GUIDELINES FOR CONTRACT WITH CONGRESS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89G00643R000900190007-1
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 15
• Document Creation Date: December 23, 2016
• Document Release Date: December 21, 2011
• Sequence Number: 7
• Publication Date: December 23, 1987
• Content Type: MEMO

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STAT
Guidelines for Contact with Congress
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OFFICER'S
INITIALS
04 January 1988
COMMENTS (Number a?h comment to show from whom
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Bill Donnelly wants each of you
to have a copy of these Guide-
lines for Contact with Congress.
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OCA 87-6153
STAT
NOTE FOR: See Distribution
Director of Cong ssional Affairs
FROh1: David D. Grie
SUL,JECT: Guidelines for Contact with Congress
As you are aware, the Office of Congressional Affairs has
produced a paper entitled "Guidelines for Contact with
Congress." Your office last saw the Guidelines in October when
they were sent around for coordination. The Director has
officially approved the Guidelines and sent copies to the Senate
and House Intelligence Cornmittees. He has asked me to
distribute the Guidelines to you. Please note that the
Guidelines, though unclassified, are marked Official Use Only.
Distribution:
1 - DDCI
1 - EXDIR
1 - DDS&T
1 - DDI
1 - DDA
1 - DDO
1 - IG
1 - COP?PT
1 - GC
1 - D/ICS
1-- AC/NIC
1 - D/PAO
1 - Special Assistant to DCI
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FOR OFFICIAL USE ONLY
GUIDELINES FOR CONTACTS WITH CONGRESS
As a CIA official in contact with the Congress, you will
be called upon to ensure that our obligation is met to present
information which is both candid and complete. In meeting this
obligation, you are fulfilling our compact with the Congress to
provide needed information, while ensuring that the responsibility
of the Director of Central Intelligence to protect intelligence
sources and methods is met and that Agency guidelines are
respected. The Agency by law is obliged to keep the intelligence
oversight committees fully and currently informed of all
intelligence activities, including any significant anticipated
intelligence activities.
Speaking before the Eighth Circuit Judicial Conference in
Colorado Springs on 18 July 1987, the Director of Central
Intelligence commented on relations with Congress as follows:
In our relationship with the Congress,
I believe it is important for us to recognize
that it must be one of truth and not of
deception. There is so much confusion about
deniability and deception coming over the
television tubes that I think that it's
important to make one legitimate distinction.
In covert activity there is often deception to
conceal the source of the activity in order to
influence through means that we believe to be
appropriate but which must necessarily be
covert. But in dealino with the Congress
there is absolutely no excuse for deception.
There will be occasions, I believe--and I told
the Congress this in my testimony--when I did
not believe that I was in a position to
respond to a particular question, particularly
if it were one in open session. But I believe
it is possible to tell the Members of
Congress--and I have done so on occasion--that
I am not at liberty to answer the question,
that I have an answer but I cannot give it.
That is a lot different than trying to answer
the question narrowly when I know what the
Congress wants to hear from me, and pretending
that they have failed to ask the question
accurately enough.
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The gist of the Agency's approach to Congressional
testimony and briefings can be summed up in the four C's:
Candor, Correction, Completeness and Consistency. Each of them
is important and should be kept in mind when appearing before
Congress.
--Candor. Both during and after formal
testimony, briefings, or other contacts with
Congress, it remains the responsibility of the
Agency official to ensure that the information
presented to Congress is to the best of our
knowledge true and accurate. If there is
uncertainty as to the correct facts in a
particular case, the official should so state
candidly with a pledge to report the full and
correct facts as soon as possible.
--Corrections. If the official has
supplied incorrect information or omitted
needed information, he or she is obligated to
correct the record. There are a number of
methods available for correcting the record
including submission of supplementary
information either orally or in writing, or in
cases where official testimony has been given,
correction of the official transcript or
requests to testify again on the same
subject.
--Completeness. It is not enough that
testimony be accurate; it must also be
complete. Agency officials should not respond
to a question with the narrowest possible
answer. Instead, keeping in mind the
protection of sources and methods and other
issues identified in these guidelines, Agency
officials should be forthcoming in responding
to a question and should attempt to answer it
with an informative, complete answer. The
Agency's collective credibility suffers if the
Congress believes that it "will not get the
right answer if it does not ask the right
question."
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--Consistency. Established principles
or guidelines, not ad hoc arrangements, should
govern the Agency's response to Congress.
When questions from Members or staff raise
potential issues under these established
guidelines, the Agency official should
identify rather than obscure the points in
dispute. The Director expects that all Agency
officials will respond to questions from
Congress in a manner consistent with the
guidelines given below.
A final note on the four C's. They apply to all
communications with the Congress. whether the setting is a
formal hearing or an informal briefing with the staff, the four
C's should guide your responses. They cover opening statements
and written correspondence. And, finally, they apply whether or
not the official is placed under oath. They are an important
part of maintaining the Agency's primary asset with the
Congress--its credibility.
The following set of guidelines has been prepared to
assist Agency officials in contacts with the Congress. Like the
four C's, the guidelines apply to formal testimony before a
specific committee, briefings for individual Members or staff,
requests for written responses and more casual contact. This
guidance is not intended to anticipate every possible situation
that might arise. Officers from the Office of Congressional
Affairs, who accompany Agency officials during most contacts with
Congress, will provide additional guidance as needed. The terms
"intelligence oversight committees" and "oversight committees"
used in these guidelines refer to the House and Senate
Intelligence Committees and the douse and Senate Appropriations
Defense Subcommittees.
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OBLIGATIONS OF SUPPORTING BRIEFERS
Each Agency official has the primary responsibility for
ensuring that his or her testimony or briefing is truthful and
accurate. Although not actually speaking, supporting officials
should assist the principal spokesman in avoiding misstatements,
mistakes and gaps. Such assistance may be provided by passing
messages in an unobtrusive fashion to the principal spokesman or
privately conferring during breaks in the proceedings or after
the proceedings. Supporting officials should respond to
questions that are either posed directly to them or referred by
the principal spokesman in accordance with these guidelines.
ANALYTICAL VERSUS OPERATIOP]AL INFORMATION
There is a clear distinction between analytical
information provided by analysts and operational information
provided by operations officers. While analytical information is
generally provided to any committee or Member of the Congress
with a legitimate reason for requesting information, operational
information such as electronic surveillance, counterintelligence,
collection and undisclosed participation is provided only to
oversight committees.
If analysts are pressed for operational information during
a briefing before non-oversight committees, they should point out
that such discussions are handled under guidelines established
for dealings with the oversight committees. If necessary, an
Office of Congressional Affairs representative will intervene to
ensure that these ground rules are observed.
For their part, operations officers should avoid
portraying their views as representing the Agency's analytical
judgments. When asked for such assessments, operations officers
should indicate that the Office of Congressional Affairs will be
happy to set up an appropriate briefing on the analytical
questions being asked.
POLICY ANALYSIS VERSUS POLICY PRESCRIPTION
Agency officials should not comment directly on the merits
of U.S. foreign policy and should attempt to avoid, where
possible, offering personal opinions on whether such policy will
work. They may discuss variables to consider in maximizing
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policy outcomes. They may outline possible policy alternatives
and assess factors affecting the likelihood of achieving policy
goals. They may also discuss how foreign governments might react
to various U.S. actions.
MULTIPLE AGENCY APPEARANCES
Policy agencies enunciate policy; intelligence agencies
provide analysis. in'e make every effort to avoid scheduling
intelligence briefings jointly with policy briefings. Normally
an Agency--or Intelligence Community--briefing will precede
committee discussions with State or Defense policy officials and
the intelligence briefers will depart, if possible, before the
policy briefing begins. The Office of Congressional Affairs has
the responsibility for ensuring that, where possible, Agency
briefers are not pitted against policy briefers. Differences of
views among intelligence briefers, however, should be clearly
explained. Note: Covert action briefings before oversight
committees are an exception. In this case, officials from policy
agencies are normally present to discuss the reasons for the
covert action while the Agency briefers discuss implementation of
the policy.
Agency officials should not provide documents from other
agencies or discuss the analytical products of other agencies
unless: (a) such documents and products are already published
and available to the Congress; or (b) the originating agency has
given prior approval.
BRIEFINGS ON PARTISAN OR CONTROVERSIAL ISSUES
Officials should exercise caution in giving classified
briefings on subjects that are a current matter of partisan
dispute, especiall~~ when a vote is about to take place in the
Congress or the Member being briefed has scheduled a press
appearance on the issue. It remains the responsibility of the
Office of Congressional Affairs to apprise briefers when such
factors exist.
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FOREIGN MATERIELS ACQUISITION
Oversight committee budget staffs are notified regarding
certain operations to acquire Soviet materiels. Notification is
not routinely given when the dollar value is below ~1 million.
tahen notification is given, the type of materiel to be acquired
and the total funds that will be transferred to CIA from the
recipient Agency are identified. No operational details should
be provided without prior consultation with Agency management.
The Comptroller's office is responsible for notifying the
committee budget staffs.
COPIMITTEE ACCESS TO INSPECTOR GENERAL REPORTS
As a general matter, the Agency does not provide to
Congress copies of reports prepared by the Office of Inspector
General on the grounds that these are internal management
documents generated solely for the Director of Central
Intelligence. Confidentiality is an essential aspect of the
Inspector General's function and must be maintained. Employees
and others are encouraged to consult with the Inspector General,
especially on suspected illegal or unethical activities, and
their identities must be protected to the extent possible.
The Director of Central Intelligence may grant limited
exceptions to this rule on occasions when the Inspector General
has conducted a special investigation into allegations of
possible illegal or improper conduct by Agency personnel in areas
of particular Congressional interest. On such occasions, access
is limited to Members or selected staff of the intelligence
oversight committees, or special investigative committees.
Requests for Inspector General reports must be made in writing by
the Chairman of an oversight or special investigative committee.
No Agency witness should promise access to an Inspector General
report unless he or she has been authorized to do so by the
Director of Central Intelligence.
REVIEW OF AGENCI' PERSONNEL, SECURITY AND MEDICAL RECORDS
The Agency generally will make available personnel and
security records of current and former Agency employees only when
there is a credible allegation of improper or illegal
intelligence activities or when the records are being sought
pursuant to a Congressional investigation. In those instances,
the records will be made available only to the oversight
committees or special investigative committees. Requests for
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such records must be made in a letter from the oversight Member
requesting a record review. The Agency will consider the release
of medical records on a case-by-case basis, but only to a
physician designated and authorized by the employee. A physician
from the Office of Medical Services will, however, brief the
medical history of an employee to an appropriate representative
of an oversight or special investigative committee.
All such requests must be approved by the Director of
Congressional Affairs or higher authority. Since dissemination
to oversight committees of information concerning employees or
former employees in connection with an illegal or improper
intelligence activity on behalf of the Agency is consistent with
the Privacy Act and Executive 12333, it will not be necessary to
obtain permission of employees for the staff of these committees
to review relevant records.
In situations where there is no allegation of improper or
illegal intelligence activities, the Agency will make available
personnel records to the oversight committees only where there is
a serious and credible allegation of personnel mismanagement.
Requests for personnel records must be made in a letter from an
oversight committee Member requesting a record review. The
letter must be accompanied by a properly executed Privacy Act
waiver from the employee.
All such requests must be approved by the Director of
Congressional Affairs or higher authority. An authorized staff
member may review the records for the committee Member, provided
he or she is identified by name in the requesting letter. The
Agency will not permit the examination of either security or
medical files where there is no allegation of improper or illegal
intelligence activities. Where circumstances warrant, the Agency
is willing to brief on the contents of the security file.
SOURCES AND METHODS
Sources are readily described to oversight committees in
general terms--human sources, signals intelligence, imagery,
liaison, to name the most common ones. Methods are also
described to oversight committees in general terms--surveillance,
technical collection, photography, to name a few general methods
that may be mentioned. Agency officials should not discuss the
specific sources of intelligence and the specific methods used in
collecting intelligence, except in unusual circumstances and with
advance approval. Such exceptions generally involve cases where
there is credible evidence of illegal or improper activities.
During budget hearings or budget briefings, it will be necessary
to provide the details on the capabilities of some technical
collection systems. In these cases the disclosure of such
information will be reviewed before testimony takes place, if
time allows.
Sources and methods ordinarily are not discussed with
committees or Members that do nq~t have oversight responsibilities.
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FOREIGN LIAISON ACTIVITIES
Agency officials should provide generic descriptions of
liaison relationships with foreign intelligence services to
oversight committees so long as identities and details are
protected. Officials should not disclose the identity of or
details about specific liaison relationships unless required by
law or unless special circumstances exist, such as credible
evidence that a liaison service is involved in illegal or
improper intelligence activity as part of its cooperation with
the Agency. Since a foreign liaison service is considered a
source, the guideline on sources and methods applies to such
contacts.
In such special circumstances, the oversight committees
will be made privy to specific information. Prior approval of
the Deputy Director for Operations and the Director of
Congressional Affairs is required. Foreign liaison activities
ordinaril}? are not discussed with Members or committees that do
not have oversight responsibilities.
FOREIGN GOVERNMENT INVOLVEMENT IN COVERT ACTION ACTIVITIES
In the 10 June 1986 addendum to the procedures governing
reporting to the Senate Intelligence Committee on covert action,
there is a provision requiring that the statement provided to the
Committee "specifically take note of any instance in which
substantial non-routine support...is to be provided by...a
foreign government or element thereof. It is further agreed that
advisories will describe the nature and scope of such support."
If Agency officials are asked to identify a foreign country
providing substantial support to a special activity which has not
been previously identified to the Committee, the official should
defer on the matter and explain that Agency management will
provide a prompt response to the Committee's request.
UNEVALUATED VERSUS FINISHED INTELLIGENCE
The Agency readily provides finished intelligence to
Congress under appropriate controls. The Agency does not provide
unevaluated intelligence to the Congress except in instances
where there are credible allegations of wrongdoing or where the
Congress has initiated investigations of Agency performance.
Only the Director of Congressional Affairs or higher authority
can approve provision of unevaluated intelligence to Congress.
Requests for unevaluated intelligence should be deferred to him.
Unevaluated intelligence reports are sometimes also walled field
information reports or raw reports.
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INTELLIGENCE COLLECTION ACTIVITIES
The Agency has a statutory obligation to keep the
oversight committees fully and currently informed of all
intelligence activities. In addition, the Agency has
specifically agreed with respect to collection activities
conducted under the authority of Executive Order 12333 to provide
information related to specific collection techniques. Agency
officials should work closely with the Office of Congressional
Affairs in providing such information.
IDENTITIES OF AGENCY EMPLOYEES UNDER COVER
No Agency employee serving under cover should misrepresent
the true nature of his or her employment status or the employment
status of other persons affiliated with the Agency either when
appearing before a committee or in any direct, non-social
contacts with a Member of Congress. Any employee who believes he
or she may be put in such a situation should contact the Office
of Congressional Affairs as soon as possible.
Generally speaking, however, Agency officials should not
provide the names of Agency employees serving under cover,
especially to a non-oversight committee. An exception to this
practice concerns allegations of illegal or improper intelligence
activities. Such questions should be referred to the Office of
Congressional Affairs. In the case of the oversight committees,
those serving at the level of Directorate of Operations Division
Chief and above are routinely acknowledged. Below that level,
they are handled on a case-by-case basis in consultation with the
Office of Congressional Affairs.
NON-OFFICIAL COVER OFFICERS
Information on the overall number of non-official cover
officers, as well as the number of such officers assigned to a
given country, is provided to oversight committees only. Except
in extraordinary circumstances, the identities of such officers
are not disclosed, nor are their specific cover mechanisms
identified. Prior approval is required to make such disclosures.
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CO1~C}'I:SSIC`r7AI, 111`1(, STI~.FF DF.LI:C;IITIONS FROi`1 OVF.RSIGIIT COh't'.ITTFFS
Intelligence oversight committee Congressional delegations
(Codels) or staff delegations (Staffdels) are briefed on aspects
of a field station before they visit that station. The station
Operating Directive, manning level, number of declared and
undeclared officers, non-official cover officer presence (but not
identities of such officers or the names of their cover
mechanisms), and operational program, including funding levels,
are generally covered in these briefings. Technical operations
are described in general terms. Information is not generally
provided nn whether the operation is joint (i.e., conducted with
the help of liaison) or unilateral (i.e., conducted exclusively
by CIA). A station's relationship with the host country liaison
service should be discussed only as covered by another of these
guidelines. Neither the actual Operating Directive nor
unevaluated intelligence reports are to be shown to a Codel or
Staffdel in the field without prior approval from CIA
headquarters.
NC`T`'-OVF.RSIrE?T COP'GRESSIONAL AND STAFF DELEGATIONS
Besides the Congressional delegations (Codels) and staff
delegations (Staffdels) from oversight committees, stations and
bases will also receive their share of Codels and Staffdels whose
members have no intelligence oversight responsibilities. These
visitors are not entitled to operational briefings and should
receive only Directorate of Intelligence-type overview briefings
on the general situation in a given country. Senators and
Congressmen are automatically cleared to receive such
intelligence briefings, but the clearances of their staffers must
be determined from Headquarters before they are briefed. The
Office of Congressional Affairs will attempt to apprise stations
and bases of all Codels and Staffdels in advance and certify the
clearance of staffers, but this will not always be possible. In
those instances where Codels or Staffdels appear without warning,
no briefings of staffers should proceed without their clearances
being certified by Headquarters. Special care should be
exercised not to become engaged in critiques of other mission
programs.
REQUESTS FOR HEARINGS APID ERIFFINGS
Requests for appearances at hearings should be submitted
in writing. Requests for briefings may be submitted orall~? only
wren circumstances demonstrate that a written request may not be
feasible or desirable. All such requests must be directed to the
Office of Congressional Affairs and may not be handled directly
by any other Agency officer, except on resource matters which are
the responsibility of the Comptroller's office.
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REQUESTS FOR A CONGRESSIONAL DEBRIEFIt7G
There are instances in which Agency analysts may wish to
obtain from Members or staffers who have recently traveled abroad
information about conditions in foreign countries and impressions
about the political leadership. Where appropriate, the Office of
Congressional Affairs will approach the Member or staffer and ask
that they meet with country analysts to review their trip. If
such information is eventually used in Agency analysis, the
source of the information will not be identified.
TRANSCRIPTS
H?ith some exceptions, Agency officials should not agree to
the taking of transcripts unless Members of the Congress are
present at a committee briefing or hearing. Briefers should not
consent to the taking of transcripts during staff briefings
without the prior approval of the Office of Congressional Affairs.
PROVISION OF DOCUMENTS
Agency officials should recognize that any documents they
mention will probably be the subject of a request, particularly
those they take to the Fiill to use in making their
presentations. When Congressional Members or staff make such
requests, the Office of Congressional Affairs should be
consulted. The House and Senate Intelligence Committees
routinely receive all finished hard-cover intelligence; the
Appropriations, Armed Services, and Foreign Affairs Committees
receive a weekly index of finished intelligence publications from
which they order. Only the Intelligence and Appropriations
Committees are automatically cleared for CIA ORCON material.
TASKING BY CONGRESS
The Agency will readily answer appropriate written or oral
questions submitted by the Congress. Briefers should avoid,
however, unilaterally accepting tasking that entails additional
areas of research and subsequent publication of results. This
caveat applies with equal vigor to operational taskings:
Briefers should avoid unilaterally accepting tasking that entails
collection by field stations. Any such tasking should be
referred to the Office of Congressional Affairs.
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PERSONAL STAFF VERSUS COI`1MITTEE STAFF
The Agency does not ordinarily provide briefings or
publications of a classification higher than Top Secret to
personal staff. Such material may be provided only to
Congressmen or committee staff members who possess appropriate
clearances.
DIRECT CONTACTS WITH CONGRESS
Per Agency regulation, all Agency contacts with the
Congress are handled in coordination with the Office of
Congressional Affairs. Requests for further contact or servicing
of specific requirements arising from sanctioned meetings, except
those on resource-related matters, should be directed to the
Office of Congressional Affairs. The Office of the Comptroller
is responsible for Congressional requirements on Agency resource
matters. Any attempts by Congressional staffers to contact
Agency officers directly on official business should be politely
referred to the Office of Congressional Affairs. The reason for
this regulation is to ensure that Congressional contacts are
coordinated. Also, it ensures that staffers have appropriate
clearances and that information is provided under appropriate
security conditions.
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