The U.S. Court of Appeals for the Federal Circuit recently issued a decision that
recognizes appeal rights under section 2302(a)(2)(c)(ii) of the Whistleblower Protection
Act (WPA) for employees working in agencies that have not been expressly determined by
the President to be an executive agency or unit whose principal function is the conduct
of foreign intelligence or counterintelligence activities. In Czarkowski v. Merit
Systems Protection Board, No. 03-3300 (Fed. Cir. Nov. 8, 2004), the court found that
President, or his lawful designee, had not made an actual determination expressly naming
the Navy
