Sent Via Email. No Hard Copy to Follow.

November 4, 2020
Mr. Brian C. O'Neill
Director, Information Management Services
Central Intelligence Agency
Washington, DC 20505-0001
Dear Mr. O'Neill:
The National Archives and Records Administration (NARA) has become aware of an allegation of
unauthorized disposition of federal records. This allegation is based on information received in
a letter from American Oversight dated October 22, 2020, regarding their Freedom of
Information Act (FOIA) request for emails from the account of Mike Pompeo during his tenure
as Director of the Central Intelligence Agency (CIA). In the letter, American Oversight stated
that there was evidence in the emails provided that showed that then-Director Pompeo used
his personal email account to conduct federal business.
The Federal Records Act at 44 U.S.C. 2911(a) prohibits employees from creating or sending a
record using a non-official messaging account unless the employee copies his or her official
email account when the record is first transmitted, or forwards a complete copy of the record
to the official email account within 20 days of the record's original transmission.
A review of the ​emails released ​indicates they include messages forwarded to Director
Pompeo’s official email account. However, because the full extent of Director Pompeo’s use of
private email is unclear, NARA requests that you provide confirmation that Director Pompeo
has forwarded all Federal record emails from his personal account to his official account, or has
otherwise provided the CIA with a copy of such emails. We also request a copy of the CIA’s
policies implementing the requirements of 44 U.S.C. 2911.
In accordance with 36 CFR 1230.16(b), NARA requests that you respond within 30 calendar days
to the allegation. If it is determined that an unauthorized disposition of records has occurred,
your response should detail specific actions CIA will take to address any failure to capture and
preserve Federal records, and the steps taken to mitigate future risk.

 Thank you for your attention to this matter. If you have any questions, please contact me at
laurence.brewer@nara.gov or by phone at (301) 837-1539.

Sincerely,

LAURENCE BREWER
Chief Records Officer
for the U.S. Government
cc. Daniel McGrath, American Oversight, daniel.mcgrath@americanoversight.org​