MEMORANDUM FOR: C/MGT. STAFF FROM (Sanitized)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01495R000300080026-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 19, 2016
• Document Release Date: September 12, 2005
• Sequence Number: 26
• Publication Date: May 12, 1975
• Content Type: MF

Approved For Release 2005/11/23 : CIA-RDP80BO1495R000300080026-6
No one besides Mr. Proctor has seen
this, so I would appreciate getting this
copy back along with your response to Mr.
Proctor's attached request.
FORM
US10-101
AUGN 54 IQI WHICH RELACES FORM
ED.
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MEMORANDUM FOR: Deputy Director for Intelligence
SUBJECT . Synopsis of DCI's Memorandum to D/OMB
Re Proposed Legislation
1. The Agency has forwarded to 0MB a draft of
proposed legislation which would provide for legal
sanctions to more effectively protect intelligence
sources and methods.
2. The proposal spells out existing legislation
in this area, which has been largely ineffective, as
well as the difficulties we have encountered since 1947
because of this lack of statutory remedies. The pro-
posed new legislation would close this gap somewhat,
enabling the Agency to carry out a foreign intelligence
program without imperiling the traditional American
standards of freedom of information and protection of
individual rights.
3. The memorandum to 0MB refers to the number
of incidents in recent times when serious damage to
our foreign intelligence effort resulted because of
unauthorized disclosures of information relating to
intelligence sources and methods. In every instance,
the circumstances of those disclosures precluded puni-
tive criminal action. (Under existing legislation
criminal prosecution is only possible when there have
been unauthorized disclosures in the Comint and Re-
stricted Data areas.)
4. The new legislation proposed by the Agency
would amend Section 102 of the National Security Act of
1947. In essence, it calls for:
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a. Information relating to sources and
methods will be accorded statutory recognition
and protection similar to that provided Restricted
Data under the Atomic Energy Act.
b. The DCI and other Agency heads authorized
by law, or the President, to engage in intelligence
activities for the U.S. Government will be autho-
rized to limit the dissemination of information
relating to intelligence sources and methods of
collection.
c. A criminal penalty will be provided if
there is a disclosure of such information to
unauthorized persons. Similarly, injunctive relief
will be provided.
d. This new legisation will be aimed solely
at persons enjoying a privity of relationship
with the U.S. Government.
e. The new procedure will entail an in camera
review by the court to decide, as a question of law,
the validity of the designation for limited
distribution. This process should provide ade-
quate safeguards for the accused and prevent damag-
ing disclosures during the course of the prose-
cution.
5. The back-up material forwarded with the proposed
legislation explains the proposal in detail. It con-
tains no surprises. The thrust is that we are asking
for the minimal statutory authority which will allow
the DCI to effectively fulfill his responsibilities
to protect intelligence sources and methods.
DDI Security Officer
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