LETTER TO HONORABLE LUCIEN N. NEDZI FROM W.E. COLBY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00957A000100090008-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 21, 2016
• Document Release Date: May 27, 2005
• Sequence Number: 8
• Publication Date: November 23, 1999
• Content Type: LETTER

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CENTRAL INTELLIGENCE AGENCY
WASHINGTON, D.C. 20505
Honorable Lucien N. Nedzi, Chairman
Subcommittee on Intelligence
Committee on Armed Services
House of Representatives
Washington, D.C. 20515
Dear Mr. Chairman:
I regret to report to you a serious development affecting the safety
and efficiency of members of this Agency. I provide it in keeping with
my commitment to assure that you are fully and currently informed on
matters of possible interest to your Committee.
A former employee of this Agency, Mr. Philip B. F. Agee, is cur-
rently engaged in a systematic effort to divulge information learned dur-
ing his Agency employment. He stated in a press conference on 3 October
1974 in London that he is doing this as a part of a campaign "...to have
the CIA abolished." Some of the information being disclosed (Agency
organization, functions, personnel) specifically includes "intelligence
sources and methods" which I am charged under the National Security
Act of 1947 with "protecting from unauthorized disclosure." I am
especially concerned at the danger these disclosures present to the
safety of many of our personnel abroad,, due to their exposure to
possible terrorist action.
I am enclosing a Summary of Facts which notes that Mr. Agee may
have violated several criminal statutes. It also points out the difficulty
of deterring Mr. Agee while he is abroad and not under the jurisdiction
of the United States.
The collection of foreign intelligence is critically dependent upon
sources and methods which cannot exist unless they are protected. I am
extremely proud of the overall outstanding loyalty and security record
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of Agency employees and former Agency employees. Their conduct has
been exemplary and is in keeping with the written agreement entered
into at the beginning of their employment, pursuant to the statutory
responsibility imposed upon the Director of Central Intelligence to
protect intelligence sources and methods. This contrasts sharply with
the irresponsible conduct of Mr. Agee who has violated his agreement
by revealing classified information relating to intelligence sources and
methods learned during the course of his employment.
Generally, the criminal statutes applicable to the disclosure of
classified information require proof of intent to injure the United States
or to aid a foreign country. However, prosecution. under those statutes
requires the Government to reveal in court the very information it is
trying to protect; and, in most instances, the burden of proof requires
the Government to expose additional classified information. This contrasts
with numerous United States statutes (enclosed) penalizing the mere dis-
closure of information received in confidence by the Government; e. g . ,
census and income tax information and agricultural statistics, where the
motive for disclosure is not material.
In summary, despite the fact that Mr. Agee may have violated
several criminal statutes and actions such as his can have a crippling
effect on the flow of critical foreign intelligence information to the
Government's policymakers, there are many serious problems inherent
in his prosecution.
Thinking it may be of interest, I am also enclosing a copy of the
letter Mr. Agee addressed to the Agency at the time of his resignation
in 1968, which concludes: "I will continue to hold in high regard the
importance of the Agency's activities in the interest of the security of
the United States. " I am unable to explain the contrast between this
attitude and the intention he expressed in his press conference in London
on 3 October 1974 to "expose CIA officers and agents and to take the
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measures necessary to drive them out of the countries where they are
operating." The contacts he has established since leaving the CIA with
representatives of the Cuban Intelligence Service offer a possible expla-
nation.
I will keep you advised of further developments.
Sincerely,
W. E. Colby
Director
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ci
STATUTES AFFECTING :DISCLOSURE
18 U. S. C. 793 - Espionage laws - Criminal penalty for obtaining, copying,
conimunicating nati.Q?aZ defense information. .
18 U. S. C. 794 - Espionage laws - Criminal penalty for gathering or
.delivering defense information to aid foreign governments.
18 U. S. C. 798 - Criminal penalty .for disclosure of any classified
information prejudicial to U. S.
18 U. S. C. 952 - Criminal penalty for unauthorized publishing or transmittal
to another of diplomatic codes and correspondence.
35 U. S. C. 186 - Criminal penalty for disclosure of patented inlorrnation.
42 U. S. C. 2161-2166 - Atomic Energy Commission authority to
protect Restricted Data.
47 U. S. C. 154 - Federal Communication Commission can withhold ,secret
information affecting the national defense.
50 U. S. C. 141 - Criminal penalty for disclosure of information on manufacturing
and distribution of explosives in connection .with the national defense.
50 U. S: C. 403 - Director of Central Intelligence -'protection of intelligence
sources and methods.
50 U. S. C. 783b - Unlawful for government employees to communicate
classified information to representatives of foreign governments
50 U. S. C. 783d - Criminal penalty for violation of 50 U. S. C. 783b.
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50 U. S. C. Appendix 2026 - Prohibits unauthorized disclosure of
confidential information on export controls,
5 U. S. C. 1396 - Employees of agency to which classified information
is transferred are subject to the same disclosure restrictions as the
transferor agency.
7 U. S. C. 135f, - Criminal penalty for fraudulent disclosure of
insecticide formulas.
7 U. S. C. 472 - Department of Agriculture .- criminal penalty for
unauthorized disclosure of cotton statistics and estimates.
7 U. S. C. 507 - Prohibits unauthorized disclosure of tobacco statistics.
7 U. S. C. 608d - Criminal penalty for unauthorized disclosure of information
regarding payments under marketing agreements.
7 U. S. C. 955 - Prohibits unauthorized disclosure of peanut statistics,
8 U. S. C. 1202 - Visa information declared confidential.
12 U. S. C. 77 - Information regarding removal of a bank director by the
Comptroller of the Currency shall not be disclosed.
13 U. S. C. 214 - Criminal penalty for disclosure of confidential information
by Census Bureau employees.
15 U. S. C. 78x - Unlawful for employees of Securities and Exchange
Commission to disclose information not made available to the general public.
15 U. S. C. 176a Protects information of Bureau of Foreign and
Domestic Commerce.
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15 U. S. C. 717g - Prohibits unauthorized disclosure by employees of
Federal Power Commission.
18 U. S. C. 605 - Criminal penalty for unauthorized disclosure of names
of persons on relief for political purposes.
18 U. S. C. 1902 - Criminal penalty for unauthorized disclosure of crop
information by U. S. government employee.
18 U. S. C. 1904 - Criminal penalty for unauthorized disclosure of
Reconstruction Finance Corporation information.
18 U. S. C. 1905 - Criminal penalty for unauthorized disclosure of
confidential information generally by U. S. Government employees.
18 U. S. C. 1906 - Criminal penalty for unauthorized disclosure of
information by bank examiners.
18 U. S. C. 1907 - Criminal penalty for unauthorized disclosure of information
by farm credit examiners.
18 U. S. C. '1908 - Criminal penalty for unauthorized disclosure of information
by national agricultural credit corporation examiners.
26 U. S. C. 7213 - Criminal penalty for unauthorized disclosure of income
tax information by U. S. Government or state employees; Criminal penalty
for unauthorized disclosure of corporation financial statement by share-
holders; Criminal penalty for unauthorized disclosure of operations of a
manufacturer by U. S. Government employee.
38 U. S. C. 3301 - Veterans Administration files are confidential.
42 U. S. C. 1306 - Criminal penalty for unauthorized disclosure of certain
information in possession of the Departrzent of Health, Education and
Welfare.'
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50 U. S. C. 2160 - Criminal penalty for unauthorized disclosure of confidential
information by U.S.. Government employee for purpose of commodity
speculation.
5 U. S. C. 637 - Criminal penalty for unauthorized disclosure by Civil Service
Commission employee regarding employment applicant.
35 U. S. C. 122 - Protection of patent applications.
7 U. S. C. 1159 -. Protection of sugar information by Secretary of
Agriculture.
26 U. S. C. 7237 - Criminal penalty for unauthorized disclosure of narcotics
information.
39 U. S. C. 762 - Protection of postal savings depository fund information,
42 U. S. C. 260 - Protection of information regarding voluntary hospital
commitment of narcotics addicts.
45 U. S. C. 362 - Protection of certain Railroad Retirement Board information.
46 U. S. C. 234 - Penalty of dismissal for any Coast Guard employee
disclosing information on ship defects.
46 U. S. C. 643 - Protection of Coast Guard information on discharge of
seamen.
46 U. S. C. 819 - Unlawful for common carrier to disclose confidential
information to detriment of any other carrier.
47 U. S. C. 220 - Protects information from records examined by employees of
the Federal Communication Commission.
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47 U. S. C. 605 - Prohibits unauthorized publication or use of interstate
or foreign communications.
48 U. S. C. 55 - Protects certain public voting information.
49 U. S. C. 15 - Protects certain information concerning shipments by
common carrier.
49 U. S. C. 320 - Protects certain information of the Interstate Commerce
Commission.
50 U. S. C. 139 - Protects certain information of the. Bureau of Mines.
50 U. S. C. Appendix 327 - Criminal penalty for unauthorized disclosure
of Selective Service information.
50 U. S. C. Appendix 1152 - Criminal penalty for unauthorized disclosure of
certain information regarding acquisition or vessels.
50 U. S. C. Appendix 1896 - Protects certain housing and insurance
information.
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