DEAR STAN:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000100060019-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 20, 2016
• Document Release Date: April 16, 2007
• Sequence Number: 19
• Publication Date: July 11, 1978
• Content Type: LETTER

Approved For Release 2007/04/16:,CIA-RDP87BO1034R000100060019-8
0____ ld ; ;
l in~iun, . 2053 QGC 1g - Ys/7
Honorable Stansfield Turner
Director
Central Intelligence Agency
Washington, D. C. 20505
Dear Stan:
Thank you for your letter of January 28, forwarding
a signed copy of the proposed CIA/DOJ Memorandum of
Understanding governing reporting of violations of Title
18, United States Code, as provided by 28 U.S.C. ? 535.
The editorial changes which you suggested have been in-
corporated into the Memorandum.
It has been necessary, however, to revise the Memo-
randum of Understanding further to comply with the
requirements of Executive Order 12036, which was promul-
gated after our staffs had reached agreement on the
Memorandum. As you know, section 1-706 of the Executive
order directs the senior officials of the intelligence
agencies to:
Report to the Attorney General evidence of pos-
sible violations of federal criminal law by an
employee of their department or agency . . .
Section 4-204 of the Executive order defines employee to
mean "a person employed by, assigned to, or acting for
an agency within the Intelligence Community." This
reporting requirement had not been completely formulated
when the Memorandum of Understanding was prepared. To
avoid delay, the Memorandum deferred consideration of
reporting requirements under the Executive order, pro-
viding only that the same procedures would be used for
whatever reports the Executive order required.
The Executive order is now in force. To comply
with its requirements, the following substantive changes
have been made in the Memorandum:
rn f tIp ttnr r (ruernt
_10j F ile-v :Ot-ri Ll to
Approved For Release 2007/04/16: CIA-RDP87B01034R000100060019-8
 Approved For Release 2007/04/16: CIA-RDP87B01034R000100060019-8
(a) Paragraph 1 now refers to the requirements
of both 28 U.S.C. ? 535 and E.O. 12036. The author-
ity for the memorandum is stated to be 28 U.S.C.
? 535(b)(2) and E.O. 12036., ?? 1-706 and 3-305.
(b) Footnote 1 is omitted. This footnote in
effect deferred consideration of reporting require-
ments under the Executive order until its adoption;
that footnote has now been superseded. The succeed-
ing footnotes are renumbered.
it (c) The first sentence of paragraph 2 now reads
violated a federal criminal statute" instead of
"violated Title 18 of the United States Code."
This reflects the broader scope of E.O. 12036,
? 1-706.
(d) Footnote 1, formerly footnote 2, has a new
sentence which incorporates the definition of
employee" required by ? 4-204 of the Executive
order.
(e) Paragraph 6, which deals with the format of
reports, now refers to both 28 U.S.G. ? 535 and the
Executive order.
(f) Paragraph 7 has been omitted and paragraph
8 renumbered. The omitted paragraph was an interim
agreement that reports required by the new Executive
order would be made by the same procedures as those
required by 28 U.S.C. ? 535. It has been superseded
by the promulgation of the Executive order.
As you are also aware, section 1-706 of Executive
Order 12036 requires reporting of certain crimes com-
mitted by persons other than agency employees. In
particular, it requires senior officials of the intel-
ligence community to:
[R]eport to the Attorney General evidence of
possible violations by any other person of
those federal criminal laws specified in guide-
lines adopted by the Attorney General.
These guidelines and appropriate reporting procedures are
now under consideration.
Approved For Release 2007/04/16: CIA-RDP87B01034R000100060019-8
 Approved For Release 2007/04/16: CIA-RDP87B01034R000100060019-8
With these changes, the Memorandum of Understanding
complies with the requirements of E.O. 12036 governing
the reporting of possible federal crimes committed by in-
telligence community employees. I look forward to
fruitful cooperation between the Department of Justice
and the Central Intelligence Agency in implementing it.
Yours sincerely,
Tz"
Griffin B. Bell
Attorney General
Approved For Release.2007/04/16: CIA-RDP87B01034R000100060019-8