LETTER TO THE HONORABLE BIRCH BAYH FROM STANSFIELD TURNER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000200050005-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 16, 2016
• Document Release Date: October 28, 2004
• Sequence Number: 5
• Publication Date: November 16, 1978
• Content Type: LETTER

'Approved For Release 2004/C2 OZiui;C.1ATR l Sc5M00980R000200050005-0
Honorable Birch Bayh, Chairman
Honorable Barry Goldwater, Vice Chairman
Select Committee on Intelligence
United States Senate
Washinrton_, D.C. 20510
Thank you for yoq-r letter of 19 October requesting that the Agency
not disclose publicly any information and documents exchanged by the
Agency with your Corn nittee and with its predece isor, the Select
Committee to Study Governmental Operations with Respect to Intelli-
gence Activities, unless your Committee first reviews the material
and votes, for its release.
The possession of such materials in our files presents a serious
problem to CIA and undoubtedly to other intelligence agencies in
responding to requests under the Freedom. of Info rn-ia ti on and Privacy
Acts. Regardless of the fact that the Legislative Branch is not subject
to provisions of these. Acts, Congressional documents and Congressional
information reposing in Agency files become subject to detern-linations
as to releasability. We have recognized your concerns to maintain
confidentiality and have invoked your interests whenever`Congressional
documents or Congressional information become subject to release. For
example, your recent letter of 21 September to the Agency concerning
the FO.IA case requesting nondisclosure of
certain materials. o1 Committee in eres , zas been presented to the court .
The matter is still in litigation and we are hopeful that we will prevail.
You may be assured that all information or documents, or any
portiona thereof, exchanged in confidence between ~ari
Committee, and its predecessor, which are the subject of any outside
request for public release, will continue to be submitted to the Committee
for prior approval.
Our acceptance of your right to require prior approval is based on
our assumption that the Comittee will not disclose any documents or
information exchanged in confidence between the Committee and CIA without
prior Agency approval. To date, the Committee has followed this policy
and I would expect that it will be continued in the future. Neither of our
interests -,-11l be protected unless we both agree to recognize each other's
require: eats for confidentiality. If there is disagreement, I am confident.
that in a of cooperation we can resolve our differences.
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 Approved For Release 2004/12/02 : CIA-RDP81 M00980R000200050005-0
This exchange of letters will serve as mutual understanding and
assurance that all matters discussed in confidence between us will not
be disclosed until both of our interests are given due consideration.
Yours sincerely,
Dist.: Orin-Addressees
1-DCI 1-DDA
1-DDCI 1-DDO
1-FJZ 1-DDSuT
I-DD/RM 1-OGC
1-DD/NFA 1-OGC
1--DD/CT 1-D/PA'
1-C/IPS I-OLC Subject
1-OLC Chron
OLC:PLC: jms(_14 Nov 1978)
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 1,C
Cdr!kase 2004/12/02: CIA-RDP81 MO
__-
ILLEGIB
005-
-0- - --
Re the attached comments .from OGC. I would recommend that we
add the following to your pink routing sheet to the Director.
"We have noted the General Counsel's comments. We
were aware an&&_are confident that you also were aware
that the disclosure laws do not provide a specific
exemption to withhold documents of Congressional interest.
This i.s a gray area which the courts will have to decide.
The chances of prevaling in court are indeed uncertain;
however, the issue is vital to the Congress and we must
respect and uphold the mutual trust that is the foundation
of our confidential Congressional relationship. Your policy
flies that banner and it is full speed into the legal fray."
COORDINATED WITH (list names as well as offices)
NAME
NAME
ACTION REQUIRED BY GLC
?-w ~^ ^~ ^ 'R 41''f"1"/i~ Ci =F C~' ~CI10098OR000200050005-0
 Approved For Release 2004/12/02 : C1A=
00980ROOO2000500
0 OF REQUEST
TO
7
1
SUSPENSE DATE
FROM
1
PL 20 Nov 1971,E
SUBJE T:`
Release of Documents-of Congressional Interest
NOTES
Attached for forwarding to the DCI for signature is a
memorandum to all Directorates and office heads instructing
nondisclosure of any exchanges of confidential documents
with Congressional committees or Members without prior
approval from the Congressional office of interest.
This is a follow-up to the letter from Chairman Bayh
and Vice Chairman Goldwater, SSCI.
COORDINATED WITH (list names as well as offices)
NAME
OFFICE
DATE
NAME
OFFICE
DATE
NAME
-------
OFFICE
DATE
NAME
---- - - -
OFFICE
DATE
ACTION REQUIRE
D BY GLC
Signature required on pink sheet
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 A-Rfj
980 nppruveu Fur R0100 U A !CI D RECORD SHEET
V
SUBJECT: (Optional)
FROM:
EXTENSION
NO.
Acting Legislative Counsel
DATE NOV 2 0 1978
TO: (Officer designation, room number, and
DATE
building)
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
1.
DDCI
1VUV 1y
In accordance with your
attached for your
request
2.
,
signature is a memorandum to
all Directorates and office
heads instructin
that all
g
3.
documents in Agency files
DCI
reflecting confidential
exchan
es with Con
ressional
4.
g
g
committees and Members of
Congress will not be publicly
disclosed in res
onse to an
5
p
y
outside request without the
OLC(for handcarry)
approval of the Congressional
office of interest
6.
.
Our office will be the
focal
oint to re
p
ST
~'
necessary Co al
approval.
8.
ST
9.
10.
This memora d um
p
re ared b S
tt
o my sta . S
11.
12.
13.
14.
15.
limp -11-1
1PRIII
as
FORM L A us S
3-62 v EDITIONS
INTERNAL
UNCLASSIFIED ^ USE O L ^ CONFIDENTIAL ^ SECRET'
SECRET ^ CONFIDENTIAL ^ USNMN%r
E ONLY [] UNCLASSIFIED
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