LETTER TO AL CUMMING FROM JOHN H. MOSEMAN

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06467592
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 14
• Document Creation Date: March 8, 2023
• Document Release Date: August 16, 2019
• Case Number: F-2009-00490
• Publication Date: March 17, 2000

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Central Intelligence Agency
(CA
Washington, D.C. 20505
17 March 2000
Mr. Al Cumming
Minority Staff Director
Select Committee on Intelligence
United States Senate
Washington, D.C. 20510
Dear Al:
(U) Pursuant to Peter Flory's request, this letter
formally transmits my Memorandum for the Record dated 9 June
1998; a copy of Agency Regulation AR 7-2 (dated 27 March
1996), entitled "Reporting of Intelligence Activities to
Congress"; and a CD-Rom on congressional notification. I
also included the Director of Central Intelligence Directive
on "Communications with Congressional Committees Regarding
Intelligence Information Related to Law Enforcement Matters"
(7 November 1995) for your information.
(U) Mr. Flory also asked whether my office is provided
with copies of/
(U) Please direct any questions the Committee may have
on this matter to of my staff at
An original of this letter is also being sent to
Staff Director Rostow.
Enclosures
Sincerely,
John H seman
Director of gressional Affairs
UNCLASSIFIED When Separated
from Enclosures
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Onal buthigence Agency
Washiagtot D.C. 20505
17 March 2000
Mr. Nicholas Rostow
Staff Director
Select Committee on Intelligence
United States Senate
Washington, D.C. 20510
Dear Nick:
(U) Pursuant to Peter Flory's request, this letter
formally transmits my Memorandum for the Record dated 9 June
1998; a copy of Agency Regulation AR 7-2 (dated 27 March
1996), entitled "Reporting of Intelligence Activities to
Congress"; and a CD-Rom on congressional notification. I
also included the Director of Central Intelligence Directive
on "Communications with Congressional Committees Regarding
Intelligence Information Related to Law Enforcement Matters"
(7 November 1995) for your information.
(U) Mr. Flory also asked whether my office is provided
with copies of/
(U) Please direct any questions the Committee may have
on this matter to of my staff at
An original of this letter is also being sent to
Minority Staff Director Cumming.
Enclosures
Sincere
John
oseman
Director of gressional Affairs
UNCLASSIFIED When Separated
from Enclosures
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COM' Irina IAC
9 June 1998
MEMORANDUM FOR THE RECORD
SUBJECT: Sensitive Notification of Pending Office of
Inspector General Investigation
On 2 June 1998, the DCI provided to Rep. Porter Goss
the attached document, which the Congressman read and
returned to the DCI.
Also on 2 June 1998, the DCI appeared before the SSCI
at a formal hearing. His intention was to discuss the
information in the attached document with Sens. Shelby and
Kerrey after the hearing. However, D/OCA, realizing that
Sen. Kerrey would leave the hearing prior to its conclusion,
consulted with Staff Director Chris Straub and asked that
Straub pass the attached document to Sen. Kerrey. That was
done during the hearing and Sen. Kerrey returned the
document to D/OCA via Straub.
Later in the hearing, D/OCA asked SSCI Security Officer
to ask Staff Director Taylor Lawrence to provide
the attached document to Sen. Shelby. Prior to that
request, D/OCA wrote "Eyes Only Sen. Shelby, Sen. Kerrey" as
it was being passed to Taylor Lawrence. Lawrence, however,
opened the document, looked at it, and handed it to Sen.
Shelby who read it during the hearing. Sen. Shelby returned
it to Lawrence who again opened it and read it. Lawrence
then passed it to Staff Director Straub. Straub approached
D/OCA and asked if he could read it. Because Lawrence had
read it, D/OCA determined that Straub should also read it.
He did so and returned it to D/OCA.
Towards the end of the hearing, Lawrence asked to meet
in the private anteroom with D/OCA. He asked D/OCA whether
the material noted in the attached memorandum was above the
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SUBJECT: Sensitive Notification of Pending Office of
Inspector General Investigation
SECRET level. D/OCA-indicated that he was not familiar with
the facts but understood the material was above the SECRET
level and that Internet connectivity was involved.
On 3 June 1998, during the course of a formal hearing
with the HPSCI, D/OCA conferred with COS/DCI
about showing the document to HPSCI Staff Directors John
Millis and Mike Sheehy. D/OCA indicated that the normal
practice is for Staff Directors of both committees to be
equally informed. In addition, Staff Directors frequently
discuss items and D/OCA did not want the HPSCI Staff
Directors to learn about this matter through conversations
with the SSCI Staff Directors. Therefore, he decided to
permit the HPSCI Staff Directors to read the documents.
D/OCA asked Staff Director Millis to read the document in
the HPSCI conference room. He did so and returned it
without comment. D/OCA then asked Staff Directors Sheehy to
do the same and he read the document and returned it to
D/OCA. Sheehy asked a number of questions about
administrative handling of this matter versus investigation
and D/OCA did not have answers to his questions. D/OCA then
asked Staff Director Sheehy to show the document to Rep.
Dicks during the hearing. That was accomplished and the
document was returned to D/OCA.
In sum, the following persons have read the attached
document: Sen. Shelby, Sen. Kerrey, SSCI Staff Directors
Lawrence and Straub, Rep. Goss, Rep. Dicks, and HPSCI Staff
Directors Millis and Sheehy.
Jo&s1oseman
Director of congressional Affairs
Enclosure
3/1/99: Copy provided to OIG
D/OCA/JHMoseman
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June 2, 1998
� Talking Points Re: OIG Investigation
10/4-1�Jr-C47--;;;;OIG has asked that I notify you of a pending criminal
investigation regarding former Director John Deutch. DoJ
has concurred in this notification.
* On March 10, 1998, the Office of Inspector General (OIG)
opened an investigation concerning a possible violation of
18 U.S.C. S1924, a misdemeanor, by former Director John M.
Deutch. OIG is also investigating the facts and
circumstances surrounding the manner in which the matter was
originally handled by CIA officials.
* At issue are classified documents that were found on
Deutch's home computer at the time he was leaving office as
DCI. Classified information should not have been processed
on this computer. The matter was subject of an
administrative inquiry at the time, but no referral was made
to Justice.
* The IG investigation is continuing in coordination with
the DoJ's Internal Security Section. It is estimated that
it will require approximately three months to complete.
* This information is being closely held within the CIA out
of respect for the former Director's privacy interests. The
results of the investigation will be made known to the
Committee.
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AMAIN' ICTOPT'VG !HYMNAL UGC NLY
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
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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 Central Intelligence
(DCI) 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
ltDitligiSmiallus�lbagamei--ser--etter
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intelligence activities and to report illegal intelligence activities.
c. INITIAL REPORTING AND REVIEW PROCEDURES
(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 Central
Intelligence, and the Executive Director are made aware of all such reportable activities.
Amami ISTInT'VE INTEINAL UGC ONLY
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A fIRAIKIISTDATIVE INTERNAL UCC ONLY
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NTERNAL U3C OW?
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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 DCI 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,
AFIRAINISTownVG INTErINAL UM ONLY
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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:
(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.
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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
conclusive as to the scope of the DCIs 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 DCIs 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.
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ADMINICTRATIVP - INTrrIMAI i ICC nmi v
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DCI Home I DCIDs I Comments I CMS I Intelink Central I
Director of Central Intelligence Directive
Type: 2 Number: 13
Subject: COMMUNICATIONS WITH CONGRESSIONAL COMMITTEES REGARDING
INTELLIGENCE INFORMATION RELATED TO LAW ENFORCEMENT MATTERS
Category: 2-Selected Services of Common Concern
DIRECTOR OF CENTRAL INTELLIGENCE DIRECTIVE 2/13P
COMMUNICATIONS WITH
CONGRESSIONAL COMMITTEES
REGARDING INTELLIGENCE
INFORMATION RELATED TO LAW
ENFORCEMENT MATTERS
(Effective 7 November 1995)
Pursuant to the provisions of the National Security Act of 1947 and Executive Order 12333, policies and
procedures are herewith established to ensure advance coordination between the intelligence and law
enforcement communities regarding communications by the Intelligence Community (IC) with
Congressional committees pertaining to ongoing law enforcement investigations or criminal prosecutions.
1. Purpose
Sections 501 and 502 of the National Security Act of 1947, as amended, require the President and the DCI
to fully inform the House Permanent Select Committee on Intelligence (HPSCI) and the Senate Select
Committee on Intelligence (SSCI) regarding "all intelligence activities." Further, Section 501 requires that
the President report illegal intelligence activities and corrective action to these committees, while Section
502 requires the DCI to report any "significant intelligence failure."
2. Policies and Procedures
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Where intelligence information to be provided to a Congressional committee relates to a possible crime or
may impact upon ongoing criminal investigations or prosecutions, the IC must be mindful both of its
reporting responsibilities under Sections 501 and 502 and the responsibility of the Executive Branch to
ensure the integrity of the criminal process. In order to meet both responsibilities, IC elements must
observe the following policies and procedures.
a. IC elements, including intelligence components of the Department of Defense, shall notify the
Assistant Attorney General, Criminal Division, or his/her designee, and the congressional affairs or
General Counsel offices at the headquarters of any federal law enforcement agency involved in an
ongoing criminal investigation or prosecution prior to providing to a Congressional oversight
committee any information relating to an ongoing criminal investigation or prosecution. IC elements
shall thereafter coordinate with the Assistant Attorney General, or his/her designee, and the affected
law enforcement agencies in order to ensure that the information provided to the oversight
committee does not adversely affect the criminal investigation or prosecution.
b. IC elements, including intelligence components of the Department of Defense, shall immediately
notify the Assistant Attorney General, Criminal Division, Department of Justice, or his/her designee,
and the congressional affairs or General Counsel offices at the headquarters of any federal law
enforcement agency involved in an ongoing criminal investigation or prosecution when requested by
a non-oversight committee of Congress to provide any information relating to an ongoing criminal
investigation or prosecution. Prior to any response to that request that includes information relating
to that criminal matter, IC elements, in coordination with the Assistant Attorney General and the
affected law enforcement agencies, shall notify the SSCI or HPSCI of the request by a non-oversight
committee and request advice and assistance in responding to the request. IC elements shall
thereafter continue to coordinate with the Assistant Attorney General, or his/her designee, and the
affected law enforcement agencies in order to meet any obligation to a non-oversight committee
without adversely affecting the criminal investigation or prosecution.
c. Disagreements between an IC element and the Department of Justice regarding the appropriateness
of providing specific information to Congress may be referred for resolution to the Attorney General
and either the Director of Central Intelligence, or, in the case of Department of Defense components,
to the Secretary of Defense. In the event that the affected law enforcement agency is a Department of
Treasury agency, resolution of a disagreement regarding a response to a Congressional committee's
request for information shall also include the Secretary of the Treasury. The party seeking any such
resolution shall notify the other party in advance of its intent to do so.
d. Nothing herein shall be interpreted as modifying in any way the requirements of the "third agency
rule" pertaining to the disclosure of classified information.
I DCI Home I DCIDs I Comments I CMS I Intelink Central I
TOR OTTICIAL USE ONLY
3/9/00 4:38 Pt
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Mr. Nicholas Rostow
Mr. Al Cumming
OCA
(10 Mar 2000)
Distribution:
Original 1 - Addressee (w/att)
1 - D/OCA (w/o att)
1 - OCA Records
1 - Signer
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