AR 13-7 (U) REPORTING ALLEGED MISCONDUCT OR WRONGDOING BY CURRENT OR FORMER D/CIAS OR DD/CIAS

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 01509121
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: October 23, 2023
• Document Release Date: September 28, 2023
• Case Number: F-2011-01300
• Publication Date: August 7, 2002

Approved for Release: 2023/09/28 C01509121
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Date: 08/07/2002
Category: 13 - Conduct; Accountability and Discipline
OPR: OGC
Title: AR 13-7 (U) REPORTING ALLEGED MISCONDUCT OR
WRONGDOING BY CURRENT OR FORMER D/CIAs OR DD/CIAs
CL BY:
(b)(3)
CL REASON: , DECL ON: , DRV FROM:
SUMMARY: 7 August 2002 (0708)
AR 13-7 is added to the regulatory system to prescribe policy and procedures for CIA (including 0/0/CIA)
personnel to report alleged misconduct or wrongdoing by a current or former D/CIA or DD/CIA; and the
regulation is placed under a new regulatory series entitled, Conduct, Accountability, and Discipline. Information
formerly contained in AN 7-1-37 (Reporting Alleged Misconduct or Wrongdoing by Current or Former D/ClAs or
DD/CIAs) has been incorporated into this new regulation.
AN 7-1-37 is hereby rescinded.
Because this regulation is new, boldfaced text has not been used.
This revision was written by the Office of General Counsel,
(b)(3)
(secure).
7. REPORTING ALLEGED MISCONDUCT OR WRONGDOING BY CURRENT OR
FORMER D/CIAs OR DD/CIAs
SYNOPSIS. This regulation prescribes policy and procedures for CIA (including
0/D/CIA) personnel to report alleged misconduct or wrongdoing by a current or
former D/CIA or DD/CIA.
a. AUTHORITY. 50 U.S.C. � 403q(d)(3); DCI Directive 2/13P.
b. GENERAL
(1) In order to preserve Presidential, Congressional, and public confidence and trust in the
administration and activities of the CIA and the Office of the D/CIA (0/D/CIA), any
allegations of misconduct or wrongdoing against a current or former Director of the
Central Intelligence Agency (D/CIA) or Deputy Director of the Central Intelligence
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Agency (DD/CIA)--including a current or former acting D/CIA or DD/CIA--must be
investigated fully, swiftly, and impartially. There must be neither the actuality nor the
appearance of favoritism, special treatment, or improper command influence in the
handling of such allegations.
(2) The procedures in this regulation are designed to ensure that alleged misconduct or
wrongdoing by any current or former D/CIA or DD/CIA is investigated and handled in a
manner that is legal, efficient, effective, respectful of individuals' rights, and insulated
against either the actuality or the appearance of preferential or special treatment based on
rank or status. Questions regarding these procedures should be directed to the Assistant
Inspector General for Investigations or the Deputy General Counsel.
c. PROCEDURES FOR INSPECTOR GENERAL REVIEW OF ALLEGATIONS
(1) Any information, allegation, or complaint (hereafter, allegation) of misconduct or
wrongdoing by a current or former D/CIA, or current or former DD/CIA, shall be
referred directly and immediately to the Inspector General (IG) of the Central
Intelligence Agency. The IG will promptly conduct an initial review to determine if a
formal investigation should be opened. Agency personnel and components have the
same obligation to cooperate with such reviews and investigations as with any other
inquiry or investigation undertaken by the IG pursuant to section 17(e) of the CIA Act of
1949.
(2) If the IG's initial review determines that there is no reasonable basis for the allegation, or
that the alleged conduct, even if proven to have occurred, would not violate any
applicable law, Executive branch directive, regulation, or standard of conduct, the IG
will close its consideration of the matter and notify the person who brought the
allegation.
If the IG's initial review determines that there is a reasonable basis for the allegation and
that the alleged conduct, if proven to have occurred, would violate an applicable law,
Executive branch directive, regulation, or standard of conduct, the IG shall immediately
open a formal investigation of the allegation and immediately notify the congressional
intelligence committees.
d. NOTIFICATION AND REPORTING REQUIREMENTS
(3)
(1)
In cases where the IG opens a formal investigation, and a violation of federal criminal
law is reasonably believed to have occurred, the IG shall report the matter to the
Attorney General (AG) or the AG's designee within the Department of Justice (DoJ).
The IG will not be required to provide a copy of such reports to the D/CIA (or to the
DD/CIA) when the D/CIA is the subject of the report to DoJ, but will provide a copy to
the D/CIA if the DD/CIA (or a former D/CIA or DD/CIA) is the subject of the report.
(2) Section 17(d)(3) of the CIA Act of 1949 (50 U.S.C. � 403q(d)(3)), as amended by section
403 of the Intelligence Authorization Act for Fiscal Year 2001, provides that the IG shall
immediately notify and submit a report to the congressional intelligence committees
whenever (among other circumstances): an IG investigation, audit, or inspection focuses
on any current or former D/CIA or DD/CIA; a matter requires a report by the IG to DoJ
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In cases where a violation of federal criminal law is reasonably believed to have
occurred, the IG shall coordinate with DoJ to determine the nature, scope, and timing of
further reports to the intelligence committees. In such instances, the IG, to the extent
consistent with the IG's statutory responsibilities, will follow as guidance paragraphs
2(a)-(b) of DCI Directive 2/13P, "Communications with Congressional Committees
Regarding Intelligence Information Related to Law Enforcement Matters" (7 November
1995).
(4) As a rule, the IG will promptly notify the General Counsel, the Director of Congressional
Affairs, and--as the IG may deem necessary or appropriate--other CIA (including
0/D/CIA) officials, of all cases where: an investigation, audit, or inspection focuses on
a current or former D/CIA or DD/CIA; a matter requires an IG report to DoJ on possible
criminal conduct by a current or former D/CIA or DD/CIA; or the IG receives notice
from DoJ declining or approving prosecution of a current or former D/CIA or DD/CIA.
In addition, the IG, to the extent required by law or Executive order, shall report such
cases to the Intelligence Oversight Board of the President's Foreign Intelligence
Advisory Board. The IG, however, will not provide notice of or report such cases to any
CIA (including 0/D/CIA) or other Executive Branch official who is or reasonably
appears to be implicated in the alleged misconduct or wrongdoing, except as and when
legally required or appropriate.
This notice does not affect the Agency's obligation under section 811(c) of the
Counterintelligence and Security Enhancements Act of 1994 (title VIII of the
Intelligence Authorization Act for Fiscal Year 1995, Public Law 103-359), to
immediately inform the FBI of any information that indicates that classified information
is being, or may have been, disclosed in an unauthorized manner to a foreign power or
an agent of a foreign power.
e. PROCEDURE FOR EMPLOYEES TO REPORT ALLEGATIONS. Agency personnel
who wish to personally report allegations of current or former D/CIA or DD/CIA misconduct
or wrongdoing to the Congress may do so subject to and in accordance with the rules and
procedures for employee communications with Congress under existing law and Agency
regulations, and shall obtain and comply with direction and guidance provided under those
rules and procedures. (Referenced in the most current policy entitled, Employee
Communications with Congress.)
on possible criminal conduct by a current or former D/CIA or DD/CIA; or the IG
receives notice from DoJ declining or approving prosecution of a current or former
D/CIA or DD/CIA.
(3)
(5)
/s/
George J. Tenet
Director of Central Intelligence
ADMINIS1 KA i Ait - I
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