SENATE SELECT COMMITTEE ON INTELLIGENCE HANDLING OF COMMITTEE TRANSCRIPTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M00165A000600140007-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 16
• Document Creation Date: December 15, 2016
• Document Release Date: March 11, 2004
• Sequence Number: 7
• Publication Date: April 11, 1977
• Content Type: MF

Approved For RJase 2004/03/23 : CIA-RDP80M001654060014000 EZll 25X1
r' l
l
7-Y
OLC 77-1404
11 April 1977
MEMORANDUM FOR:
FROM
SUBJECT
REFERENCE
Executive Assistant to the Director
I
Assistant Legislative Counsel
Senate Select Committee on Intelligence Handling
of Committee Transcripts
1. The 10 March 1977 memorandum (copy attached) contains
some errors regarding handling of Senate Select Committee on Intelligence
transcripts. I want to insure that you are aware of the correct procedures.
2. The Senate Select Committee makes three copies of each
transcript: two are kept as Committee records, the third is provided to
the principal witness. Although the witness may retain the copy, the
Committee is careful to assert that all copies remain Committee property.
Most importantly, Committee rules prohibit further copying or distribution
of the copy provided the principal witness.
3. I have attached a copy of the most recent Committee rules
regarding transcripts.
:Attachments:
As Stated
25X1
25X1
25X1
Approved For Release 2004/03/23 : CIA-RDP80M00165A000600140007-7
 DAINEt. K. INOUYC, HAWA1r. C1-Aim-
HARRY 8,.OLDWATrn, ARIZ.. VICE C1-AIt
rL a, BAsr:'"P' ON.11Appro4 354" se 2004/03/23: CIA-RDP80M00165rt 0600140007-7
.*ILLIAM O. HATIIAWA(. MAINE CHARLCS MCC. MATHIAS. in.. MO.
WALTEN O. HUDDLE STON, KY.
JC"I I'll n, RIDEN, JR.. DCL.
EI 'PC"' MORON. tI.C.
GARY HART. COI A.
DANIEL PATRICK M(lvtIHAPJ. W.V.
JAMES K. PEARSON. KANS.
J9HN H, CHAFFS, R.I,
RICHARD C. LIJGAR, IND.
MALCOLM WALLOP, WYO.
II rlute(b..'f aLez 2)CUaf C
WILLIAM G. MILLER. STAFF DIRECTOR
MICHAEL J. MADIGAN, MINORITY CODNTLL
SELECT COMMITTEE. ON INTELLIGENCE
(1'uR6uANT TO S. RCS. LM. 94TH CONGRESS)
WASHINGTON, D.C. 20510
March 17, 1977
MEMORANDUM
TO : Select Committee Staff
FROM : Clerk of the Committee
SUBJECT : Transcripts of Committee Hearings or Interviews
This memo is for your information in case you are queried
about availability of a transcript.
All transcripts, and all copies thereof, are Committee property.
In accord with S. Res. 400 and Committee rules, witnesses who are not
employed in a government agency or unit which provides suitable
security facilities for classified documents may review their testimony
before closed hearings of the Committee only on Committee premises.
8.7 Inspection and Correction.--All witnesses testifying before the
Committee shall be given a reasonable opportunity to i11slpect, in the
office of the Committee, the transcript of their testimony to determine
whether such testiniony was correctly transcribed. The witatess may
be actor ipanied by counsel. Any corrections tire. witness desires to
make in the, transcript shall be submitted in writing to the Com-
lnitt.ee within five days from the date when the transcript was made
available to the witness. Corrections shall be limited to grammar and
minor editing, and may not be made to change the substance of the
testimony. Any questions arising with respect to such corrections shall
be decided by 'the Chairman. Upon request, those )arts of testimony
given by a witness in executive cession which are subsequently quoted
or made part of a public record shall be made available to that witness
at his expense.
An agency witness who by virtue of his position can provide
appropriately secure storage may be provided with a copy of his own
testimony if he so requests. When provided the witness should be made
to understand that the copy of the transcript is for his own use only,
may not be disseminated to anyone else, or reproduced without the
authority of the Committee.
Whenever an agency witness is provided with a copy of his
portion of a transcript it must be wrapped and receipted in the same
manner as any classified document.
Approved For. Release 2004/03/23 : CIA-RDP80M00165A000600140007-7
 Approved For Release 2004/03/23 : CIA-RDP80M00165A000600140007-7
Approved For Release 2004/03/23 : CIA-RDP80M00165A000600140007-7
 CONFIDENTIAL
? Approved For RgjVse 2004/03/23: CIA-RDP80M00165 p6001400 =-7 _,7----____
"C iv9 Br~j,,:;irey
jE7
11 April 1977
The only thing Inouye has asked me for and which has
been provided to him and Bill Miller is the attached unclassified
statement on Covert Action. I showed you the attached at an
earlier date and on 10 March you responded with a few ideas
as to how the paper could be improved. We made the changes
and I handed it to Bill Miller on 21 March.
I asked Bill the other day whether it had proved useful.
His response was not entirely clear-cut and I had the feeling that
the Committee may consider our paper a bit too advocative. No
one has talked to me about 91ELINT, analysis and various other
functions. "
25X1
Attachment:
3/21/77,Covert Action
in Perspective
Distribution:
Orig - The Director w/att
1 - OLC wo/att
1 ER wo/att
DDCI w/att
DDCI:rrhlI 4/12/77
Approved For Release 2004/03/23 CIA-RDP80MQ0165A00 25X1
 25X1 Approved For Release 2004/03/23 : CIA-RDP80M00165A000600140007-7
Next 28 Page(s) In Document Exempt
Approved For Release 2004/03/23 : CIA-RDP80M00165A000600140007-7
 gTh~el)imtr
Ccn(r I~t.Cf~tifiCrePA
Approved For? Release 2004 F/23~',CCA-- P 001 W000600140007-7
Honorable Daniel K. Inouye, Chairman
Select Committee on Intelligence
United States Senate
Washington, D. C. 20510
Honorable Barry Goldwater, Vice Chairman
Select Committee on Intelligence
United States Senate
Washington, D. C. 20510
OLC 77-0523/a
I'::ec tiv Tiagistzy
APR 1977 S'r5~
In the Committee's letter of 4 February 1977, you requested
information concerning the conflict of interest provisions applicable
to employees of United States intelligence agencies. I understand
that the Defense Department and State Department have received similar
inquiries, and therefore my response is principally concerned with the
Central Intelligence Agency.
Each employee of the Executive Branch, including intelligence
agency employees, is subject to the rules of conduct and financial
disclosure requirements established by statute, Executive Order, and
applicable Government directive. Any employee who violates these
rules of conduct might be subject to criminal prosecution pursuant to
18 U. S. C. Section 201 et seq., and also subject to disciplinary action,
including official reprimand, probation, suspension, or separation.
In addition, Executive Order 11222 authorizes the head of 'each
agency to issue regulations implementing the provisions of the Order
and to structure these regulations as may be necessary and appropriate
in view of the nature of that agency's work and the duties and reponsi_?
bilities of its employees. The pertinent regulations of the Central
Intelligence Agency are promulgated pursuant to this authorization
and in accordance with conflict of interest requirements that
operate Government-wide. An extract of Executive Order 11222
and our Agency regulations on employee conduct are enclosed for
your information.
Approved For Release 2004/6?3`123 CI L-R0P,.Q0M66165A000600140007-7
 Approuad For eeleasec &W :-dlkl ALW001 ,000600140007-7
You will note that CIA regulation I requires financial
statements to be filed by more categories of employees than
called for in Executive Order 11222, and Civil Service regulations.
Employees at the GS-13 or above level must file statements if they
are involved in administering subsidies or grants, regulating
or auditing private or other non-Federal enterprises or other
activities where the decision or action has an economic impact on
the interests of any non-Federal enterprise.
In addition, paragraph (2)(b) of provides that the
Director of Central Intelligence may au orize an employee to enter
into an apparent, but never an actual, conflict of interest for cover
or operational reasons. Such a decision must be. based upon a
statement of justification from the head of the employee's
Directorate and a determination by the General Counsel that the
conflict of interest is apparent only. The Inspector General will
also receive an information copy of the report from the employee's
Directorate and the General Counsel.
I trust this is responsive to your interest.
Yours sincerely,
I4,/ Stansfield Tiift f
STANSFIELD TURNER
Admiral, U. S. Navy
Enclosures
As stated
Distribution:
Orig - Addressee, w/encls
1 - DCI, w/o encls
1 - DDCI, w/o encls
q ER, w/o encls
1-OGC E
1 - OLC u sec,
1 - OLC Chrono
OLC:RJK:sf (23 Mar 77)
Retyped: OLC:LLM:sm (25 Mar 77)
25X
25X
Approved For Releasf"O PST: I - 1 '80M00165A000600140007-7
 AdOARMA4
EXECUTIVE SECRETARIAT
Routing Slip
-7
INFO
D
ATE J
_INITIAL
1
/DCI
2
A UDCI
3
D/ DCI/ IC
4
DDS.T
...w _..
5
6
7
DLL) ~
~....
8
D/ I?U/ NI
9
11
IG
12
Compt
14
D/5
15
DTR
16
Asst/DO
17
AO/DCI
18
C/IPS-~~
19
DCI/85,~
20
D/E.E0
SI!St?ENSE
_. ~_ Z .
_.._.
Took 10 days for this lo get here P. Please
develop response,
25X1
3637 (7-76)
14 Feb T
Approved For Release 2004/03/23 : CIA-RDP80M00165A000600140007-7
 DA
JAKNIELGI~'
K. NOUYK?mr-erase 2004/03/23 : CIA-RDP80M00165///~~~/~P0600140007-7
E
BIRCH BAYH.JND. CLIFFORD P. CAS ". N.J.
ADLAI E. STEVENSON. ILL. STROM THURMOND, B.C.
WILLIAM D. HATHAWAY. MAINE MARK 0. HATFIELD, OREG.
WALTER 0. HUDOLESTON. KY. BARRY GOLDWATER, ARIZ. ' C41 GG' `}aC,`A! ` m '~l}_~/fa fcz tfy enatQ
JOSEPH R. EIDEN. JR., DEL. ROBERT T. BYAPFORD. VT. "~.."11' ~~R}.: J~
ROBERT MORGAN. N.C. CHARLES MCC. MATHIA9_ JR._ MD.
SELECT COMMITTEE ON INTELLIGENCE
(PURSUANT TO S. REB. 400, 04TH CONGRESS)
WASHINGTON. D.C. 20510
E'-i'CCUthre iicgi t y I
F i
February 4, 1977
IN REPLY PLEASE
R.FFER TO R#64-90
Mr. E. Henry Knoche
Acting Director of Central Intelligence
Central Intelligence Agency
Washington, D. C. 20505
Questions have been raised recently in the press
(see attached article) about the applicability of
conflict of interest provisions in the executive branch
to employees of United States intelligence agencies.
The Select Committee on Intelligence would very much
appreciate a description of the conflict of interest
provisions which apply to employees of intelligence
agencies under your cognizance and the differences, if
any, between these provisions and those applicable to
less sensitive government agencies!
Aloha,
Approved For Release 2004/03/23 : CIA-RDP80M00165A000600140007-7
 e sh S
py telfite r A
T
J%JLU buui c:r.5 e4r111Yare rnar rue ivnV ana 6pace i,o. m. Sunnyvale., uaiii_ mart=yr. Ills name is Hillel l3utman,. a
spends at least $1.5 billion a year. Huge While Plummer was ridiiig the: rrler- Jew who had heard about an attempt
secret contracts are handed out to for- ' ry-go?round between the Pentagon to Ill jack an Aeroflot airtir.er hilt w v
. tunate, favored companies. Because . and Lockheed, the corporation was the not involved in the plot. . -
,.,,.....,,,~ the spy-in-the-sky technology cannot, ? nation's top spy satellite contractor. He was arrested anyll7ay; his friends
be revealed the coat ctin i
ra
THE WASHINGTON POST
i.~:..Y..1?.-
Jack Anderson and LPs Whitten
agency is the National Reconnaissance - Yet last June, Plummer notified his huge termination payments from hia .
pF Office, which operates'America's spy superiors in the Pentagon that he was tin Marietta while on the Pentagon
satellites. The strict secrecy, however, quitting, although he had served only payroll but said this as perfectly pis
has provided the NRO's policymakers 2%/s years. He returned to til Lack r . ,
'
nsir}, .. on n..a per,
s
g process Another passenger on the- merry-go.tell us, because he was, acquainted
hidden'from the public. 'round was Albeit Hall, who stari.ed out with the conspirators andek was an ac-
But we can report a few interesting.- with Martin Marietta from ) ti tt to live: Zionist, Bet see then +^viet, sect et
facts, which have nothing to do with
military security:
The NRO draws its top policymakers
from the White House, Pentagon and
Central Intelligence Agency. One seat
.- on. the policy board, for example, is as-
`.,signed to the under secretary of the
Air Force. In 1973 this sensitive seat
Senate Armed -Services Committee
Chairman John Stennis (D-Miss.). He is
known inside the Senate as "The
the-juicy satellite contracts..
This was an obvious conflict of inter-
est, which was taken up quietly with
went to-James Plummer, who came to
the Air Force from Lockheed Corp. ,
At Lockheed he had been- in charge
of developing spy satellites. He had an
18-year-record of loyalty to the corpo-
ration. Then overnight he was in a pos-
ition to help determine who would get
Whitewasher."
In a letter to Stennis, Plummer
pledged that he had agreed "to serve
as under secretary for 3% years mini-
mum." He added solemnly. "I have no
agreement, express or implied, with
Lockheed and no understanding re-
specting reemployment." he later re-
CASEY
the next two years, then back to Mar-- sentenced to ten years ire, the bleak So. .
tin Marietta from 1965 to 1971. Fnally, viet penal system
he returned to the Pentagon again as - It takes courage to speak out. against,
assistant defense secretary in charge his jailers, who can make lais life ur,-
of intelligence. .. - teal able. But, like Alexander Solzhen-
? This position gives Hall a seat on. itsyn before him, Hiller Butnman has
NRO's policy board where he, too,has. dared to defy his oppressors.
gram. Martin Marietta, it turns out, ter to his warden---chief of the Per e
builds booster rockets for spy satel. Soviet labor camp. The unpublished
lites. . ... ? ? letter reverses roles, elevating Butnian
Footnote, A Defense ' Departmernt to prison chief and placing the chief iri-
spokesman said all military contracts .. ' on a of Penn's cells. ? -:: ` ..
are awarded according to law,. but rep ` l3utman praises: the pprison harass-
fused to respond to specific questions ?'ment, such as the six daily roll calls the
about the reconnaissance contracts. ;" prisoners must endures '- ? .
Plummer was asked to remain at his For his insubordination, )3utsian-
post, according to the Pentagon, in the probably will be? shipped to Vladimir
interest of continuity. Safeguards prison, the disciplinary camp where-
were taken to avoid any conflicts of In- ' prisoners are kept on a hunger.diet,.
terest, Pentagon officials said. Plum- .. with little heat, no running water and
mer and Hall denied any conflicts; . no respite from the 24-hour, overhead
both insisted they were not involved in electric light. ? , ~ ; - W : . " contract decisions affecting their for: _ . We in America, in our Lilliputian
mer companies. :'Practicality and historic good fortune,
Plummer said he left the Pentagon . have evolved a free press to undertake
early to return to Lockheed for "per- the role that in atyranny falls to the
sonar" reasons. Hall, now an Air Force lonely hero.
By Charles Rodrigues
.Approved For Release 2004/03/23 : CIA-RDP80M00165A000600140007-7
Approved For Rase 2004/03/23: CIA-RDP80M00165UP0600140007-7
""D39-1t.
 Approved For Re,l ase 2004/03/23: CIA-RDP80M001650600140007-7
'Vase
INTELLIGENCE AGENCY
WASHINGTON, U.C. 20505
7 APR 1977
Mr. Elliot E. Maxwell
Select Committee on Intelligence
Staff
United States Senate
Washington, D. C. 20510
I have received the copy of an amended version of S. 3197 which
you forwarded on 25 March.
As you are aware, the Executive branch currently is reviewing
legislation of this nature. The Department of Justice is coordinating
this effort and CIA, as well as other elements of the intelligence
community, is participating in this review. Pending the completion
of the review, I feel that any comments that I might make would be
premature. I suggest that Mr. Eliff might approach the Department
of Justice with any questions he may have with respect to this draft
but would have no objection to representatives of our Office of
Legislative Counsel meeting informally with him.
Sincerely,
Distribution:
Original Addressee
ER
I - DDCI
] - DCI
1 - OLC Subject
1 - OLC Chrono
1-OGC
OLC:JEC:hms retyped 4 April 19177
Approved For Release 200
7si P. H. Knoc eli"
E. H. Knoche
Deputy Director
'A ()WT101V
#/03/23 : CIA-RDP80M00165A000600140007-7 ir.
'YT6-1910
 3
Approved Folr~Release 2004/03/23 :CIA-RDP80M0 A084~b`5= ~-
17 -k
//rs Jaf n j
THE DIRECTOR OF CENTRAL INTELLIGENCE
wASHINGTON, D. C. 20505
Ezec.utive Regisiry
7 APR 1977
Honorable Daniel K. Inouye, Chairman
Select Committee on Intelligence
United States Senate
Washington, D. C. 20510
Dear. Mr. Chairman:
Candid and confidential communication between this Agency and the
Congress is absolutely essential if this Agency is to meet its responsi-
bilities to the Congress and if the Congress is to meet its responsibilities
to the American people for legislative oversight. The Freedom of
Information Act now threatens to disLcupt this communication and impede
the progress we have made in building a relationship of mutual trust.
As you are aware, the Freedom of Information Act provides that
records held by Executive departments of the Government are available to
the public unless a particular record falls within a specific exemption.
Although specific information which is properly classified or which reveals
intelligence sources and methods is exempted from disclosure, and although
congressional documents are not reachable under the Act, there is no
generic exemption for documents in the possession of Executive agencies
which concern congressional matters, including confidential communications
between representatives of the Executive departments and agencies and the
Congress.
Recent. FOIA requests have sought to reach documents and memoranda
in our possession bearing on congressional matters. These requests
raise a question whether such infor?rnation- may be obtained indirectly
through an Executive agency when they may not be obtained directly from
Congress. In one recent lawsuit, p:art of the information sought was a
).71 . of T
e7nC)i:'F?~nC~.i~771 of conversation with a %1 ll..eI~rnl'ti)(r1' of Congress. s .'.c -z. 1.1'+e release
_
of this memorandum placed into the public domain confidential communi-
cations with a Member of Congress on a matter which, while not classified
from a security standpoint, did involve some sensitivity.
My Legislative Counsel is responsible for all liaison with the Congress,
and as such maintains records on Agency and Intelligence Community rela-
tions with Congress. We treat these records as strictly confidential. In
the face of these FOIA requests, we have and will continue to assert every
legal right and defense to protect these records. However, in light of current
lawsuits, we cannot be confident of our continued ability to maintain their
confidentiality.
Approved For Release 2004/03/23 : CIA-RDP80M00165A000600140007-7
 Approved For Ieease 2004/03/23 : CIA-RDP80M001655AAOp600140007-7
As Chairman of the intelligence oversight Committee, I feel you should
be aware of the impact that this legislation is having on the Intelligence
Community, especially the Central Intelligence Agency. We would, of course,
be pleased to discuss this matter in greater detail with the Committee.
Yours sincerely,
1"I Stansfield Turner
ITANSFIELD TURNER
Admiral, U. S. Navy
Distribution:
Orig - Addressee
1 - DCI
1 - DDCI
-ER
1 -- D/DCI/IC
1 -"DDA
1-0GC
1 - OLC Subject.
1 - OLC Chrono
OLC:WPB:sm (23 Mar 77)
Approved For Release 2004/03/23 : CIA-RDP80M00165A000600140007-7
 OLC?77-0528/a
Approved F (ease 2004/03/23: CIA-RDP80M001i p006001
THE DIRECTOR OF CENTRAL INTELLIGENCE
. WASHINGTON, D. C. 20505
~'1APR1977
Honorable Melvin Price, Chairman
Subcommittee on Intelligence and Military
Application of Nuclear Energy
Committee on Armed Services
House of Representatives
Washington, D. C. 20515
Dear Mr. Chairman:
vg7Reglst"V
z7at? dtsr ~tx~y
Candid and confidential communication between this Agency and the
Congress is absolutely essential if this Agency is to meet its responsi-
bilities to the Congress and if the Congress is to meet its responsibilities
to the American people for legislative oversight. The Freedom of
Information Act now threatens to disrupt this communication and impede
the progress we have made in building a relationship of mutual trust.
As you are aware, the Freedom of Information Act provides that
records held by Executive departments of the Government are available to
the public unless a particular record falls within a specific exemption.
Although specific information which is properly classified or which reveals
intelligence sources and methods is exempted from disclosure, and although
congressional documents are not reachable under the Act, there is no
generic exemption for documents in the possession of Executive agencies
which concern congressional matters, including confidential communications
between representatives of the Executive departments and agencies and the
Congress.
Recent FOIA requests have sought to reach documents and memoranda
in our possession bearing on congressional matters. These requests
raise a question whether such information may be obtained indirectly
through an Executive agency when they may not he obtained directly from
Congress. In one recent lawsuit, part of the information sought was a
memorandum of conversation with a Member of Congress. The release
of this memorandum placed into the public `domain confidential communi-
cations with a Member of Congress on a matter which, while not classified
from a security standpoint, did involve some sensitivity.
My Legislative Counsel is responsible for all liaison with the Congress,
and as such maintains records on Agency and lntelligence Community rela-
tions with Congress. We treat these records as strictly confidential. In
the face of these FOIA requests, we have and will continue to assert every
legal right and defense to protect these records. However.,, in light of current
lawsuits, we cannot be confident of our continued ability to-maintain their
confidentiality.
Approved For Release 2004/03/23 : CIA-RDP80M00165A000600140007-7
 Approved For Rle se 2004/03/23: CIA-RDP80M0015600140007-7
As Chairman of the intelligence oversight Subcommittee of the
House Armed Services Committee, I feel you should be aware of the
impact that this legislation is having on the Intelligence Community,
especially the Central. Intelligence Agency. We would, of course, be
pleased to discuss this matter in greater detail with the Subcommittee.
Yours sincerely,
/ I Stansfield Turned
`1TANSFIELD TURNER
Admiral, U.S. Navy
Distribution:
Orig - Addressee
1 -DCI
4 - DDCI
- ER
V'- D/DCI/IC
1DDA
1 - OGC
1 OLC Subject
1 - OLC Chrono
OLC : I.VPB: sm (23 Mar 77)
LL: wv 80 6 Q &IV.
IL.WV50 6 8 VJV
M3
13
Approved For Release 2004/03/23 : CIA-RDP80M00165A000600140007-7
 ^ UNCL:ASSI PWO
Four RW'04/03/23: CIA RDP8P0Q1
Legislative Counsel
6C19 HQ
TO: (Officer designation, room number, and
building)
5IAPR ?
Attached for your signatu,-e
are letters to the Chairmen of our
legislative oversight Committees
bringing to their attention
problems arising from conflict
between the Freedom of Information
Act and the confidentiality of our
communications with the Congress.
Records of these core- nurii.cation.-. are
being subjected to -requests foi-
disclosure in FOIA suits 11be:] i ev.
his is a proper col tcern to ra i so
with our oversight Corlmi.ttees.
As explained iTi the attached
memorandum to the DISCI, the prohlent
identified in these two letter is
--d pert of our larger concern over the
FOIA generally. In the intere ;t- s o
bringing at least the congressional
comma,micati.ons aspect of the
problem to the Committees' attenti.o
however, I recommend you sign these
letters at this time..
The letters have been fully
coordinated witk-- GC and. DDA.
Acting Legislative ounse
Approved For Release 2004/03/23 : CIt-RDP80
362 61 0 USEDITIONSUS n SECRET
OGC
7D07 HQ
D/DCI/IC
6E2914 HQ
ROUTING AND RECORD
F-1 CONFIDENTIAL
^ INTERNAL
nMIY
I El UNCLASSIFIED