolo

He lojojoloj{ o jojo

olclo|olo

vliololelo

Terms/Conditions of
Employment

ie)

is)

we

Time and Attendance

Training

Other

ol-lo

-|ololo

clolco|o

UNCLASSIFIED

10



UNCLASSIFIED

the need to ensure all employees can fairly participate in and fully contribute to the intelligence
mission.

In furtherance of the goals outlined in the 2020-2023 Joint Strategy to Advance Equal
Employment Opportunity, Diversity, and Inclusion within the United States Intelligence
Community (Joint Strategy), ODNI continued its collaborative efforts across the IC to promote
workplace equality by ensuring the right resources and trained personnel were in place to eliminate
barriers to equal access, and by swiftly responding to allegations of employment discrimination and
harassment. The EEO Office hosted IC-wide virtual trainings regarding case law and processing,
and for newly issued Executive Orders and Presidential Memorandums. These offerings represent
the EEO Office’s continued efforts to advance goal two of the Joint Strategy, Strengthen
Compliance with Laws and Eliminate Discriminatory Behavior. To this end, the EEO Office
continued to sponsor the IC EEO Compliance Support Group in FY 2021. This group serves as a
resource for IC EEO professionals to gain training, share best practices, and find solutions to
challenges in case processing within the IC. These exchanges also helped the EEO Office identify
opportunities for improvement in case management and tracking for ODNI. Since its inception, the
Support Group has: worked with the EEOC Office of Federal Operations to present case law
updates tailored to the IC; gathered and communicated common concerns and challenges; and led
other training efforts. In FY 2021, the EEO Office hosted and sponsored a multi-day training
courses presented by the EEOC and former EEOC Administrative Judges.

Improvements in the Complaint Program

During the pandemic, the EEO Office continued to process all EEO complaints in
accordance with EEOC timelines. Also during FY 2021, ODNI's investigations of formal
complaints were conducted within the time provided by EEOC’s regulations (see Appendix I,
Table 11). The EEO Office continues to increase efficiencies and ensure thorough and timely
issuance of Reports of Investigations and Final Agency Decisions. In FY 2021, the EEO Office
initiated the procurement of a technical solution for tracking and monitoring case data to improve
case management and reporting options, in accordance with the Cummings Act of 2020.

The EEO Office educates and trains managers, supervisors, and employees about: their
responsibility to maintain a workplace free of unlawful discrimination and harassment; how to
process informal and formal complaints of discrimination, in accordance with EEOC guidelines
and timeframes; and engagements with management and employee groups on the alignment of
current and proposed ODNI policies and guidance, with EEO law and compliance guidelines.

Additionally, the EEO Office continued its established working relationship with EMRO,
which is responsible for executing ODNI's anti-harassment program. In practice, the offices
maintained regular and frequent communication, as appropriate, to identify and address harassment
and bullying occurring in the workplace. The EEO Office collaborated with EMRO in efforts to
strengthen its program administration by reviewing and updating agency policies and practices.
Throughout FY 2021, the offices partnered to identify common trends in complaints and
grievances, as well as the corresponding training needs. This enabled the delivery of targeted
educational opportunities to ODNI offices with a demonstrated need for: a better understanding of
policies and practices for addressing harassment in the workplace; and for identifying and
addressing ordinary workplace friction, conflict, and disputes. These efforts ensure federal

7

UNCLASSIFIED


UNCLASSIFIED

(3) In each case, the ERB must assess any disciplinary actions it proposes in
terms of both the possible risk to national security and the employee's past contributions
and potential future value to the ODNI. As appropriate. the ERB will recommend risk
management plans to minimize the risk to classified information and to ODNI personne!
and programs that may arise from any disciplinary action

(4) The ERB will render a recommendation to the CMO as soon as pracucable

(8) The CMO will review the ERB’s recommendation, obtain legal advice from
OGC as necessary, and render a decision

(6) Following the CMO’s decision, the ERO will prepare a memorandum, for the
D/HR’s signature, that summarizes the CMO’s decision for the employee, including
appeal guidance. This memorandum will include a summary of the deadlines for the
appeals process.

F. Appeals:

(1) The D/HR will provide the CMO’s decision memorandum to the employce
within five business days of the decision.

(2) Following notification of the CMO's decision, if the employee has a night to
appeal in accordance with Appendix B, the employee will have ten business days to
forward a written appeal through the ERO to the PDDNI. Employees who do not wish to
appeal should inform the CMO, through the ERO, of that decision in writing by a letter,
facsimile, or electronic mail within ten business days of notification.

(3) If the employee appeals the CMO’s decision, implementation of the decision
will be stayed during the appeal. The employee's status during the appeal will remain
unchanged from his or her status pending the CMO’s decision. If the employee does not
appeal, the CMO’s decision will take effect immediately.

(4) The PDDNI will review the appeal documentation, including the underlying
documentation considered by the ERB, the CMO’s decision, and the employee's written
appeal, and make a final determination as soon as practicable. The D/HR will notify the
employce in writing of the decision made by the PDDNI on the appeal.

(5) Decisions made on appeal are final and not subject to further appeal

6. RESPONSIBILITIES:
A. The Chief Management Officer will

(1) Provide policy oversight

UNCLASSIFIED

21

UNCLASSIFIED


Type of

Minimum

Discipline (in Authority

ascending
order of
severity

disciplinary
Probation

Serious
Disciplinary
Actions

Suspension
“or More

Than Five
Days

eduction in

delow

SNIS
Tier 1-3

Component
Director or
higher
authority

CMO

CMO

PDDNI

UNCLASSIFIED

Reason for
Discipline

Concems with
security or

suitability, eg.

deficiency in
conduct or
performance

Serious
misconduct,
repeated
infractions, or
security issues,

Misconduct or
unsatisfactory
performance

Misconduct or
unsatisfactory
performance

UNCLASSIFIED
Minimum Prior ail Notice
Typeof Consultation to Employee
Notice to with Regarding
Employce Employee Discipline
Before Final Relations
Decision to Officer
Impose
Sanction
Written Yes Written
employee has
five business
days to
respond
Written, Yes Written
employee has
ten business
days to
respond
Written, Yes Written
employce has
ten business
days to
respond
Written, Yes Writter

employee has
ven business
days to
respond

10

UNCLASSIFIED

27

UNCLASSIFIED

Appeal
Procedures

None

May appeal
co the
Principal
Deputy
Director of
National
Intelligence
PDDNI)

May appeal
to PDDNI

May appeal
to DNI


UNCLASSIFIED

INTRODUCTION

Following the tragic events of 11 September 2001, Congress saw the need for sweeping
change in the Intelligence Community (IC), resulting in the passage of the Intelligence Reform and
Terrorism Prevention Act of 2004 (IRTPA), signed on 17 December 2004. The IRTPA created
ODNI to lead and improve information sharing across the IC, to promote a strategic and unified
direction, and to ensure integration across the IC. ODNI began operations on 22 April 2005. The
Director of National Intelligence (DNI) serves as the head of the IC, acts as the principal advisor to
the President and the National Security Council on intelligence matters related to national security,
and oversees and directs the implementation of the National Intelligence Program. In addition to
the IC-wide mission, the DNI also leads the ODNI workforce and organization.

In accordance with 29 C.F.R. § 1614.102(b)(4), the Chief of the Equal Employment
Opportunity (EEO) Office reports directly to the DNI and serves as the principal advisor on issues
related to EEO compliance. On 25 May 2021, ODNI submitted a congressional notification
stating that the EEO and IC Diversity (ICD) Office, formerly known as IC Equal Employment
Opportunity and Diversity (EEOD), reorganized into separate office EEO Office and the
IC Diversity, Equity, and Inclusion Office (DEI). The Chief of IC DEI also reports directly to the
DNI and serves as the principal advisor to the DNI on issues related to diversity, equity,
inclusion, and accessibility for the IC. Additionally, ODNI established the Diversity and
Inclusion Group (DIG), with a Chief that reports directly to the Chief Operating Officer. DIG is
responsible for executing programming and initiatives that will reinforce and enhance a diverse
and inclusive ODNI work environment.

By statute, ODNI does not fall under the whistleblower framework described in the No
FEAR Act.? Congress amended the National Security Act of 1947 to include whistleblower
protections for ODNI and other IC employees and contractors who properly disclose information
that they reasonably believe evidences certain specified types of wrongdoing, including, for
example, violations of a federal law, rule, or regulation.* Those statutory provisions are the
foundation of an IC whistleblower protection framework, which also includes Presidential Policy

2 The No FEAR Act provides for Judgment Fund reimbursement of, and annual reporting related to, proceedings
brought under (1) any provision of law prohibiting any form of discrimination under the laws interpreted by the EEOC,
and (2) the whistleblower provisions of 5 U.S.C. § 2302(b)(8) and (9). See Section 201(a) and (c) of the No R
Act. Congress expressly exempted ODNI and other IC agencies from the coverage of 5 L
employees are subject to other whistleblower protections consistent with the need to protect classified information. See
Presidential Policy Directive 19 (October 10, 2012), Protecting Whistleblowers with Access to Cla d Information;
elligence Community Directive 120 (March 20, 2014), Intelligence Community Whistleblower Protection; 50 U.

§§ 3234 and 3341(j).
3 See 50 U.S.C. § 3234, Prohibited personnel practices in the intelligence community, and 50 U.S.C. § 3341(j),
Retaliatory revocation of security clearances and access determinations. Other types of wrongdoing covered by these

statutes include mismanagement (if the whistleblower is an employee) or gross mismanagement (if the whistleblower
is a contractor); gross waste of funds; abuse of authority; a substantial and specific danger to public health or safety; or
matters of urgent concern. To obtain whistleblower protections, a whistleblower is required to make disclosures in a
manner consistent with the need to protect classified information. See also Presidential Policy Directive 19 (October
10, 2012), Protecting Whistleblowers with Access to Classified Information and Intelligence Community Directive 120
(March 20, 2014), Intelligence Community Whistleblower Protection.

UNCLASSIFIED


UNCLASSIFIED

1. Denied

2. Directed

Reasonable Accommodation

Reinstatement

Retirement

Termination

clolelolojo

sSjolojolojo

Terms/Conditions of
Employment

Time and Attendance

Training

Other

Slcolo| o jojololo|[o|o

clojolec

ol-|o

clo|o| o jojlejclolojo

elo|o| co jojolololojo

Sclojo}| o jolololololo

§ 1614.704())

Table 10. Number of Complaints Pending at Any Time during the Fiscal Year, (see 29 C.F.R.

UNCLASSIFIED

Fiscal Year
2016 2017 2018 2019 2020 2021
Total Number of Complaints
Pending for any length of time 14 16 15 11 9 15
during the FY
29 C.F.R. § 1614.704(1)(1) 4
— Number Filed before 10/1 8 16 2 7 4 5
29 C.F.R. § 1614.704(1(2)(i) 4
~ Number of Complainants B 18 P ° 4 5
29 C.F.R. § 1614.704(1)(2)(ii)
— Number Pending Investigation 10 10 4 0 o o
~ Number Pending Hearing 6 6 6 2 4 5
~ Number Pending Final Agency 0 1 0 0 0 0
Action
~— Number Pending Appeal 0 3 2 0 0 1
14



UNCLASSIFIED

APPENDIX II: ODNI DIRECTOR’S STATEMENT ON EQUAL
EMPLOYMENT OPPORTUNITY, 18 MARCH 2021

DIRECTOR OF NATIONAL INTE
WASHINGTON, Dc

Director’:

Statement on Equal Employment Opportunity

As Intelligence Community (IC) professionals. we are charged with providing unbiased
situational awareness of global threats and support our nation’s leaders in preventing emergent threats
to our nation’s security, In doing so, we have taken an oath to support and defend the Constitution of
the United States. and we must work tirelessly to defend the laws that strengthen our democratic
foundation, especially those that promote equal employment opportunity (EEO). ‘To lead a stronger IC.
we must also work together to identify policies and practices that disadvantage underserved
communities, and we must ensure equity considerations are applied. As the leader of the Of
Director of National Intelligence (ODNI) workforce. | am charging you to adhere to EEO laws and
policies and to contribute to a workplace culture of inclusion, equity. and civility.

© of the

Federal laws, regulations. and policies prohibit discrimination based on race. color, religion.
sex (including pregnancy. sexual orientation, and gender identity). national origin, age (40 and over).
mental or physical disability, and genetic information. Executive Orders safeguard against harassment
and discrimination based on parental status, Federal laws and ODNI policies prohibit retaliation for
participating in the EEO process. reporting harassment, providing information related to such
complaints, and other protected activities opposing employment discrimination.

Personnel who experience or witness discrimination, harassment, bullying, or other adverse
personal treatment should report such behavior to a manager or supervisor. the Employee Management
Relations Officer (EMRO). Office of General Counsel (OGC), or the ODNI Equal Employment
Opportunity and Intelligence Community Diversity (EEO-ICD) Olfice. To seek redress, aggrieved
individuals are required to report potential violations of these laws and policies to EEO-ICD within 45
calendar days of experiencing conduct believed to be discriminatory.

J expect to observe people-centrie leadership at all levels, trom senior leaders to first line
managers and supervisors. As DNI. | will model professionalism, empathy. and a relentless pursuit of
excellence in all that ODNI undertakes. In every way. we must hold ourselves accountable for results.
Management officials must take immediate action if they learn of harassing or inappropriate behavior.
This includes intervening to stop inappropriate behavior and referring concerned individuals to the
ay consult with OGC for legal advice. EEO-ICD
ation of either

appropriate redress office. Management officials 1
should be informed before any corrective action is taken in response to an alleg:
ion or unlawti

discrimin: harassment

Diversity. inclusion, equity, and equal employment opportunity are mission imperatives within
the IC. We see these imperatives quickly emerging as one of the top national security issues of our
time. To meet this challenge. we must invest in ourselves. the greater IC, and our strategie partners to
advance equality of opportunity.

16

UNCLASSIFIED


UNCLASSIFIED

EXECUTIVE SUMMARY

To support the Federal Government’s longstanding obligation to provide a work
environment free of discrimination and retaliation, the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), Public Law 107-174, as amended
by the Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020 (Cummings Act of
2020)!, requires annual reports to Congress on the number and severity of discrimination and
whistleblower cases brought against each federal agency. The Office of the Director of National
Intelligence (ODNI) submits this annual report in compliance with Section 203 of the No FEAR
Act, covering Fiscal Year (FY) 2021. The No FEAR Act Annual Report contains information
relating to ODNI’s Equal Employment Opportunity (EEO) complaints activity, including federal
district court cases, as well as any resulting disciplinary actions and Judgment Fund
reimbursements. The agency’s reporting obligations, contained in Title 5 Code of Federal
Regulations Part 724, have been incorporated into the ODNI No FEAR FY 2021 Year-End Data
report (Appendix 1).

As directed by Section 203, ODNI provides this report to the following individuals and
committees: the Speaker of the House of Representatives; the President Pro Tempore of the Senate;
the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on
Oversight and Government Reform of the House of Representatives; each committee of Congress
with jurisdiction relating to ODNI; the Chair of the Equal Employment Opportunity Commission
(EEOC); the Attorney General of the United States; and the Director of the Office of Personnel
Management.

' This amendment of the No FE
Act for Fiscal Year 2021, Public Law 116-
greater transparency and implementation of correcti

y 2021, which is part of the National Defense Authorization
es additional reporting and accountability measures to ensure
ctions as necessary.

a

UNCLASSIFIED


UNCLASSIFIED

UNCLASSIFIED

Il. OTHER DISCIPLINE-RELATED ADMINISTRATIVE ACTIONS

Enforced Administrative Leave. Enforced administrative leave 1s a temporary absence
from duty in a pay status, Upon written request from the Component Director or on his
own authority, the CMO may place an employee on enforced administrative eave when
it iv necessary to remove an employee immediately from ODNI premises to protect
information or for other compelling security reasons, during misconduct
tigations, or where such action may otherwise be desirable. Such action may be
aken prior to the imposition of formal disciplinary measures.

8

UNCLASSIFIED

UNCLASSIFIED


UNCLASSIFIED

Table of Contents

EXECUTIVE SUMMARY ..00....c.ccccsccscssessesseeneseesesneeneseeneeneeeneeneseseenesneceeneeneeeenesnesneneeseeneeeneenets 2
REPORTING GQBLIGATIONS -1ccsccssszcssssesoxerussensasoarssasessasorsenssssesssnsvarsseonsrersressctsscanensesesnetseacseved 4

No FEAR FY 2016 —FY 2021, Year-End Data Report ....:ssoservessossossassonssvonssnssesnsonestonnsovensessense)
Analysis of EEO Complaint Trends and Causality

APPENDIX I: ODNI EQUAL EMPLOYMENT OPPORTUNITY DATA POSTED
PURSUANT TO TITLE III OF THE NOTIFICATION AND FEDERAL EMPLOYEE

ANTIDISCRIMINATION AND RETALIATION ACT OF 2002 (NO FEAR ACT) PUB.
L. 107-174 asa daasasseaeUaSeaeeSTR TATA

APPENDIX II: ODNI DIRECTOR’S STATEMENT ON EQUAL EMPLOYMENT
OPPORTUNITY, 18 MARCH 2021

APPENDIX III: ODNI INSTRUCTION 30.01 - CONDUCT, ACCOUNTABILITY, AND
DISCIPLINE, REVISION 2, 05 MARCH 2014 _ sovamesesaseareT 18

UNCLASSIFIED


UNCLASSIFIED

UNCLASSIFIED
Type of Minimam = Reasonfor = Minimum Prior Final Notice Appeal
Discipline (in Authority Discipline Typeof Consultation to Employer Procedures
ascending Notice te with Regarding
order of Employee Employee Discipline
severity: Before Final Relations
Decision to Officer
Impose
Sanction
Perpination
af
Employment
GS-1S and CMO Violation of — Weitea, Yes Written May appeal
aelow Agency to PDDNI
regulations, ten business
continued poor days to
performence. respond
serious
musconduct, oF
any other
circumstances
set forth in CTA
repulation AR 4
6
SNIS Tier 1-3 PDDNI Same us above Written, y Wniten May appew!
employee has to DNI

ten business:

Termination — [f the DNI

of deems it

smploy ment

without

SERNA IS he interest

, of the United

sutlined in .

instruction States, the

30.01 DNI may
terminate the
employment
of any
employee
without
regard to the
procedures
set forth in
this
Tastruction.

i

UNCLASSIFIED.

28

UNCLASSIFIED


UNCLASSIFIED

Table 8. Number of Final Actions Involving a Finding of Discrimination by Basis, (see 29
C.F.R. § 1614.704(j))

Fiscal Year
2016 2017 2018 2019 2020 2021

* Rendered without ahearing | # # # # # #

** Rendered after a hearing % % % % % %
Total Number of Findings of 0 0 1 0 0 0
Discrimination

1

R
ace 0 0 100 0 0 0
1, American Indian/Alaskan 0
Native 0 0 0 ° ° °
2. Asian/Pacific Islander 0 0 | 100 0 0 0
3. Black 0 0 [2] o 0 0
4. White 0 0 [2] 0 0 0
5. Two or More Races 0 0 y 0 0 0 0
0
Color 0 0 0 0 0 0
se 0
Religion 0 0 0 0 0 0
oe 1

Retaliation 0 0 100 0 0 0

Sex 0 0 y 0 0 0

0

0

1. Female 0 0 0 0 0 0
0

2. Male 0 0 0 0 0 0
os 0

National Origin 0 0 0 0 0 0
oe 0

1. Hispanic 0 0 0 0 0 0
0

2. Other 0 0 0 0 0 0
0

Equal Pay Act 0 0 0 0 0 0

12

UNCLASSIFIED


UNCLASSIFIED

Table 11. Number of Complaints Pending at Any Time during the Fiscal Year that Exceeded
the Authorized Investigation Timeframe, (see 29 C.F.R. § 1614.704(m))

Fiscal Year

2016 2017 2018 2019 2020 2021

Number of Pending Complaints
that Exceeded the Investigation
Time Authorized by 29 C.F.R. 0 0 0 0 0 0
§1614.106(e)(2), including
extensions

Number of Pending Complaints
that Exceeded the Investigation
Time Authorized by 29 C.F.R.
§1614.108(e)

15

UNCLASSIFIED