Letter to Edward P. Boland from Stansfield Turner on Reporting Intelligence Abuses

Approved For Release 2002/05/22. GIA-RDP85-00821 R000100070002-7 Eaesuuves Peginry, . oe 78-8177 7 —_ 92 NOV 1978 Honorable Edward P. Boland, , Chairman OS REGISTRY ~ Permanent Select Committee on Intelligence iL House of Representatives Washington, D. C. 20515 Dear Mr. Chairman: I have been asked by the Counsel to the President to transmit to you the enclosed copy of the President's letter to me of 19 September 1978. That letter impleme nts Sectio n| 3-403 of Executive Order 12036by establishing a stanGar d to be followed in reporting to your Committee “information relating to intelli gence activit ies that are illegal or improper and corrective actions that are taken or planned." I of course will assume responsibility for reporting to your Committee under the President's standard so far as concerns activities of CIA. So far as concerns activities of other intelligence agencies, I am informed that the President has sent letters similar to the enclosure to the Attorney General, relative to the FBI, and to the Secretary of Defense. . . Yours sincerely, /s/ Stansfield Turnes q+ STANSPSELD TURNER Enclosure cc: Honorable Robert J. Lipshutz Counsel to the President ' - / OGC:AAL: sin Original - DCI _ OGC Senate Select,Committee on Intelligence Subj: 1 - OGC House Permanent Select Committee on Intellligend Subj: c.r.- 1 - AAL signer 1 - Chrono 1 - DCL. 1 - DDCT 1 - ER via Ex Secty 1 - OLC 1 - 1G Approved For Release 2002/05/29 : CIA-RDP85-00821R000100070002-7  Approved For Release 2002 2/CIA-RDP85-00821R QO1000Z0ND2.7, Wahingen 0 CSS oce 76-8/7) / 22 NOV 1978 k FIL , Honorable Birch Bayh, Chairman Select Committee on Intelligence a United States Senate . Washington, D-C. 20510 Dear Mr. Chaixman: { have been asked by the Counsel to the President to transmit to you the enclosed copy of the President's letter to me of 19 September 1978. That letter implements Section 3-403 of Executive Order 12036-by establishing a standard to be followed in reporting to your Committee "information relating to intelligence activities that are illegal or improper and corrective action s that are taken or planned.” I of course will assume responsibility for reporting to your Committee under the President's standard so far as concerns activities of CIA. So far as concerns activities of other intelligence agencie s, I am informed that the President has sent letters similar to the enclosure to the Attorney General, relative to the FBI, and to the Secretary of Defense. ~* Yours sincerely, /s/ Stansfield Turner ~ STANSFEELD TURNER Enclosure cc: Honorable Robert J. Lipshutz Counsel to the President ; ' OGC:AAL: sin - oo, / Original - bDCcTI on Intel ligen ce OGC Subj: Senate Select: Committee Intellligen 1 - OGC Subj: House Permanent Select Committee on c.r. - AAL signer ~ Chrono - DCT DoCcrI - ER via Ex Secty : OLC - - oe onl ool all edit ~ Aproved For Release 2002/05/29 : CIA-RDP85-00821R000100070002-7  iseste OGC 7 £- 7-2 WASHINGTON A pproveded F For Rielease aber : CLASBQP85-008 50 7 Dear Stan: October 23, you are In response to, your letter of "appropriate phrase, in the interpretation of the Senate Select to mean the Congressional committees", se Permanent Select the Hou Committee on Intelligence and - Committee on Intelligence. this letter to these two Regarding the transmission. of be preferable for you to committees, I believe it would these two do so yourself. You also might wish to advise _ was sent by the President committees that a similar letter Bureau of Federal General, relative to the to the Attorney and to the Secretary of Defense. Investigation, Please send me a copy of your letter to the committees. Also, please advise if I can be of any further assistance in this matter. Best personal regards. Sincerely, . ROBERT J. LIPSHUTZ to the President b Counsel é‘ The Honorable Stansfield Turner Director Central Intelligence Agency Washington, D.C. 20505  | Approved For Release 2002/05/29 3a Ud KEGISIRY |p S1300070002-7 The Caamman. The committes will stand in recess for 15 inutes. _ ’ (A. brief recess wes-taken.] . The Crarmoran. Let us now resume our heanngs. Senator Huddleston? . Senator Huporxsrox. [ have no further questions, The Cuamyan. Senator Mathias, . televape eM pee re Senator Matmias. Admiral, under Executive Order 11905 the Gen. eral Counsel of the Central Intellisence Agency is required to make reports to the Intelligence Oversight Bonrd with respect lo any im- proprieties that may come to his attention within the Central Intelhi- gence Agency. Now, my question to you is, would you, as DCI, provide is committee with the substance of thosa reports—and I am careful to say the substance, having jn mind our colloquy this morning as to certain fine points, but with the substance of those reports, so that the committee can carry out the oversight function with respect to any jmproprictics which might arise jn the future. Admiral Torwmx Yes, sir. . Senator Maruzas. Now, in the same connection, Executive Order 11905 provides for tho Intelligence Oversight Board to report to the President any activities which it deems to be improper and which it discovers within tha intelligence community as a whole. Will you, as Director, provide this committea with the substance of those reports, so that the committee can carry out its oversight func- tion again? = . Admiral Tunxex. Yes, sir. Senator Matsizas. So that we get it at two different sequential slages. tas Admiral Turwen. J see the difference you are—— . oT Senator Marazas. In the event that it moves to two different, sequentin] stages. . . Admiral Torner Yes. . . Senator Marmas. Well, I am very gratified to have your unequivo- cal answer to thosetwo questions. Admiral] Torxex. I may be in for uncquivocal problems, but I will Senator Marinas. Well, I don’t expect that.you will. Thope that we won’t have such questions arising, but I think it.is of the grentest importance for this committco to be advised of them if those problems do exist “ Now, turning to another question, in our original study of the intel- ligence community, one of the most difficult problems that we observed was the Jack of statutory charters governing tho activities of different elements of the intelligence community. Where there was no statutory charter. the boundanes of jurisdiction were: very dificult to define. They could Inck permanence. Individuals who might be affected by the activities of the community would find it dificult to ascertain exactly where their nghts bean and where they ended. ; . Jt has been a subject of concern in the Congress that we should develop statulory charters for the different. elements of the comnmunity that are not governed by charters at this fime. . _ Do you have any problem in working with the Congress in the develop ment of that kind of statulory base? ; _ FESS Sine eeeca Ta = 3 seat a po,es : al er a ee we a Sere Approved For Release 2002/05/29 : CIA-RDP85-00821R000100070002-7  . , a . Lxo~yo Approved For Release 2002 Par-/CIA-RDP85-00821R000100070002-7 score OS REGISTRY Warhingen 0 C20505 The Honorable Robert J. Lipshutz + Counsel to the President The White House- Washington, D. C. ~~ 20500 Dear Bob: The President's letter of 19 September, copy enclosed, implemented Section 3-403 of Executive Order 12036 by estab- lishing a standard that prescribes the manner in which Agency activities of questionable legality or propriety are to be reported to the “appropriate congressional committees.” { assume that for these purposes the "appropr iate congressional committees" are the Senate Select Committe e on Intellig ence and the House Permanent Select Committee on Intellig ence, there being no others mentioned in Section 3-403. _As you know, during my confirmation hearings before the SSCI ‘in February 1977, I made certain commitments. with respect to the reporting of questiona ble activitie s. A copy of the relevant portion of the hearing transcrip t is enclosed. Even apart from these commitments, I believe the two over- sight committees would have a clear right to be informed regarding the reporting standard establish ed by the President. Under the circumstances, given that the President 's standard does not coincide in all respects with my commitments, it seems to me imperative that the committees be informed. Accordingly, it is my suggestion that you transmit copies 6f the President's letter to the SSCXI and HP§CI, together with a covering note of some sort, or that you authorize me to do so. I would appreciate it if you would let me have your reaction to this suggestion. Yours, , | /s/ Stansfield Turner ~ | STANSFIELD TURNER » Enclosures OGC-AAL: sin ‘ ' 1 - DDCI 1 - ER via Ex Secty 1 - IG 1 - OLc vA ] - OGC Subj: Senate Select Committee on Intelligence Intelligence 1 - c.r. OGC Subj: House Permanent Select Committee on 1 - AAL signer 1 - Chrono Approved For Release 2002/05/29 : CIA-RDP85-00821R000100070002-7 errr  Approved FobRebagE:fodBSE rap AS REGISTR WASHINGTON September 19, 1978 fo Admiral Turner 1977, letter to as XL stated in my July 27, intelligence abuses to Senator Inouye, < consider ly be of such import that I intend to deal personalthe obli gati on of with such matters, including the congres~ Executive Branch to inform the appropriate Therefore, I am writing, pursuant sional committees. , to indicate to Section 3-4 of Executive Order 12036 for repo rtin g to congres~ the appropriate procedures ". . . information rela ting to sional committees intelligence activities that are illegal or improper planned.” and corrective actions that are taken or - Intelligence The CIA should continue to report to the of Oversight Board activities which raise questions legality or propriety. The IOB will review the matter and, if it raises a serious question, report it to me with its recommendations. If you feel that the gravity directly of a matter is such that it should be reported at the to me, the information also should be provided time to the IOB so that it can begin jts review same ’ . promptly. the I0B t after considering the reports of the CIA.and . the — and, on questions of legality, the judgmént of ions Attorney General, I will xeview any detetminat or impro per, the propo sed that an activity is illegal and the manne r and timin g of repor t— corrective action, You will then make the appro priat e ing to the Congress. commi ttees , reporton the matter to the congressional tly. except when I communicate the mattgr to them direc In the case of questions of legality or propriety which are so minor that they clearly do not need you believe brexght to my attention, you should continue to to be Approved For Release 2002/05/29 : CIA-RDP85-00821R000100070002-7- -:  7a HeheTyporadonanbe as well _eas the ADLBVER FEPREREES 409/00 28OCHOy PESwhich ant ; ! oni es, any time suspend an activit raises a serious . question of legality or impropriety, until a final . G@etexrmination is made whether the activity should be modified or discontinued and what other corrective action is required. . If in’ your judgment special circumstances require reporting an illegal or improper activity to Congress a time period shorter than those outlined here, within you should so indicate at the time the matter is re- ported to the IOB or to me. . In any event, you should discuss this concern either © with myself or the 103 before undertaking to report timeta ble. _ the matter to Congress ahead of this Sincerely, Admiral Stansfield Turner, USN. Director of Central Intelligence t ‘Washington, D.C. 20505 an Po . Approved For Release 2002/05/29 : CIA-RDP85-00821R000100070002-7 STAT Approved For Release 2002/05/29 : CIA-RDP85-00821R000100070002-7 Approved For Release 2002/05/29 : CIA-RDP85-00821R000100070002-7