AR 7-2 REPORTING OF INTELLIGENCE ACTIVITIES TO CONGRESS

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06235335
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 6
• Document Creation Date: March 9, 2023
• Document Release Date: January 5, 2021
• Case Number: F-2011-01517
• Publication Date: March 27, 1996

Approved for Release: 2020/03/16 C06235335
ADMINISTRATIVE - INTERNAL USE ONLY
Date: 03/27/96 (Regulations may contain various dates)
Category: 7 - Management OPR: OCA
Title: AR 7-2 REPORTING OF INTELLIGENCE ACTIVITES TO
CONGRESS
2. REPORTING OF INTELLIGENCE ACTIVITIES TO CONGRESS
SYNOPSIS. This regulation provides guidelines on the obligation to notify the
Intelligence Committees of CIA intelligence activities pursuant to the National
Security Act of 1947, as amended.
a. AUTHORITY. These guidelines are issued pursuant to sections 501 and 502 of the
National Security Act of 1947, as amended (the "Act"), to assist the Director of the Central
Intelligence Agency (D/CIA) in keeping the Congressional intelligence committees fully and
currently informed of all intelligence activities, including "significant anticipated intelligence
activities" and "significant intelligence failures," and to assist the President in fulfilling the
obligation to report illegal intelligence activities to the Congressional intelligence
committees.
b. GENERAL
(1) The DCI shall carry out his or her statutory obligations to notify the Congressional
intelligence committees in the manner specified in these guidelines.
(2) These guidelines establish a means of identifying matters which the Office of General
Counsel (OGC) and the Office of Congressional Affairs (OCA) must consider reporting
to the Congressional intelligence committees under sections 501 and 502 of the Act; they
do not constitute a comprehensive list of what must actually be reported to those
committees.
(3) These guidelines are intended to serve as the sole authoritative guidance on what may
constitute a "significant anticipated intelligence activity" or a "significant intelligence
failure" under the Act. They also provide authoritative guidance concerning the
obligation to keep the intelligence committees fully and currently informed of all
intelligence activities and to report illegal intelligence activities.
c. INITIAL REPORTING AND REVIEW PROCEDURES
Approved for Release: 2020/03/16 C06235335
Approved for Release: 2020/03/16 C06235335
(1) All Deputy Directors and Heads of Independent Offices have a continuing responsibility
to ensure that every proposed or ongoing intelligence activity which could fall under
these guidelines is promptly reported by their respective components to OCA either
directly or through OGC as outlined below.
(2) An Agency component may satisfy its Congressional reporting responsibilities by
referring a matter directly to OCA, rather than through OGC, if the matter is not
considered a significant anticipated intelligence activity, a significant intelligence failure,
or an illegal intelligence activity under these guidelines. Matters other than these three
specific categories will normally involve notifications pursuant to the requirement to
keep the intelligence committees fully and currently informed of all intelligence
activities.
(3) All matters considered a significant anticipated intelligence activity, a significant
intelligence failure or an illegal intelligence activity must be reported to OCA only
through OGC. In addition, as a general rule, Deputy Directors and Heads of Independent
Offices will be expected to refer to OGC for consideration any proposed intelligence
activity or failed intelligence activity that is, in their judgment, extraordinarily sensitive,
unprecedented, or highly unusual in nature.
(4) OGC shall review all such submissions and is responsible for determining whether, as a
matter of law, any matter submitted qualifies as a significant anticipated intelligence
activity, a significant intelligence failure, an illegal intelligence activity, or is otherwise
reportable under the Act.
(5) OGC shall report the matters it has determined are reportable under these guidelines,
together with the materials on which each such determination is based, to OCA.
(6) OCA shall report matters OGC has determined to be reportable. In addition, OCA shall
review the materials OGC forwards with its reportability determinations. In consultation
with OGC and the affected Agency component, OCA will determine whether any
additional matters reflected in those materials should, for policy reasons under the
prevailing circumstances, be notified to the Congressional intelligence committees
pursuant to these guidelines. OCA shall report all such matters, including all pertinent
details, to the Congressional intelligence committees in a manner consistent with the
DCIs obligation to protect sensitive intelligence sources and methods or other
exceptionally sensitive matters from unauthorized disclosure.
(7) Prior to notifying the Congressional intelligence committees, or in exigent circumstances
promptly thereafter, OCA shall ensure that the DCI, the Deputy Director of the Central
Intelligence Agency, and the Executive Director are made aware of all such reportable
activities.
Approved for Release: 2020/03/16 C06235335
Approved for Release: 2020/03/16 C06235335
Approved for Release: 2020/03/16 C06235335
Approved for Release: 2020/03/16 C06235335
f. NOTIFICATION OF ILLEGAL INTELLIGENCE ACTIVITIES. To assist the
President in meeting the obligation to report illegal intelligence activities to the
Congressional intelligence committees pursuant to section 501 of the Act, the D/CIA is
responsible for reporting CIA activities involving probable illegality. Internal reports on CIA
activities involving potential illegality should be made in the manner outlined in paragraph c,
above. OGC will apply the following guidelines in determining whether, how, and when to
report a CIA activity involving possible illegality to the Congressional intelligence
committees:
Approved for Release: 2020/03/16 C06235335
Approved for Release: 2020/03/16 C06235335
(1) Any intelligence activity believed to be a probable violation of the U.S. Constitution, a
U.S. statute, or an Executive order (including Executive Order 12333 and its
implementing procedures) will be considered an "illegal intelligence activity" which will
be reported promptly to the Congressional intelligence committees; and
(2) A potentially illegal intelligence activity need not be reported to the Congressional
intelligence committees until a preliminary internal review has confirmed that a probable
violation of law (as described in paragraph f(1) above), has occurred.
g.
OBLIGATION TO KEEP CONGRESSIONAL INTELLIGENCE COMMITTEES
FULLY AND CURRENTLY INFORMED
(1) The CIA will seek scrupulously to meet the obligation to keep the Congressional
intelligence committees fully and currently informed of all intelligence activities beyond
and apart from activities otherwise reportable under the above guidelines. This
obligation requires, at a minimum, that CIA keep the Congressional intelligence
committees informed of all major intelligence policies and activities on a timely basis,
and that CIA provide the information requested by those committees in order to conduct
their business.
(2) Specific circumstances requiring reporting of CIA intelligence activities, which are not
otherwise reportable under these guidelines, to the Congressional intelligence committees
under the "fully and currently informed" standard fall into three general categories:
(a) Particular intelligence activities or categories of activities as to which either of the
Congressional intelligence committees has expressed a continuing interest (for
example, potentially serious violations of U.S. criminal law by Agency employees,
sources, or contacts);
(b) Information relating to the continuation of intelligence activities or the resolution of
matters previously reported under these guidelines; and
(c) Particular intelligence activities which are not otherwise reportable under these
guidelines, but which are, for whatever reason, expected to appear in the public media
other than as a result of official dissemination by CIAs Public Affairs Staff.
(3) These provisions on the obligation to keep the Congressional intelligence committees
fully and currently informed of all intelligence activities are intended to promote
compliance with sections 501 and 502 of the Act. They should not be understood to
limit, derogate from, or in any other way affect compliance with the reporting obligations
contained in any other statutory provisions applicable to CIA.
h. INTERPRETATION
(1) Responsibility for Interpretation. Questions regarding the proper interpretation or
application of these guidelines shall be referred to OGC. OGCs determination shall be
Approved for Release: 2020/03/16 C06235335
Approved for Release: 2020/03/16 C06235335
conclusive as to the scope of the D/CIA's legal obligation to keep the Congressional
intelligence committees fully and currently informed of all intelligence activities,
including notification of significant anticipated intelligence activities, significant
intelligence failures, and illegal intelligence activities pursuant to these guidelines.
(2) Interpretive Policy. The obligations outlined in these guidelines must be interpreted
broadly in light of the D/CIA's overall statutory obligation to keep the Congressional
intelligence committees fully and currently informed of all intelligence activities.
Accordingly, when it is unclear under these guidelines whether a particular matter should
be referred to OGC for possible reporting to the Congressional intelligence committees,
OGC should be consulted.
Approved for Release: 2020/03/16 C06235335