LETTER TO BIRCH BAYH FROM STANSFIELD TURNER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP99-00498R000100190047-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 20, 2016
• Document Release Date: March 14, 2007
• Sequence Number: 47
• Publication Date: February 26, 1980
• Content Type: LETTER

Approved For Release 2007/03/15: CIA-RDP99-00498
The Director of Central intelliJence
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2 6 FEB -`;9j
The Honorable Birch Bayh, Chairman
Select Committee on Intelligence
United States Senate
Washington, D.C. 20510
Dear Mr. Chairman:
I am disturbed by press reports on the 21 February
hearing before the Committee on the intelligence Charter
legislation which reflect a serious misunderstanding of my
testimony concerning the provision of information to the two
intelligence oversight committees. These misunderstandings
apply to what I said both about current practice and about
the Administration's position on the congressional oversight
provisions of S_ .2284. I feel it important to set the
record straight.
As I am sure you recognize, the questions and testimony
on the subject of oversight ranged across a variety of
topics, and I fear that distinct subject matters may have
become confused in the minds of some observers. The first
issue was that of prior reporting of covert actions covered
by Presidential findings which today, under the Hughes-Ryan
Amendment, are required to be reported to eight committees
of Congress on a "timely" basis. I testified that the
Administration practice generally has been to report Presi-
dential findings in advance of implementation, but that
there had been one instance, already known to the 1-eembers of
the Committee, in which that report was subsequent to jhe
implementation of the finding. I wish to state categorically
that the instance in question is the only such occurrence to
date. I think the record fully demonstrates that under a
requirement of "timely notification" of covert actions,
exceptions to prior reporting of such actions are exceed-
ingly rare and fully justified by special circumstances. I
continue to find it difficult to understand why some Members
of the Committee are seeking to change the requirements of
present law and to insert a prior reporting requirement.
STAT
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A separate issue is the extent to which intelligence
collection activities, as opposed to covert actions, will
be reported in advance to the two intelligence committees.
The obligation to report "significant anticipated activities"
imposed by Executive Order 12036 is qualified in that Execu-
tive Order by reference both to the constitutional authorities
and duties of the President and to my authorities and duties
under law to protect intelligence sources and methods.
Again, the bill proposed by the Committee, S. 2284, departs
from current arrangements by eliminating any reference to my
duty to protect intelligence sources and methods- I do not
understand why some Members of the Committee wish to change
current oversight arrangements that have worked to every-
one's complete satisfaction. As you know, your Committee
has had full access to the information it deems necessary
for effective oversight purposes. The kind of information
that calls into question my duty to protect intelligence
sources and methods is rarely, if ever, germane to such
oversight purposes. I want to emphasize again here that
what we are-talking about is clandestine intelligence
collection and not covert action. The latter is governed
by the Hughes-Ryan Amendment; the former is not. While, as
a matter of general principle, the Administration opposes a
statutory prior notification requirement for clandestine
collection activities, this is not intended to change the
current satisfactory oversight relationship between the
Agency and the two intelligence committees.
The final area of concern is the provision in Section
142 of S. 2284 that would require the intelligence agencies
to furnish any information or material- whatsoever when _
requested by the two oversight committees. Again, while
there is a similar provision in Executive order 12036, it is
conditioned on my authorities and duties to protect intelli-
gence sources and methods, as well as on the constitutional
authorities and duties of the President. Inexplicably to
me, some Members of the Committee now wish to change this
arrangement by deleting the language relating to protection
of intelligence sources and methods. As I explained ih my
testimony, I cannot seek the cooperation of foreign sources,
both individuals and organizations, or even less send human
beings into situations of the highest personal risk, without
being able to give assurances that sensitive information
involving them will receive the degree of confidentiality
they expect. As you well know, in several years of evolving
oversight relationships, this has not proved to pose any
impediment to your Committee's access to information it
required. Once again I am puzzled as to why some Members
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of your Committee now think it appropriate to change existing
provisions and seek to enact a statute that will give the
wrong signal to our employees, cooperating sources and
friends throughout the world.
In closing, Mr. Chairman, I must say that I am saddened
that the public is being given the false impression that the
Central Intelligence Agency, or any component of the Intelli-
gence Community, has withheld information in the oversight
process. I have spent untold hours of ny own time with your
Comnmittee, the House Permanent Select Committee on Intelligence,
and other committees of the Congress providing copious
information on the intelligence activities of the United
States. I believe we have fully satisfied every request for
such information levied on us by the two intelligence committees,
and that the public has every reason to repose confidence in
the oversight process as carried out by your Committee and
its counterpart in the House of Representatives. I would
urge you and the Members of your Committee to join me- in
setting the record straight on'this point.
Yours sincerely,
/s/ Stans'Lield Turner
cc: The Honorable Barry M. Goldwater
Vice Chairman
The Honorable Edward P. Boland
Chairman, House Permanent Select
Committee on Intelligence