January 3 2017 Senator Ron Wyden Senator Martin Heinrich US Senate Select Committee on Intelligence 211 Hart Senate O oe Building Washington DC 20510 Dear Sermon and Heinrich Thank you for your letter dated December 23 2016 As requeewd I have completed your Prehearing Ques om and I have enclosed my responses I look forward to appearing before your committee on January 11 Sincerely 5 Mike Pompeo Enclosure Preh cations for the Honorable Mike Pom so on his nomination to be the Director of the Central nee Ageing- enators den and Heinrich Como Authorities The Committee s 'questions reference your January 2016 op-ed in The Wall Street Journal in which you wrote Congress should pass a law rte-establishing collection of all meta'data and combining it with publicly available nancial and lifestyle information into a comprehensive searchable database Please answer the following additional questions 0 - Please clarify whether collection of all metadata was a reference to bulk collection of metadata If so what of metadata do you believe should be collected in bulk and - entered into a comprehensive searchabie database I was referring to metadata of the type collected under the then-existing program that was available for review under procedures and conditions reviewed and approved by federal judges As noted in the op-ed I was generally referring to additional publiclyavailable data on the intemet or other public databases that can provide important clues in identifying those who would seek to harm America If con rmed l'will defer to policymakers including the Congress on whether it would be appropriate to collect metadata and publicly available data the exact infonnation to be collected who would collect such information and appropriate restrictions I note that such activity would be the responsibilityof the other appropriate organizations I note also that the Intelligence Community has for many waders applied restrictions to minimize information collected on U S persons including in some cases restrictions carried out under-the approval and supervision of federal judges I believe such minimization requirements are both appropriate and necessary a Do you believe metadata for telephony and electronic communications should be heated equally under the law or should there be more restrictions on the collection of one type - of metadata vs the other These are very important questions that merit thorough study There are a wide variety of constitutional statutory and other regulatory rules governing the treatment of di 'erent types of metadata These range to just name a few examples from Fourth Amendment considerations to the Foreign Intelligence Surveillance Act including itmns like Pen Register Trap and Trace provisions to Federal Communications Commission rules on subscriber data Ifcon nned and such issues were relevant to the CIA mission I will consult with legal experts on the appropriate treatment of metadata to include examining the speci c metadata at' issue the reasons for collection and the governing legal homework The data collection should always be driven by its statutory mission 0 Please clarify publicly available nancial and lifestyle information What constitutes publicly available information Does it include information provided by or purchased from third parties help rlinprotec ngme country butingeneral wasrefen'ingtopublicly However to the extent there is publicly available relevant intelligence information that may beoblainedin ill compliancewithallprivacy laws suchinformation should beeonsidered 0 Please clarify comprehensive searchable database Which U S government and agencieaaswell as federal state local and ortibal entities should have access to the databaseorto informationderived omthe database 2What A restrictions if any do you believe should be placed on searches of the databm and disseminationofthe results ofmhseuchegwhe ierto U S intelligenceand law enforcement entities or to foreign governments How long should the in ennaticnin the database be retained help rlinproteeting recounuy reten ontime ames U S persondata comprehensive searchable databme speci cally whether in your view the CIA should have direct access tothedatabase whethertheCIA shouldconductorrequest totheCIA andwhat restrictions ifany should apply totthIAsuse of informationfrornthedatabase helpfulinprotec ngthecourm'y Iamawaretlmintelligence agencies The minimization procedures withregardtb Section 702 state personnelmay query CIAelectronicand data storage systemscomuir ng unminimized comnumications acquired in accordance with section 702 of the Act Such queries must be reasonably designed to nd and extract foreigr intelligence information CIA will maintain records of all such queries including but not limited to UnitedStates pmon names and and ODNI will review CIA's queries of conten Other than the requirementthat the query be reasonably designedto nd and extract foreign intelligence infonnation do you believe there should be any limitations on CIA queries of U S persons for purposes of reviewing the content of communications What limitations and reporting requirements do you believe should apply to U S person queries of Section 702-derived - metadata Inthis context a query involves usinganame phone number emailaddress orother term to isolate communications with that term within a larger pool of datathat an agency has already law illy collected It rs important to note that queries do not result 1n the additional collection of any information The Attorney General and the Foreign Intelligence Surveillance Court FISC have reviewed and approved minimization procedures including its limitations on queries nding the procedures consistent with FISA and the Fourth Amendment Those minimization procedures require that Any United States person identity used to query the content of cornmunications must be accompanied by a statement of facts showing that the use of any such identity as a query term is reasonably likely to return foreign intelligenceinformation asde nedinFISA extensive oversight the Department of Justice and the O ce of the Director of National Intelligence review all of S person queries of Section 702-acquired content to ensure each query satis es the legal standard articulated inthe question Any compliance incidents are reported both to- Congress and the FISC Interms ofU S person queries of Section 702 derived metadata the DN1 is required to make publicly available an annual report that provides among other things a good faith estimate of the numbm of U S person queries of Section 702-derived content and Section 702-derived metadata I believe the outlines of this program to be appropriate to perform the mission and safeguard fundamental rights Ifcon nned I will be happy to discuss any speci c proposals and their potential e 'ects - on abilitytodiscoverand analyzethreats oneelhavebeenbriefedonthe Agency s e ortsinthis area Section 702 of the Foreign Intelligence Surveillance Act prohibits reverse targeting ofU S pmons As CIA Director what policies would you adoptwith regardto nominating targets of Section 702 collectionin order to guard against reverse targeting I understand there are already Agency policies to prohibit CIA of cers from reverse targeting U S persons and persons inside the Unimd States If con rmed I intend to continue those policies As part of Section 702 oversight DOJ reviews all nominations for compliance with the targeting procedures and the statutoryrequirements including the prohibition against reverse targeting ODNI reviews a sample reports documenting the results of each review are submitted to Congress as part of the semiannual reports required Imder 50 USC 1881f Any compliance incidents discovered in the course of D01 and oversight are reported to the FISC pursuant to Rule 13th of the FISC's Rules of Procedure and to Congress in the semiannual reports What di 'erences if any do you believe should existwith regardto CIA access to queries of and use dissemination and retention of U S person communications collected pmsuant to Executive Order 12333 as compared to collected pursuant to Section 702 I understand that all collection and use of U S person information is governed by law and policy The collection of communications under Section 702 occurs under the important but relatively narrow circumstances where the communications of a foreign national located abroad may be obtained with the assistance of a U S service provider subject to the jurisdiction of the FISC - The types of targeting and minimization procedures required by Section 702 are generally appropriate to that collecn'on activity because Section 702 collection involves such limited range of collection techniques and because the involvement of U S service providers may implicate U S person communications to a greater degree in the event of error Because CIA activities under E 0 12333 are strictly focused on collection activities abroad with very limited exceptions there is a smaller risk that these activities could implicate U S person communications compared with collection under Section 702 Additionally ED 12333 activities involve a far greater variety of collection techniques and often occur under circumstances where the collection opportunity is limited costly risky and ights Thus compared with Section 702 collection e collection activities under E O 12333 require a far greater degree of agility and - exibility to obtain intelligence of su cient timeliness and reliability For these reasons die access to queries of use dissemination and retention of U S person communications under B 0 12333 are appropriately governed by broader and more exible guidelines compared with those required under Section 702 Executive 0rdm 12333 states that the CIA may conduct surveillance within the United States for the purpose of training testing or conducting countermeasures to hostile electronic surveillance How would you ensure that any implementation of this authority does not adversely a ect U S persons civil liberties or otherwise result in - CIA surveillance of U S persons Under E O 12333 the CIA may not engage in electronic surveillance within the Uniwd States except for the purpose of training testing or conducting countermeasures to hostile electronic surveillance Surveillance conducted for those purposes is governed by procedures established by the DCIA and approved by the Attorney General after consultation with the DNI In addition activities that constitute electronic surveillance within the meaning of PISA 50 U S C 1801 t are subject to the separate statutory requirements set forth at 50 USC 1805 g In order to protect the privacy and civil liberties of US persons these activities are limited in extent and duration to those necessary to accomplish the purpose of the activity and not directed-at the communications of a particular person With respect to testing or training any information obtained in the'course of activity should be retained and used only for purposes of the particular testing or training activities and destroyed as soon as practicable With respect to countermeasures any collected information should be used only to protect against unauthorized surveillance or disseminated only to appropriate agencies for enforcement of federal statutes prohibiting such unauthorized surveillance If con nned I intend to continue these protections for the privacy and civil liberties of us persons Do you believe the CIA should be authorized to monitor U 8 persons social media I - activities If so under what circumstances and subject to what limitations What legal- authority would provide the basis for such monitoring The CIA may already collect information related to the social media activities of US persons only in furtherance of its authorized fimctions and in accordance'with the Constitution federal statutes and presidential directives The collection retention and dissemination of infonnation concerning U S persons may be undertaken only in accordance with Attorney General-approved procedures PPD-28 and Firm Partners The Committee s questions reference the statement in your Journal op-ed that Presidential Policy Directive-28 bestows privacyrights on foreigners and' imposes - burdensome requirements to justify data collection Please answer the following additional questions a What do you see as the possible costs to bilateral relationships including bilateral intelligence relationships to eliminating or modifying PPD 28 The effect of eliminating or modifying PPD 28 will depend on the weci c countries involved and the speci c nature of any changes Some coinitries for example have intelligence laws in effect that are somewhat more liberal than the restrictions in PPD 28 and those countries might not object if the U S modi ed PPD 28 to be more in line with their own laws Other nations might be consumed about a modi cation to PPD 28 and seek a bilateral agreement with respect to its citizens I Concerns about U S surveillance activities have led to litigation' in Europe that promptedthe Court of Justice of the European Union to strike down the Safe Harbor Agreement which was the legal basis for companies transfers of data betweenth'e EU and the U 8 As CIA Director would you supportreforms to U S surveillance programs in order to address these developmental These' issues a ect multiple agencies as well as the private sector If con rmed I will engage with our partners inside-and outside of government to ensure we have a holistic lmderstanding of concerns related to U S surveillance programs before undertaking - changes or reforms if those are determined to be necessary and applicable I Is iteve'r appropriate for U S person information collectedinbulk by aforeign partner to he obtained used and disseminated by the Intelligence Community If so what limitations should be applied I understand that in full compliance with law and Attorney General guidelines it may be appropriate for CIA to collect information in bulk To the extent U S person information' rs involved CIA follows regulations and Attorney General approved guidelines' in handling of such information Ifa foreign partner furnishes U S person information I understand that information would also be handled pursuant to CIA regulations and Attorney General-approved guidelines At times U S person - information may be highly relevant to protection of the country such as a case where a U S person abroad is engaged in armed hostilities or planning for attacks to kill Eednomic saying a 0 According to the policies and procedures related to signals intelligence The collection of foreign private commercial estimation or trade secrets is authorized only toprotect the national security of the United States or its partners and allies It is not an authorized foreign intelligence or cormterintelligencepmpase to collect such irJormatton to a 'ord a conmetitive advantage to U S companies and US business sectors commercially Certain economicpwposes such as identi nng trade or sanctions violations or government in uence or direction shall not constitute competitive Marriage - How will you ensure that CIA collection and analysis' rs not used to advance the competitive advantage of U S companies and business sectors in which members of the administration their families and associates have an interest I understand there are already Agency policies to prohibit CIA o icers from collecting or information purely to provide a U S business with a competitive advantage If con rmed I look forward to learning more about these policies and evaluating their e 'ectiveness - - Enmtion I Inyour Journal op-ed you wrote that the use of strong in personal comrmmications may itself be a red Are there any circumstances in which the use of strong could he a basis for surveillance particularly of U S persons CIA is prohibited from conducting electronic surveillance inside the United States except in limited circumstances The CIA may conduct electronic surveillance of a U S prion who is located outsidethe ifthereisprobable causeto believe ieU S personis an agent of a foreign power and upon obtaining a warrant by the Foreign Intelligence Smeillance Court In my View a U3 person s use of strong would not be suf cient by itself to cause thatthepersonis an agentofaforeignpower However personhasbeenincontactwith known orsuspected terrorists viewed or posted violent extremist propaganda onlinc armed a desire to conduct a Homeland attack and recemly started using communications his or her use of those communications should be considered' in the course of the FBI inve gation into the person Qterrogation The FY 2016 National Defense Authorization Act prohibited any interrogation techniques not listed in the Army Field Manual AFM Do you agree that under current law the use of interrogation mchniques not authorized by the AFM including the CIA's former enhanwd interrogation wchniques is illegal under any circurristances Section 1045 of the National Defense Authorization Act for FY2016 providesthatno individualinU S custody maybesubjeetedto any interrogation wchniqueorapproach - BxecutiveOrder13491 illegal Otherstatutes theTortm'eStamte and the War Crimes Act would prohibit catain interrogation techniques alone or in combination 0 Ifyouare toanthorize interrogationtechniquesthat are not Army Field Manual and are therefore illegal how would you respond Ialso donotacceptthe hypothetical premise to this question Ihave no reason to believe that President Trump willdirectmenottofollowthe law andeill followthe law - Ihaveno eiqrecta on of receiving any directions that law 0 Will you committo in onningthe full Commitme ofeny changes to detention'end interrogation policy that deter- lion and interrogation issues are of interest to the congressional intelligence committees and I am committed to keeping you fully and currently informed Whatisyour view oprpendixMoftheArmyField Mannal AFM anditspotentlal nabuse Would you recommendarewritingoftheAFM inordertoeuthorlze whichmaybebetterpositionedto provideeview ectivitiesto comply withthe law under appropriate oversight theAnnyFieldManuelisneeded If wi i And Iwouldexpecttoconsultwiththe full congressional Intelligence Committees on any di erenws that are appropriate 0 Last Augustine High-Value Detainee Interrogation Group HTG re1emedits rst aseessmentofinten-ogationbest practices Have you read this report Mfso what lessons have you taken nm it Yealhavereadthereport includingthat interrogation is a team effort interrogations should be planned and 0131mm ltookawaythatthedocumentisa helpful high level overview of organization and planning strategies Icerteinlyrespeot ie Iallowforthe possibilitythat others may have di erent views however With regard to the public release ofthe Executive Summary ofthe Committee 3 Study of the CIA sDetentionand released stated Itisherdtoimagineasound reasonthet operatorsand their 'l he sad conclusionleftopen report isthereeult i duty to the Although you directed your attack at then-Chairman Dianne Feimtein your criticisms would apply to all members om both parties who suppormd the releue of i the Executive Summary 0 Why should your reaction to the Committee s release of the Executive Summarynot be interpreted as antipathy toward the role of congressional oversight of the Do you believe thatU S Senators from both parties who release ofthe Study acted at odds with their dutytothecountry My statement did not express antipathy towardthe important role of congressional oversight oftheCIA thatlhave been apartofsuchoversightinmyroleas amanber Inmyresponseato theCommittee Ibaveexpressed atlengdimy viewsontheimportant role oversightoftheCIAand re importance ofbepingthe Committee fullyand currently informed AsaMemberofthe HPSCI Iunderstand and have a great appreciation for the role of congressional oversight in our democracy No I do'notbelievethatSenatorswbo supported the release ofthe reportedacted at odds withtbeirdutyto the country WhileI stand bymy concemsabouttherelease oftbereport I realize this discussion of activities many of which took place over a decade ago and before I joined Congress is the subject of signi cant disagreement including among Senators and with the Administration Ifeel professionalswho are asked to do dif cultand dangerous deserveomgratimde notendless investigationsamiscorn 0 When you made those accusations had you read theExecutive Summaryinfull fnot have you read itinfull since then7lfso doyou stand byyourongmalstatement Summary buthadnotreviewedin ill full I What lessonshave youtaken frr'nn detail'any The Executive Summary details activities as aclmowledged bythe Agency that were not authorized ofstandingupanactivity' country Agency concerningoversight compliaace Regardingconcerns worded abetutheeffecttherelease ofthereportwouldhave on Americans serving overseas and the message that CIA o cers might draw from its conclusions Afull recitation ofthecharges and countereharges would be impossible in this format President Obama s administration has detailed a number of disagreements with the Executive summary and the conclusions drawn gathered omtheactivity Ihavenoteam'edoutmy own investigation but have no basis for disagreeing with the view of the Administration and intelligenceprofessionals whohavesetformmeirviewofthe value ofthe intelligme gathered However the report is an example of aggrve congressional oversight andI respect the Committee s work especially its oversight function which is core to our democracy 0 Have you read the ll classi ed Study or portions thereof If not will you agree to do so I ve read the unclassi ed Executive Summary and small parts of the classi ed study If con rmed I will be happy to review parts of the classi ed Study relevant to the position of DCIA and the SSCI Sincetherelease ofthe ExecutiveSummaryovertwoyeam ago therehavebeenno indicationsthat the release resulted in attacks on Americans What lessons have you taken fromthis Summaryon It itistheease thattherehave beennoattacks wearefortunate 0 You have stated that the Detention and Interrogation Program was operated with the full knowledge of Senator Feinstein Senator Feinstein did not become Chairman until 2009 The CIA hasnot disputed that the lirllCommitteeabout the programon September6 2006 morethan four years alter the programwas initiawd Do you have any additional informationtao indicate Imowled'ge on behalf of Committee members records detailingthebrie ngs provided to numerous members of the congressional leada ship and intelligence committees andnow understand that brie ngs didnotinclude the lCommitteeun lZOOG A mm The United States recognizesits ob ga ommder the ConventionAgaimt Torture notto expeLremm refouler orextraditeaperson toanother state where thereare substantial groundsfor believing that he would be in danger of being subjected to torture - Do you support this prohibition in all Yes I support complying with current law - Ifthe CIA were involved in or were to provide intelligence or other support to an extradition or rendition to what extent do you believe the CIA should direct resources to collect on whether there are substantial for believing that the detainee' 1s in danger - of being subjected to torture I understand CIA directs intelligence resources to rmderstand the practice s of other countries including at times the treatment of detained persons by other countries As I have outlined in other responses Irmderstandthe U S adheres to certain obligations related to American involvement' in transfers of a person and CIA would respond to intelligence requirements related to such transfer and obligations pursuant to intelligence priorities and tasking To what extent should the U S Government rely on diplomatic assurances providedhy countries to which detainees may be extradited or rendered Should such assurances be accepted 'om countries with established records of committing torture I understand that assumees provided by other countries have been a valuable tool for ensuring that detainees are treated humanely In most cases other countries are likely to treat assurances provided to the United States government as an important matter Like any commitment the credibility of any assurances should be assessed on'a case-by-case basis in light of all the relevant factors including the practices ofthe country providing the assurances as well as that country record of complying with similar assurances provided to the United States and other countries Guantanamo and mm commissions a You have made comments indicating that individuals captured by the US abroad should not be prosecutedin federal- _ com't but rather in the military commissions in Guantanamo Some of your comments were made beforemany of the problems with the military commissions became apparent and before numerous additional successful convictions of terrorists in federal com-t Given these developments do you still believe that terrorist suspects captured abroad should always be prosecuted in the military commissions or are there circumstances inwhich it rs more appropriate to try them in federal court As a policymaker I spoke publically regarding my belief that military commissions played an important role protecting Americaand ensuring the prosecution of terrorists captured abroad In certain situations federal court may be a suitable venue depending on the name of the individual s conduct the charges and other circumstances The decision regarding the appropriate method for detention and prosecution is not made by the DCIA - um The trials inthemilitary commissionshave been delayedinpart because ofdisputes over access to information related to the Detention andInterrogation Program How would you propose to resolve these disputes and accelerate the trials I understand that CIA has provided the Office of the Chief Prosecutor for the Military Commissions access to alarge amount of information related to the CIA former Detention and Interrogation Program in order to meet its discovery obligations and prepare for the pending prosecutions conducted at the us Naval Base at Guantanamo Bay Cuba Ifcon rmed Iwillbecommittedto ensuringCIA continuestoprovidethis assistanceto the Chief Prosecutor while also protecting us intelligence sources and methods 0 On July 19 2013 you stated that none of those who were still inGuantanamo at that time should be released Since then the'Periodic Revievv Board has determinedthat several individuals were detained bued at least in part on mistaken identity In addition according to Intelligence Community estimates the majority of released detainees are living peaceful lives Do these developments change your 2013 assessment Are there circumstances in which individuals may be transferred to home or third countries The Periodic Review Board is an interagency entity responsible for determining whether continued law of war detention ofa detainee 1s warrarrted' in order to protect against a signi cant threat to the security of the United States It is vital that the Periodic Review Board consider all relevant intelligence related to a detainee when making its decision Obviously if there wee to be a true case Of mistaken identity it were to be determined - that a person believed to be' in detention was not that person- -then continued detention of that person based on the erroneous information should be ended In every case the role regarding Guantanamo detainees is limited 0 Who if anyone should be detained in Guantanamo Please describe the circumstances including membership in which groups that would warrant such a detention Itis myunderstandingthattheCIAdoes not decide who shouldbedetainedatthe U S Naval Base in Guantanamo Bay Such decisionsultimately are made by the President and the U 3 Congress The individuals cmrently detained at Guantanamo are designated as enemy combatants or persons engaged' in hostilities against the Unimd States or its coalition partners timing an armed con ict gagaonshigs with Fom'gg rum and Us a Director Brennan s August 6 2016 letter stated that w hen we choose to continue a liaison relationship despite allegations of human rights abuses by individuals associated with a liaison service CIA policy requires that wetake several steps to inform our US Government partners and to mitigatethe risk of iture humanrigbts abuses First we advise the local Chief of Mission of concerns and seek the Chief of Mission's input on whether to'continue the liaison relationship Which U S Government partners do you believe should be informedwhen the CIA decides to continue a liaison relationship despite allegations of human rights abuses What role should the Bureau of Intelligence and Research and other components of the US I Department of State play in considering the policy implications of these relationships As' 15 standing practice if I am con rmed CIA will continue to coordinate with the local Chief of Missron regarding any credible allegations of human nights violations I also anticipate CIA continuing to coordinate intention to continue a relationship with the liaison service in question In weighing the risk-bene t factor of each relationship CIA will also continue to take into consideration the Department of State s Annual Human Rights Report for each country On a select basis and 1f appropriate CIA may also inform other U S Government partners of any human rights 1ssues that could affect the equities of the other U S Govemment partner - 22 U S C 3927 states that Under the shaman of the President the chief ofrnissionto a foreign country shall have full responsibility for the direction coordination and supervision of all Government executive branch employees' that Do you believe that absent direction from the President the CIA 1s obligated to cease intelligence activities including but not limited to liaison relationships that do not have the approval of the chief of mission The relationship between the CIA and the Department of State' 1s crucial both' 111 Washington and' 1n the eld I look forward to working m'th the Department of State on issues ofmutual concern ifI am con rmed as Director lfa disagreement should arise with the Department of State concerning a CIA intelligence activity I Will seek to resolve the disagreement with the Secretary of State or in the extremely rare circumstances' at which the disagreement could not be resolved seek rrther guidance from the President Please describe how you would weigh the costs and bene ts of workingwith a liaison service that has engagedinhuman ghts abuses What limitations do you believe should be placed on intelligence sharing with foreign partners who may use our intelligence to repress political opponents or violate human rights Under my d_ir_ectipn _ if con rmed each decision regarding the costs and bene ts of working with a liaison service alleged to have engaged' 1n human rights abuse will continue to be weighed on an individual basis balancing the unique utility or speci c access a particular liaison service could provide Any decision to continue a liaison relationship should only be made if the value to the relationship clearly outweighs the risk of rture potential human rights abuse A decision to limit a liaison relationship should be made on a case-by-case basis and will di er from liaison service to liaison service ccountahili a The Response to the Committee Study included a recommendation to broaden the scope of accountability reviews to address any systemic' 1ssues revealed by the case and to expandthe scope of the review as warranted to include of cers responsible for those systemic problems Do you commit to implementing this recommendation area which ifcon rmed will implement As Director I will continue to look for ways to improve Russia How do you assess the impact on morale at the CIA from the president-elect s comments about the analysis on Russia and the US election If con rmed how would you address this impact At this time I am not in a position to make a judgment on this question Generally however if continued I will makeclear to the workforce that their job remains to provide and collect the best intelligence and to analyze it faithfully and objectively Before the election you wrote that t he next commander-in-chief must be clear- eyed steel-hearted and unflinching' 1n the face of terrorism Putin's imperialism and Chinese aggression How should that posture be re ected' in intelligence activities and priorities The U S has more national security challenges on the horizon than at any other time 1 can remember If con rmed one of my jobs as Director will be to array our collection and analytic resources against these threats to ensure urgency onthe most critical threats and global coverage to monitor rising issues The White House and 55m 'es The Report of the Congressional Committees Investigating the Iran-Contra A air November 1987 found that The NSC staf was created to give the President policy advice on major national security and foreign policy issues Here however it was used to gather intelligence and conduct covert operations Hair departure am its proper Motions contributed to policy failure Do you agree with the dangers of intelligence collection and covert operations conducted by the White House as described in the Iran-Contra report How as CIA Director will you seek to ensure that intelligence activities are Intelligence Community and noti ed to Congress I agree that intelligence aetivitios must be conducted within the comprehensive statutory 7 framework In addition to the requirement under Section 502 of the National Security Act to keep the intelligence committees illy and amently infomed of all intelligence activities Section 503 requires that the heads of all deparMents agencies and entities of theUnited States Government involved in a covert action shall keep the congressional intelligence committees fully and currently informed of all covert actions which are the responsibility of are engaged in by or are carried out for or on' behalfof any department agency or entity of the United States Government -o ional Ove 0 What would your responsebe ifthe Presidentorthe White House instrucmdyou to withholdinformation omthe fullCommittee Ifcon rmed Iwill committo keepingtheMembers andsta 'ofthe congressional intelligence committees fully and currently informed of the intelligence activities consistent with due regard for the protection from unauthorized disclosure of classi ed information relating to sensitive intelligence sauces and methods or other exceptionally sensitivematters Committee Note home the President as the head of the executive branch has - authority over the disclosure of properly clami ed executive branch information Such authority includes the responsibility to disclose information as the law requires but also to undertake such measures as deemed necessary to promct national security and protectthe privileges and oon dences necessary for the President to ful ll the of ce's constitutional The Committeerelies on its sta for assessmentsofthe policy budgetaryand legal implications of intelligence activities Will you commit to ensuring that all sta including member duignees are read into all CIA programs Ifconfnmed I will committo keepingthe Members and staffofthe congressional intelligence committees fully and currently informed of the intelligence activities consistent with due regard for the protection from unauthorized disclosure of classi ed information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters Note however the President as the head ofthe-executive branch has authority over the disclosure of properly classi ed executivebranch information Such authority includes the responsibility to-Mose information as the law requires but also to undertake suehmeasures deemednecessarytc protectnational security andprotectthe privileges and con dences necessary for the President to the of ce s constitutional duties Hisdeterminationthatall be appropriate in certain limited circumstances What is youn- view ofthe Gang of Eight provision - whichitcan beused for otherthan mc sensitivetacticalmatters Can itbeused to limit brie ngson activitiesother thancovertaction and ifso what would bethe stanitory any circumstancesinwhich itcsn beused toomeal 'omthe analyses related taintelligence activities Ifcon rmed Iwill andstaft ofthe congressional intelligence committees fully and currently informed of the CIA's intelligence activities consistentwith disclosure ofclassi ed infonnstionrelatingto sensitive intelligencesomces andmethods crotherexceptionally sensitive matters Note however the President as the head of the executive branch has authority over the disclosure of properly classi ed executive branch information Such authority includes the responsibility to disclose information as the law requires but'also to undertake such measures deemed necessary to protect national security and protect the privileges and con dences necessary for the President to ful ll the of ce s constitutional duties Regarding covert action Section 503 of the National Security Act provides that if the President determines that it is essential to limit access to a covert action nding or noti cation of a change to a previously approved covert action noti cation may be limited to the chairmen and ranking minority members of the congressional intelligence committees the Speaker and minority leader ofthe House of Representatives the majority and minority leaders of the Senate and such other member or members of the congressional leadership as may be included by the President When the President detennines that noti cation should be limited a written statement of the reasons for limiting access will be provided The Act requires that not later than 180 days thereafter the President shall ensure that all members of the congressional intelligence committees are noti ed or provide a statement of reasons why access to the noti cation must remain limited Furthermore when covert action noti cation is limited the Act requires that the President notify all congressional intelligence committee members that noti cation has been limited tothose individuals noted above as well as provide a general description regarding the nding or noti cation consistent with the reasons for not informing all members of the committee Beam ations of Terrorist Groups 0 If con rmed as Director of CIA you may have some input into government determinations about which groups should be designated terrorist organiZations Please provide details about the criteria you believe should be used to make such a determination Once a designation is made how broadly do you believe it should apply to affiliated groups and individuals I understand the criteria used' designating a group a terrorist organization depends upon the context in which the designation rs being made The Secretary of State designates Foreign Terrorist Organizations for example accordance with section 219 of the Immigration and Nationality Act INA as amended The criteria for such a designation are set forth- in the statute The organization must be a foreign organimtion it must engage in terrorist activity or retain the capability and intent to engage in terrorist activity or terrorism and its terrorist activity must threaten the security of U S nationals or the national security of the United States If con rmed I will ensure that CIA provides the agencies responsible for making designation determinations with the relevant intelligence to help inform their review What measures would you take to ensure that Muslim civil rights and advocacy groups as well as legitimate charities are not adversely a 'ected as a result of these designations If continued I will ensure that CIA continues to conduct its intelligence mission in a duly authorized and appropriate manner under its current authorities including Executive Order 12333 and its implementing Attorney General-approved guidelines I will also ensure that CIA remains focused on its statutory mission and conducts its mission in a non- discriminatory manner Please describe your view of the legal and policy implications of targeting or otherwise a U S person in a U S Government lethal operation What additional public transparency do you believe would be wanmrtedinthat situation In previous con icts U S citizens fought 1n foreign armies against the United States including with the Axis countries during World War II Today there are American citizen members and al- -Qa' ida Some of them are in Iraq and Syria where the U S Governm'ent' 1s bombing Longstanding legal principles and court decisions con rm that being a U S citizen does not' mnnunize a combatant from attack - However when the United States knows in advance that the speci c object of its attack is an individual U S citizen it proceeds on the assumption that constitutional rights in particular the Fifth Amendment s Due Process Clause and the Fourth Amendment s prohibition on unreasonable searches and seizures attach to the U S citizen even while the individual' 1s abroad Those rights are considered' in assessing whether it is lawful to' target the individual The Obama administrationhas made a distinctionbetweenlethal strikes that are carried out in places it considers part of areas of active hostilities andthose that take place outside than areas Do you supportthis distinction as well as the application of the standards requ rements and guidelines contained in the Presidential Policy Guidance If not please desen be any modi cations you will suggest The 22 May 2013 Direct Action PPG provides policy standards and procedures for undertaking direct action against terrorist targetsoutside the United States and outside areas of active hostilities The phrase mas of active hostilities is not a legal term of art it is a term speci c to the PPG For the purpose of the PPG the determination that a reg'on is an area of active hostilities takes into account among other things the scape and inmnsity of the ghting Afghanistan Iraq and Syria are amenity considered to be areas of active hostilities which means that the PPG does not apply to opaations in those locations In general the policy standards contained' 1n the PPG exceed the requirements of the law of armed con ict Were I to be con rmed I would plan to participate' in any interagency evaluation of the PPG and its implications for the war on terrorism Do you support Executive Order 13732 which includes public reporting requirments on combatant and non-combatant casualties for strikes that take place outside areas of active hostilities a commitment to review or investigate incidents involving civilian casualties and to consider information om non-governmental organizations in that -- - review and aeommiunentto provide as appropriate ex gratia payments to civilians who are injured or to the families of civilians who are killed in U S strikes Ifnot please describe any modi cations you would suggest Executive Order 13732 onUnited States Policy on Pre- and Post-Strike Measures To Address Civilian Casualties' U S Operations Involving the Use of Force describes the U S Government s e orts to protect civilians' the context of operations involving the use of force Any civilian casualty' rs tragic and ifcon rmed I am committed to ensuring that CIA provides timely int lligence to enable effective counterterrorism operations while preventing the loss ofinnocentlives - 0n December2 2015 now-President-elect Donald Trump stated the following The other thing with the terrorists is you have to take out their families when you get these terrorists you have to take out their families They care about their lives don t kid yourself When they say they don t care about their lives you have to take out their families Do you agree thatthis would be a violation of international law I understand that a variety of laws both U S and international would be implicated by intentional targeting of persons not presenting a threat to the 5 its allies or otherwise a lawful target under existing law I understand that a number of laws may prohibit such targeting depending on the speci c context such as considerations of collateral damage that may result from activity directed ate law ll target As stated throughout my answers I will always act in accordance with the law should I be con rmed as DCIA BA 0 Director Brennanhas said that undoing the Joint ComprehensivePlen of Action JCPOA would be disastrous and the height of folly and wouldrisk empowering hardliners in Iran What impact do you behave the dismantling of the JCPOA would have on Iran and on regional security and stability This' 1s a complicated' Issue which deserves a esh look I anticipate that the U S relationship with the Islamic Republic of Iran and re full range of Iran s activities from nuclear and missile proliferation in fornenting instability and supporting terrorism will be top of mind for the President elect Generally if con rmed I will endeavor to answer such questions on a strictly objective basis using the best analysis from the Agency I will be always mindful that the DCIA's role is to inform policymakers not to make policy Do you believe that the inteme onal sanctions regime that existed prior to the JCPOA couldbe rebuilt in the event of a unilateral U S withdrawal 'cmthe agreement Please refer to my answer above - - You stated at a roundtable with reporters that In an unclassi ed setting it is under 2 000 sorties to destroy the Iranian nuclear capacity This is not an insurmountable task for the coalition forces What do you believe would be the consequences of military Operations against Iran Certainly major military action of any kind against Iran would have profound geopolitical consequences for the U S and at least in the region where U S action would be taken I certainly subscribe to the view that military action should be the option of last resort and that the U S should bring all elements of national power to bear before resorting to force If con rmed I will be committed to the role in providing intelligence to policymakers not making policy Budgeta Mntten-a 0 Where do you believe the CIA and the broader Intelligence Community could bene t from increased resources Where do you believe there is waste inef ciencies or areas of lower strategic priorities where there are opportunities for cost savings The range diversity and immediacy of the' 1ssues that the Intelligence Community faces each day' 1s fonnidable and it is even more complex with the pace of technological advanc- ents A stable budget environment' 18 key to enabling the - Intelligence to make purpose il long term investments necessary to address these challenges My understanding is that Cm is well postured to take on those challenges However additional resources would enable the agency to advance technology at a faster pace and' improve the Agency' ability to deal with the uncertainty of the future The most important resource to conduct its mission is the agency workforce and it must continue to attract develop and retain a workforce that is prepared to take on the challenges we face If con rmed I will work with the DNI and my colleagues across the Intelligence Community to nd the most ef cient way of conducting our vital mission Intemal to the CIA I will drive for the most effective use of our resumes and to align them to the highest priorities Attitudes Toward Islam 0 If con rmed as Director how would you ensure that our Muslim partners overseas continue to want to work with the United States during this AdminiStration Foreign governments and pmtners of all types choose to workwith CIA when they view the partnership as in their own national interest I 1mderstand CIA has many areas of mutual interest and concern with partners across a spectrum of issues including political military security economic terrorism proliferation environmental and technological In addition to shared intelligence and security challenges working with the U S and CIA brings a combination of resources capabilities and status that are not and partners including those om predominantly Muslim countries by focusing on these areas ofmutual concemandinterests lfcon rmedas' CIA Director how would you ensure that Muslim CIAemployees 'feelthey areprotectedand valuedandthattheyhave anally in reof ce ofthe Director PHowvmuld you maintain the abilityofthe continueto recruit of cersofMuslim disparagingremarlm made 'bymembers of the incoming Administration 'Ifcon nnedeillplan uiticalto CIA'smission Iwillothetwisetakeany invokingthea ppropriateremedialac on ontheir religion' 1s deeply objectionable and will not be tolermd                     National Security Archive    Suite 701  Gelman Library  The George Washington University    2130 H Street  NW  Washington  D C  20037    Phone  202 994‐7000  Fax  202 994‐7005  nsarchiv@gwu edu