ISSUANCE

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06467595
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 4
• Document Creation Date: March 8, 2023
• Document Release Date: August 16, 2019
• Case Number: F-2009-00490
• Publication Date: January 20, 2006

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Issuance
Issuance Text:
SUMMARY: 20 January 2006
� is added to the regulatory system. This regulation sets forth the procedures to be followed in
the reporting of urgent concerns to Congress by employees of the CIA and incorporates policy formerly
contained in AN 7-2-1.
AN 7-2-1 is hereby rescinded.
Because this regulation is new, boldfaced text has not been used.
This regulation was written by the Office of General Counsel,
20. (U) EMPLOYEE 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 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.
b. jaHrij DEFINITIONS
(1) "Employee" means a staff or contract employee of CIA, but does not include independent
contractors or employees of industrial contractors.
(2) "Designated official" means the Deputy Director of Congressional Affairs, the Managing
Associate General Counsel, and the Assistant Inspector General for Investigations.
(3) The term "urgent concern" means:
(a) a serious or flagrant problem, abuse, violation of law or Executive Order, or
deficiency relating to the funding, administration, or operations of an intelligence
activity involving classified information;
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(b) any false statement made to Congress, or willful withholding from Congress, on an
issue of material fact; or
(c) an action constituting reprisal or threat of reprisal in response to an employee
reporting an urgent concern pursuant to this regulation
C. L41.1.144rEMPLOYEE PROCEDURES
(1) 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) 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. 1,41.WerCLASSIFIED INFORMATION
(1) 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 Select Committee on
Intelligence (SSCI), and the report shall be made in accordance with appropriate security
practices. 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) 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. The reporting of such
information to congress does not constitute public disclosure of that information.
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(3) 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 DICTA 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 DICTA
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. (*Weir 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 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
Office of Congressional Affairs (OCA) or the Office of General Counsel (OGC), the identity
of the employee who has requested confidentiality will only be disclosed to those in OCA or
OGC 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. ISI1i44)- REFERRAL PROCEDURES
(1) When a report of an urgent concern is made through the OCA or OGC, 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) 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 receiving an urgent concern, 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 DICTA, with appropriate comments, to the
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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, in accordance with direction
provided through the Inspector General in coordination with the Director of OCA (subject
to the D/CIA's ability to prevent a disclosure that would jeopardize vital national security,
law enforcement or foreign affairs interests). 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.
LA-143fr EMPLOYEE RESPONSIBILITIES. Employees who follow these procedures for
reporting urgent concerns to Congress will not be subject to serious disciplinary action,
admonishment, or reprimand 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. Employees who violate the
reporting procedures contained in this regulation may be subject to the discipline as outlined
in I. 13-3_1
h. ea' METHOD OF COMMUNICATION
(1) Any questions regarding these procedures for reporting urgent concerns to Congress
should be directed to a designated official.
2) Replies from the designated official will be marked/
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