SENATE SELECT COMMITTEE ON INTELLIGENCE REPORTING PROCEDURES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M00165A000600150007-6
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 7
• Document Creation Date: December 15, 2016
• Document Release Date: March 10, 2004
• Sequence Number: 7
• Publication Date: March 9, 1977
• Content Type: MF

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9 March 1977
41
MEMORANDUM FOR:
Director of Central Intelligence
THROUGH:
Deputy Director of Central Intelligence.
FROM:
Anthony A. Lapham
General Counsel
SUBJECT:
Senate Select Committee on Intelligence Reporting
Procedures
1. At his confirmation hearing last June, Mr. Knoche committed
himself to give the Senate Select Committee on Intelligence (SSCI) reports
similar to the reports submitted to the Intelligence Oversight Board (IOB)
by the CIA Inspector General and General Counsel. You made an equiva-
lent commitment at your own confirmation hearing, transcript pages 88-89.
2. The arrangements we proposed to the SSCI in this regard are
spelled out in a letter from Mr. Knoche to Senator Inouye dated 21 January
1977, a copy attached at Tab A, and a copy of Senator Inouye's reply, dated
3 March 1977, indicating basic acceptance of our proposals, is attached at
Tab B. Pursuant to these arrangements the Inspector General and I have
prepared separate reports to the SSCI, covering in. summary form all items
discussed in our several separate reports to the IOB during the period 30
June 1976 through 31 January 1977. These draft reports to the SSCI have
been sent both to Bob Lipshutz, Counsel to the President, and Dave Aaron
of the NSC Staff for their review on the President's behalf.. Copies of my
covering letter to Mr. Lipshutz, and the two draft reports, are attached
at Tab C. You will note that, in Senator Inouye's letter to you of 3 March,
he asks for notification in the event the President instructs you not to
report any particular activity to the SSCI.
3. We have had word through the NSC Staff that Mr. Brzezinski
believes you should describe the Agency's reporting arrangements with the
SSCI, and the background of those arrangements, at your next meeting with
the President. Obviously it would be difficult to withdraw from these
arrangements given the confirmation hearing commitments given by both
you and Mr. Knoche.
4. I am preparing for your signature a reply to Senator Inouye's
letter of 3 March.
Attachments
/$/ Anthony A. Zapla
Anthony A. Lapham
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1 - ER via Ex Secty w/o/att
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NOW,
 DANIEL K. INOtftE, HAWAII. CHAIRMAN
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ADLAI E. STEVENSON, JC.L. STROM THURMOND, S.OREG. C. L
WALTER U. HUDOL STON. KY. MAINE BAMARK 0, RRY GOLDWAT R ARIZ, ~, (~
JOSEPH R. BIDEN JR. ROBERT T. STAFFORD, ROBERT 14ORGAN: N C.DEL. CHARLES MCC. ATHIAS.?JR.. MD. 'niff eb ,~f cz$e. ' .S 61~c:~f e_
GARY HART, COLO.
SELECT COMMITTEE ON INTELLIGENCE
(PURSUANT TO s. HES. 400. Mm CONGRESS)
WASHINGTON. D.C. 20510
March 3, 1977
IN REPLY PLEASE.
REFER TO R#6693
Adm. Stansfield Turner
Director of Central Intelligence
Central Intelligence Agency
Washington, D. C. 20505
Dear Adm. Turner:
I am writing in response to Deputy Director Knoche's
letter to me of 21 January 1977.
That letter set out his proposal for reports to the
Senate Select Committee on Intelligence on CIA activities
that raise questions of legality or propriety. While I
believe the proposal provides a sensible basic procedure,
there are several things about it which concern me.
Under Mr. Knoche's proposal, it is possible that the
Senate Select Committee would never be informed of certain
activities referred to the Intelligence Oversight Board.
This would be the case if the President ordered the Central
Intelligence Agency not to report such activities to the
Congress. Under S. Res. 400 of the 94th Congress, 2d Session,
the Senate expressed its sense that "the head of each
department and agency of the United States would keep the
select committee fully and currently informed with respect
to intelligence activities, including any significant anti-
cipated activities, which are the responsibility of or
engaged in by such department or agency". Given such a
charge it is necessary for the Senate Select Committee to
request that should the President order you not to report
on a particular activity to the Senate Select Committee
that you report that instruction to the Senate Select Com-
mittee. The Senate Select Committee and the Senate can
then address its inquiries directly to the President.
I believe that the thirty day maximum withholding
period described in the letter is a reasonable proposal.
I assume, of course, that whenever possible reports would
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Adm. Stansfield Turner
March 3, 1977
Page 2
be made before the thirty days elapsed. It is clear that
certain matters, particularly those whose disclosure would
be damaging or embarrassing, should be brought immediately
to the attention of the Senate Select Committee. The
Senate Select Committee's report on will? I
believe, make clear the Committee's belief that the
failure to bring such matters as this to the attention of
the Select Committee should not occur again; similarly,
the Committee should be apprised in the future of question-
able activities in a timely manner.
Under Mr. Knoche's proposal, the Committee would be
provided a quarterly report on the number of possible
criminal offenses reported to the Department of Justice
and the number closed out by Department of Justice decisions
to prosecute or not to prosecute. The Committee has no
desire to impede Department of Justice investigations or
to interfere with the rights of Americans. There may be
in the future, however, instances where the Committee must
be told of ongoing investigations, disclosure of which
would be damaging or embarrassing. This has been done in
the past and the Committee expects that it will continue
to be done in the future, supplemented by the reports
described in Mr. Knoche's letter. Disclosure of these
investigations to the Committee need not be in elaborate
detail; notification that an allegation has been referred
to the Attorney General, with a brief description of the
issue, will in most cases be sufficient. The Senate
Select Committee or the Senate will then be able to
address more detailed further inquiries to the Attorney
General.
Finally, under Executive Order 11905, the Inspector
General and General Counsel of the CIA are'required to
notify the Intelligence Oversight Board if their reports
are blocked or if they are refused access to information.
In order to meet the responsibilities mandated by S. Res.
400 to oversee the intelligence community, the Senate
Select Committee has a similar requirement that both the
Inspector General and the General Counsel report any such
interference with their work to the Committee.
I believe that the suggested additions to Mr. Knoche's
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Adm. Stansfield Turner
March 3, 1977
Page 3
constructive proposal are in the best interests of the
Central Intelligence Agency, the national intelligence
community as a whole, and the Senate Select Committee on
Intelligence.
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 UNCLASSIFIED CONFIDENTIAL SECRET
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SUSPENSE
ACTION
DATE I INITIAL
Remarks:
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28 Feb. 1977
' is This is another example of the Agency's getting out
in front of the White House. Here is part of a CIA paper
going to the Senate Select Committee on what the CIA
has reported to the IOB (including several items which '
pre-date the E. O. requiring this reporting). There are
a number of things here of which Dr. Brzezinski. probably
is not aware. Even'when the IOB reported things to the
President, at least in the previous Administration, it did
not go through the A ssistant to the President for National
Security Affairs. I think the DCI should be concerned
that Senator Inouye or other SSC member may query
Dr. Brzezinski or the President about an item of which
they are not aware. RRR
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