GUIDELINES FOR CONTACT WITH CONGRESS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91-00981R000200180020-3
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 9
• Document Creation Date: December 27, 2016
• Document Release Date: January 17, 2013
• Sequence Number: 20
• Publication Date: December 23, 1987
• Content Type: MEMO

Declassified in Part - Sanitized Copy Approved for Release 2013/01/17: CIA-RDP91-00981 R000200180020-3
ROUTING AND RECORD SHEET
SUBJECT: (optional)
Guidelines for Contact with Congress
FROM:
EXTENSION
NO.
OCA 87-6153
EXA/DDA
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DATE ~
04 January 198i
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OFFICER'S
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OCA 87-6153
23 December 1987
STAT
NOTE FOR: See Distribution
Director of Congt ssional Affairs
FFOM: David D. Grie
SUBJECT: 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 coord`ination... The Director has
officially. approved the Guidelines and sent copies to the Senate
and House Intelligence Committees. 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 - COI' 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.--T-he 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 JudicialConference 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 ru 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 dealing with the Congress
there is absolutely no excuse for decent n,
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 o.f:
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
iformtion 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.
.Cove lateness. It is not enough that
testimony" e-accurato; it must also be
complete.. &gency ' of f icials 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 amanner'consistent with the
guidelines given below.
A final note on the four C's.
communications wi h the.;Cnnacegs.
four C's,the guidelines apply to formal testimony before a
specific committee, briefings for indivi.d:ual 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 of?icials 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. House and Senate Appropriations
Defense Subcommittees.
t4rt-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
end written correspongenceo. Ana, rLUaiiy. s
,not the of FiciAl An- They are. an important
the four
c s s oti au de your r six rises. They cover opening statements
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should assist the principal spokesman in avoiding misstatements, mistakes and Daps:; 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..
OBtyIGATIONS OF SUPPORTING SRI PER;S .
ency official has, the. primary responsibility for..
Each A
g
ensuring that his or her testimony, or briefing is; ru ful and
Although not actually- speaking, support~ng'o cials
ANALYTICAL' VERSUS OPERATIONAL INFORMATION
There is a,clear distinction between analytical.
information provided by analysts and operational information
provided by operations. of?icers. while :analytical information is
generally `provided to"any 'committee or Member of.'the Congress
with a legitimate reason 'for requesting in areration, o erat anal
information
is provide on y'
oversig t committees.
If analysts are'preSsed for operational information during
a briefing before non-QVersight committees, they should point out
that such discussions a-re handled under guidelines -established
for dealings with, toe: oversight committees. If necessary, a
Office of Congressional Affairs representative will intervene to
ensure that 'these ground rules are observed.
For their pas t,.operations officers should avoid
portraying their views asrepresenting 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. we 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.
THIRD AGENCY RULE
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, especially 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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-PERSONAL STAFF VERSUS COMMITTEE 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, ,1 A Pncv conta is with th?
Con ress are handled in coordin
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. An attem is by Congressional staffers to contact
A enc officers irectl on official business should be o itely
referred to the Congressional Affairs. The reason for
t is 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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