LETTER TO THE HONORABLE STANSFIELD TURNER FROM THOMAS L. FARMER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83-00156R000300020035-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 15, 2016
• Document Release Date: October 7, 2003
• Sequence Number: 35
• Publication Date: December 21, 1979
• Content Type: LETTER

Approved or Release 2004/01/29: CIA-RDP
Dear Stan: A~~',~-.~
Section 1-709 of Executive Order 12036 requires that senior
officials of each of the agencies within the Intelligence
Community report to the Intelligence Oversight Board any
intelligence activities of their organizations which raise
questions of legality or propriety. In previous years, the
Board has received annual reports from the heads of the
intelligence agencies to supplement prompt reporting of serious
matters that arise during the year. We request that you submit
your annual report by January 31, 1980.
In order to assist you in preparing your annual report, we
suggest a set of guidelines as described below. The substance
of these guidelines was implicit in past annual reports, but
we believe that an explicit statement of the import of the annual
report will better serve the President's intelligence oversight
goals.
The Order requires reports from "senior officials," but does not
further define the specific officials upon whom the reporting
obligation is imposed. The Board believes that the annual reports
should be submitted by the head of the intelligence agency after
consultation with other senior officials who are likely to be
aware of intelligence activities raising a question of legality
or propriety. Within the Central Intelligence Agency, such
officials would include the Deputy Director of Central Intelli-
gence; the Deputy Directors for Operations, Administration, and
Science and Technology; and such other senior officials below the
level of Deputy Director that you believe necessary to ensure
that all reportable activities are included. Because the Executive
Order includes the staff elements of the Office of the Director of
Central Intelligence in the definition of "agencies within the
Intelligence Community," we also suggest that you consult with
appropriate senior officials of those staff elements.
Your annual report should include an indication of the senior
officials who have been consulted in connection with the preparation
of the report.
Section 1-709 does not require that senior officials file duplicative
reports concerning matters already reported by the Inspector
General or General Counsel. The section does, however, require
that senior officials report all intelligence activities raising
a question of legality or propriety that are not reported to the
Intelligence Oversight Board by the General Counsel or Inspector
General.
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The standard for determining whether an intelligence activity
should be reported is whether the activity raises a question of
legality or propriety. The fact that an intelligence activity has
been found, on balance, to be within the law does not exempt it
from the reporting requirement. If the activity raises a question
of legality or if a clearly legal activity raises a question of
propriety, it should be reported to the Board. Moreover, the fact
that an activity has been approved by officials in an intelligence
agency, the Department of Justice, or the White House does not
resolve the question of whether the activity is reportable under
section 1-709. The reporting standard concerning questions of
legality or propriety also applies to activities that have been
subjected to established approval and review procedures.
The Order requires that the reports of senior officials be made
to the Intelligence Oversight Board. A report to any other white
House official or to any Department of Justice official does not
satisfy the responsibility assigned to senior officials by section
1-709. Even if an intelligence activity raising a question of
legality or propriety has been reported to the White House or the
Department of Justice, a report should be made to the Intelligence
Oversight Board.
We hope that this letter has been of assistance in clarifying
the reporting responsibilities of section 1-709 and look forward
to receipt of your annual report.
Thomas L. Farmer
Chairman, Intelligence
Oversight Board
The Honorable Stansfield Turner
Director of Central Intelligence
Washington, D. C. 20505
Approved For Release 2004/01/29 : CIA-RDP83-00156R000300020035-5
 Approved For Release 2004/01/29 : CIA-RDP83-00156R000300020035-5
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