AN 7-2-2 RESPONDING TO CONGRESSIONAL INQUIRIES

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06803458
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 9
• Document Creation Date: March 8, 2023
• Document Release Date: August 16, 2019
• Case Number: F-2009-00490
• Publication Date: July 19, 2001

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Date: 07/19/2001 (Regulations may contain various dates)
Category: 7- Management
OPR: OGC
Title: AN 7-2-2 RESPONDING TO CONGRESSIONAL INQUIRIES
MANAGEMENT
This Notice Expires 1 August 2002
AN 7-2-2
19 July 2001
RESPONDING TO CONGRESSIONAL INQUIRIES
References: CID 2/13P
HR 7-1
AR 7-2
AR 7-8
HR 10-22
32 C.F.R. Part 1905
1. PURPOSE
This notice consolidates and summarizes policy for responding to congressional inquiries.
2. BACKGROUND
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Section 501 of the National Security Act provides that the President shall ensure that the House
Permanent Select Committee on Intelligence (HPSCI) and the Senate Select Committee on
Intelligence (SSCI) are kept fully and currently informed of U.S. intelligence activities, under
procedures to protect against the unauthorized disclosure of classified information and
information related to sources and methods. Section 502 of the Act provides that the Director of
Central Intelligence (DCI), and the heads of all agencies, departments, and other U.S.
Government entities involved in intelligence activities, shall keep HPSCI and SSCI fully and
currently informed of such activities, "with due regard for the protection from unauthorized
disclosure of classified information relating to sensitive intelligence sources and methods or
other exceptionally sensitive matters." AR 7-2 provides guidelines for identifying matters the
DCI and the Central Intelligence Agency (CIA) must consider reporting to HPSCI and SSCI
under sections 501 and 502, and sets out basic procedures for such reports or notifications.
In addition to those reports or notifications, other provisions of law, and various nonstatutory
arrangements or agreements with HPSCI, SSCI, and the other intelligence oversight committees
(for example, the Defense Appropriations Subcommittees), generate considerable interaction
with Congress. The CIA and the Office of the DCI (ODCI) also receive a great number of
congressional inquiries and requests for information and analysis, both written and oral, in
formal and informal settings, at Headquarters and in the field, from non-oversight as well as
intelligence oversight committees, subcommittees, Members, staffs, and offices. Personnel
should consult with appropriate Headquarters elements, including Office of Congressional
Affairs (OCA), for further, specific guidance concerning contact with congressional Members
and staff in the field.
3. BASIC CONSIDERATIONS
Responses to inquiries from Congress must be not only timely, but also candid, complete, and
correct. Such responses must comply with rules, procedures, and practices to appropriately
safeguard sensitive information, while also giving Congress--especially the intelligence and
appropriations committees, Members, and staffs--the information, visibility, and access required
for effective congressional oversight. Responses to congressional requests for information or
analysis must be consistent with applicable security, classification, privacy,
separation-of-powers, and executive privilege principles and rules, but at the same time promptly
provide the accurate, full, and forthright information that is critical to maintaining trust and
� partnership between the DCI and CIA, on the one hand, and the congressional intelligence
oversight committees, on the other.
4.
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(b)(3)
5. SPECIAL AUTHORITIES AND ARRANGEMENTS
Consistent with applicable law and DCI guidance and the basic principles and substantive
considerations in this notice, and as directed by their principals, the Office of Inspector General
(OIG), the Office of General Counsel (OGC), the Office of the Chief Financial Officer (0/CFO),
and the Office of the Deputy Director of Central Intelligence for Community Management
(ODDCl/CM), communicate directly with Congress in certain circumstances to carry out their
respective missions and functions.
(b)(3)
6. SECURITY, CLASSIFICATION, AND NEED-TO-KNOW; ANALYTICAL VS.
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OPERATIONAL INFORMATION
HPSCI and SSCI staffers generally are authorized to receive classified oversight briefings
(subject, of course, to having received the appropriate clearances), but only designated staffers
for those committees may be briefed on certain compartmented matters, such as covert actions,
foreign liaison, and counterintelligence. Subject to Privacy Act, law enforcement, and/or
executive privilege or other legal constraints, analytical information generally is provided to any
committee, Member, or staffer with a legitimate reason for requesting the information and the
required clearance. As a general rule and as a matter of practice, information about operational
activity (excluding specific source-identifying data) is provided only to the intelligence oversight
committees.
9. PRIVACY ACT; U.S. PERSON INFORMATION
The Privacy Act of 1974, 5 U.S.C. 552a, provides that no agency may disclose any record about
a U.S. citizen or Permanent Resident Alien (PRA) that is contained in a system of records by any
means to any person, except pursuant to that citizen's or PRA's written request or prior written
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consent, unless one or more of 12 exceptions applies. Under one of the exceptions, it is not a
violation of the Act if the disclosure is to either house of Congress, or to the extent of matter
within its jurisdiction, any committee or subcommittee of Congress. CIA and ODCI personnel
who receive requests for information about U.S. citizens or PRAs, even if those persons are also
foreign officials, from an individual Member of Congress or individual staffer should obtain
guidance from OCA and/or OGC on the appropriate response.
10. "THE FOUR C's"
As a fundamental guiding principle, and with due regard to any of the legal or policy
considerations cited in this notice that apply in the given case, CIA and ODCI personnel
responding or reporting to Congress--whether a committee, subcommittee, Member, or
staffer--should provide information that is candid, complete, and correct. Whether under oath or
not, CIA and ODCI personnel must ensure that the information provided is, to the best of their
knowledge, true and accurate, and responds to questions fully and forthrightly; criminal penalties
may be imposed for knowingly and willfully making any materially false statements or falsifying
or concealing a material fact. If an individual inadvertently provides incorrect information in a
briefing or written response, or omits any significant information, the individual should contact
OCA as soon as possible so that OCA may transmit corrected or additional information.
Responses to Congress should be consistent with applicable law and regulations, policies, and
practices regarding how and to whom CIA and the ODCI will provide various types, levels, and
forms of information or analysis, as summarized in this Notice and the references.
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b)(3)
14. GUIDANCE FOR WITNESSES AND BRIEFERS "DO's"
Witnesses and briefers should: act professionally and courteously at all times; concentrate on the
facts, render judgments only in the witness's or briefer's specific area of substantive expertise,
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and distinguish between facts and judgments; consult in advance with OCA on any potentially
controversial aspect of the appearance, briefing, or testimony, or any potential problems the
witness or briefer--as the substantive expert--perceives; as applicable, have knowledge of the
analytical judgments of other IC agencies on the hearing or briefing subject, as well as of any
major policy initiatives that relate to it, and discuss these with OCA before the hearing; and,
obtain current guidance from OCA, and from the Directorate of Operations and/or other
appropriate Agency or IC component(s) with an interest in the matter, before providing classified
testimony or a classified briefing on a crisis situation (such briefings usually require advance
approval by senior management).
15. GUIDANCE FOR WITNESSES AND BRIEFERS "DON'Ts"
Witnesses or briefers should not: attempt to respond to a question if the witness or briefer is
uncertain of the answer (it is perfectly acceptable to indicate that uncertainty, and that an answer
will be provided as soon as possible after the hearing or briefing, via the OCA liaison officer);
discuss other programs or activities that are not related or relevant to the issue being testified on
or briefed; comment directly on or offer personal views on the merits of policy issues (it is
permissible to assess factors affecting the likelihood of meeting U.S. policy goals and to discuss
foreign reaction to U.S. policy initiatives); offer CIA or ODCI analytical products to Members'
personal staffers (intelligence oversight committee staffers receive such products on a
standardized basis); or provide documents or discuss analytical products of other agencies unless
the document is already available to Congress or the originating agency has given prior approval.
16. RESPONSES TO CONGRESSIONAL INQUIRES IN OTHER SETTINGS
HPSCI, SSCI, HAC, and SAC (or other) staff (or Members) may raise questions directly with
CIA and ODCI personnel in settings other than hearings, briefings, formal meetings, or other
prearranged sessions. For example, requests for information may be made by phone, or
face-to-face during unscheduled encounters at Headquarters or in the field. Personnel who
receive such inquiries should exercise sound judgment, in accordance with the principles and
policies summarized in this Notice, in determining how best to respond. Whenever feasible and
appropriate, personnel should refer such inquiries to OCA (and, if the inquiries relate to CIA
resource or budget issues, to the Office of the CFO).
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When referral would not be reasonable or appropriate, and subject to the legal and policy
constraints summarized in this notice, CIA or ODCI personnel--to the best of their
knowledge--may and should respond candidly, completely, correctly, and consistently to such
'unscheduled' inquiries. As with responses to questions in hearings or briefings, personnel
should: concentrate on the facts; distinguish between facts and judgments; avoid speculative
comment; refrain from volunteering personal positions; and clearly indicate if a statement is
speculative rather than based on direct and full knowledge or is a personal judgment or view on
an issue (vice the DCI's or CIA's official, 'corporate' position or judgment). As a basic rule,
personnel who respond directly to congressional inquiries outside of hearings, briefings, or
similar scheduled sessions should advise OCA as soon as possible of the response, so that OCA
may officially document it and assess whether it is necessary to supplement or correct it.
17. WHISTLEBLOWER PROCEDURES
Although there are several formal processes under which CIA and the ODCI must inform
Congress (and the Department of Justice) of possibly or actually illegal and/or improper
activities, Agency personnel sometimes may believe it necessary or appropriate to personally
report such matters to Congress. AN 7-2-1, "Employee Communications With Congress" (9 July
1998), and the Intelligence Community Whistleblower Protection Act of 1998, provide rules,
obligations, and procedures for CIA and ODCI personnel who want to contact Congress
personally about such matters, in a manner that protects the interests of both the U.S.
Government and the individual employee (or contractor). Such personnel who act subject to and
in compliance with the 1998 Act and applicable internal guidance will be protected against
retaliation or reprisal for such activity. Questions regarding the rules and procedures for
employee communications with Congress under the 1998 law and Agency Notice should be
directed to the Assistant Inspector General for Investigations, the Deputy Director of
Congressional Affairs for Intelligence Liaison, or the Deputy General Counsel.
18. FURTHER ASSISTANCE
Any questions regarding this Notice should be directed to OCA and/or OGC, as appropriate.
19. INCORPORATION INTO EXISTING AGENCY REGULATIONS
The information in this notice will be incorporated into the appropriate Agency Regulations.
/s/
A.B. Krongard
Executive Director
This notice was prepared by the Office of General Counse
secure) and the Office of
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Congressional Affairs
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secure).
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