Central Intelligence Agency"
The Honorable Fred Thompson Chairman
Committee on Governmental Affairs United States Senate
Dear Mr. Chairman: SUBJECT: Notification COUNTRY:
Guidance Implementing Statutory
1Enclosedopyirective issued by ef of the Nonproliferation Center, pursuant
Requirement to Report Proliferation Intelligence to Congress
to14 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal0ublic. This directive is designed to ensure that Congress is, "fully and currently informed with respect to . he current activities of foreign nations which are of significance from the proliferation standpoint."
(U) If you any questions regarding this issuo. please do not hesitate to call.
Director of Congressional Affairs
FOR RELEASE DATE: SEP ^UU'
Guidance Implementing Statutory Requirement to Report Proliferation Intelligence to Congress
Admiral James w. Nance and nugoreign Relations Authorization Act, Fiscal014
The Nuclear Non-Proliferation Act8
aragraphs modified by the Admiral James H. Nance and Meg Donovan Foreign Relations Authorization Act, Piscal0ublictate Authorizationequires, inter alia, the Director of Central Intelligence (DCI) to keepongressional committees, the Committees on Foreign Relatione and Governmental Affairs of the Senate (SPRC and SGAO and the Coenittee on International Relations of the Kouae of Representatives (HIRC), "fully and currently informed with respect to . .he current activities of foreign nations which are of significance from the proliferation standpoint."1
By letter dated Novemberhe
stated that this atatute "could not override the President's constitutional authority to determine how, when, and under what circumstances information vital to the national security shall be disclosed, and wo do not understand it co do ao." Accordingly, the provision of information to
the retirements of. Code, section
"Proliferation" under1 of thetate Authorisation Act includes foreign proliferation of nuclear, chemical, or biological weapons, or their means of delivery. And,4 of tnetate Authorisation Act requires Che DCI, among others, promptly to provide information, including information contained ln special accesao the chairman and ranking minority member of the SFRC and the HIRC ln meeting
cimTFCT- Directive Implementing Statutory Reporting SUBJECT. lnCelUgence co congress
1 The Intelligence Community already widely
shares infceniigsj**sa' involving
14 of the1 State Authorisation Act also requires the DCI.
among others, toirective to loailemant the. Coda,esponsibilities. This guidance fulfills this retirement,opy
will be forwarded to the SSCI, RPSCI.andnformationurrent activityoreign nation that has significance from the proliferation standpoint, requiring notification to the appropriate Congresslocal coasaittees. may include tha following:
The foreign nation proliferation activity raises, or willajor lepact on.. foreign policy or national security concerns;
The foreign nation proliferation activitylgnlflcant rlak of. and likely result In, substantial loaa of human life;
foielgn nation proliferation activity preaente am<reak of diplomatic relatione, or aIn relation* between the United Statee and one or mora of
Idl The foreign nation proliferation activity results from pervasive failure, or significant compromise, of intelligence sources and methods.
'4 oftate Authorisation also requlras th* Secretary of State, the Secretary of Defense, the Secretary of Ccmsaerce, and the Chairman of the Huclear Regulatory Coasniaalon to iaau* directives on tha same subject Thle DCI guidanceot apply to reporting where tha underlying information which la the baaia of tbe report is not derived from intelligence source* and
Under the new statute, we are reminded of the importance of continuing to share this proliferation intelligence, and intend to continue to do so. as required by the statute. Accordingly, pursuant to Director of Central Intelligence Directivem issuing this guidance to carry out the DCI's statutory obligation to report proliferation matters to Congress in the manner specified in"thetate Authorization Act.*
implementing Statutory Reporting of Proliferation Intelligence to Congress
I, or my designee, will evaluate the
wiUeport to the appropriate Congressional committees.
1 Intelligence information, including pertinent
o^lorted to the Congressional committees in ,
manner consistent with the DCI's obligation to protect sensitive intelligence sources and methods and to protect other exceptionally sensitive matters from unauthorized disclosure.
should to the
proliferation standpoint may be addressed to the NFC I
Questions regarding what foreignrcporting_to Congress may bequestions
reqarding what qualifies, as
A. al Assistant to the DCI for Nonproliferation