AR 7-20 EMPLOYEE AND CONTRACTOR COMMUNICATIONS WITH CONGRESS
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
06467492
Release Decision:
RIPPUB
Original Classification:
U
Document Page Count:
5
Document Creation Date:
March 8, 2023
Document Release Date:
August 16, 2019
Sequence Number:
Case Number:
F-2010-00073
Publication Date:
March 19, 2009
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Body:
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cetrz6_,�
Date: 03/19/2009
Category: 7 - Management OPR: OGC
Title: AR 7-20 (U) EMPLOYEE AND CONTRACTOR
COMMUNICATIONS WITH CONGRESS
REVISION SUMMARY: 19 March 2009
(U) This regulation supersedes AR 7-20, dated 20 January 2006.
(UllAfFej AR 7-20 is revised primarily to bring contractors within its purview,
consistent with 50 U.S.C. � 403q(d)(5)(A). It also makes clear that detailees may
invoke these procedures to receive the same whistleblower protections as Agency
employees and contractors. The definition of "urgent concern" is also narrowed
slightly, consistent with 50 U.S.C. � 403q(d)(5)(G)(II) Finally, the Managing
Associate General Counsel is removed from the list of Designated Officials. This
issuance was approved by the Associate Deputy Director on 19 March 2009.
(U) Boldfaced text in this regulation indicates revisions.
This regulation was written by the Office of General Counsel,
secure).
20. (U) EMPLOYEE AND CONTRACTOR COMMUNICATIONS WITH
CONGRESS
(U) SYNOPSIS. This regulation sets forth the procedures to be
followed in the reporting of urgent concerns to Congress by employees
of the CIA. This regulation ensures that employees, contractors, and
detailees have a mechanism to securely report to Congress urgent
concerns, consistent with the Agency's legal obligations to protect vital
national security, law enforcement or foreign affairs interests.
a. (U) AUTHORITY. The authority for this regulation is contained in Section 17 of
the Central Intelligence Agency Act of 1949, 50 U.S.C. 403q, as amended.
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b. (U) DEFINITIONS
(1) (UHAWS) For purposes of this regulation, "employee" means a staff or
contract employee of CIA, an independent contractor of CIA, an employee of
an industrial contractor of CIA or a detailee to CIA from another agency.
(2) (U) "Designated official" means the Deputy Director of Congressional Affairs,
and the Assistant Inspector General for Investigations.
(3) (U) The term "urgent concern" means:
(a) (UHAILle) 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 involving classified information;
(b) (U/Llantel any false statement made to Congress, or willful withholding from
Congress, on an issue of material fact relating to the funding,
administration, or operation of an intelligence activity; or
(c) (U) an action constituting reprisal or threat of reprisal in response to an
employee reporting an urgent concern pursuant to this regulation.
c. (U) EMPLOYEE PROCEDURES
(1) (U) Employees who wish to report an urgent concern to Congress may do so by
contacting designated officials. Employees shall furnish one of these designated
officials with a written or oral statement describing the urgent concern they intend
to communicate to Congress. Preparation of a written statement must be
consistent with security requirements. These designated officials shall ensure that
the employee is provided with instructions for reporting the matter to Congress.
These designated officials, in appropriate consultation with other Agency
officials, shall also ensure that a determination is made as to whether the
information the employee wants to report to Congress is classified.
(2) (U) If the employee wishes to report information to Congress that does not qualify
as an "urgent concern," the employee may do so by contacting the Office of
Congressional Affairs (OCA). OCA will handle the request to brief Congress in
accordance with the procedures set forth in this Agency regulation.
d. (U) CLASSIFIED INFORMATION
(1) (U//a5) If the information related to the urgent concern is classified, or if the
employee making the report is under cover, the information may only be reported
to the House Permanent Select Committee on Intelligence (HPSCI) or the Senate
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Select Committee on Intelligence (SSCI), and the report shall be made in
accordance with appropriate security practices and the procedures set forth in
this regulation. Employees may be authorized to send classified written
communications through the designated officials to the Intelligence Committees,
or they may be authorized by the designated official to speak directly to Members
or appropriately cleared staff of the Intelligence Committees without a CIA
representative present. In certain instances, the employee may be advised that the
communication must be limited to particular staffers cleared for the information
or to the Chairman/Ranking Minority Member of the HPSCI or the
Chairman/Vice Chairman of the SSCI. Employees are reminded that the
reporting of classified information under these rules and procedures does not
constitute public disclosure or declassification of that information.
(2) (U/M-1171:7) If the information related to the urgent concern is not classified or
otherwise privileged, and the employee is overt, the information related to the
urgent concern may be reported to the HPSCI or SSCI, to the employee's
congressional representatives, to any other Member or Committee of Congress, or
to all of the above, according to the procedures set forth in this regulation.
The reporting of such information to Congress does not constitute public
disclosure of that information.
(3) (U//a) The Agency will not, except in rare circumstances, restrict the passage
of information related to an urgent concern. Only the Director of the Central
Intelligence Agency (D/CIA) may prevent an employee from disclosing an urgent
concern to Congress and only if such a disclosure would jeopardize vital national
security, law enforcement or foreign affairs interests. The designated officials
shall bring to the D/CIA's attention urgent concerns that may in their judgment
implicate vital national security, law enforcement or foreign affairs interests so
that the D/CIA can make a determination on whether the urgent concern can be
reported to the Congress. If the D/CIA prevents the disclosure of an urgent
concern to Congress, he will promptly inform the Intelligence Committees of the
exercise of that authority. The D/CIA thereafter will conduct a periodic review of
the determination to prevent a disclosure of an urgent concern to confirm whether
the factors justifying that determination continue to pertain. The D/CIA will
allow the employee to report the urgent concern to Congress as soon as it is no
longer necessary to prevent such disclosure to protect vital national security, law
enforcement or foreign affairs interests. The D/CIA may consult with appropriate
senior officials in the Executive Branch prior to making a determination to
prevent the disclosure of an urgent concern on grounds that it would jeopardize
vital law enforcement, national security or foreign affairs interests.
e. (U//A445.0) EMPLOYEE CONFIDENTIALITY. Employees who seek to report
urgent concerns to Congress may request confidentiality. If the report is made
through the Inspector General, the Inspector General has a duty under law not to
disclose the identity of the employee who made the report without the consent of the
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employee unless the Inspector General determines that such disclosure is unavoidable
during the course of an investigation or the disclosure is made to an official of the
Department of Justice responsible for determining whether a prosecution should be
undertaken. If the report is made through the OCA, the identity of the employee who
has requested confidentiality will only be disclosed to those in OCA who have a need
to know, to the D/CIA or DD/CIA, to the Inspector General, or to senior officials at
another Government agency that have a need to know the identity of the employee in
the performance of an official function.
f. (U) REFERRAL PROCEDURES
(1) (U//44-416) When a report of an urgent concern is made through the OCA, the
report will be referred to the Inspector General for review. A report of an urgent
concern to Congress that is referred to the Inspector General in this manner shall
not be delayed because the Inspector General has not completed that review.
(2) (11//6;140) Under section 17(d)(5) of the Central Intelligence Agency Act of
1949 (50 USC 403q(d)(5)), the Inspector General has a legal obligation to
evaluate urgent concerns received from employees who intend to report such
matters to Congress and, within fourteen calendar days after the Inspector
General receives an urgent concern, the Inspector General shall report to the
D/CIA concerning whether the Inspector General has determined the urgent
concern to be credible. This report will be transmitted by the D/CIA, with
appropriate comments, to the HPSCI and SSCI within seven calendar days. If the
Inspector General determines the matter is not credible, or does not transmit the
report in an accurate form within the fourteen day period, the employee may
report the matter to the Congress, by contacting either or both of the intelligence
committees directly as follows:
(a) (U//4.444e) before contacting the committees, provide the Inspector
General with a statement of the complaint or information to be conveyed,
along with a notice of intent to contact the committees directly; and
(b) (13//411:511) seek and follow guidance from the Inspector General on how
to contact the committees in accordance with appropriate security
practices. The Inspector General will coordinate with the D/OCA, and
the report will be drafted consistent with the D/CIA's obligation to
prevent a disclosure that would jeopardize vital national security, law
enforcement, or foreign affairs interests.
(3) (U/444176) An employee who reports an urgent concern under this regulation
shall be notified by the Inspector General of each action taken with respect to the
report, and such notification will be provided not later than three days after the
action is taken.
g. (U/taetli) EMPLOYEE RESPONSIBILITIES Employees who follow these
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procedures for reporting urgent concerns to Congress will not be subject to serious
disciplinary action, admonishment, reprimand, or adverse contractual action for
making such reports. Management will not take or threaten to take an adverse action,
or withhold or threaten to withhold a favorable action, as a result of an employee
making or preparing to make a disclosure of an urgent concern to Congress in
compliance with these procedures. The only exception to this prohibition is if a
determination is made that the report of the urgent concern was made with the
knowledge that it was false or with willful disregard for its truth or falsity. Staff
employees who violate the reporting procedures contained in this regulation may be
subject to the discipline as outlined in AR 13-3.
h. (U) METHOD OF COMMUNICATION
(1) X Any questions regarding these procedures for reporting urgent concerns to
Congress should be directed to a designated official.
(2) (U11.41;Eit7 Replies from the designated official will be marked
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