NATO/WARSAW PACT DEFENSE SPENDING

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M00165A002300060021-1
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 5
• Document Creation Date: December 20, 2016
• Document Release Date: November 21, 2006
• Sequence Number: 21
• Publication Date: March 1, 1977
• Content Type: MF

Approved For Release 2006/11/21: CIA-RDP80M00165A002300060021-1
Approved For Release 2006/11/21: CIA-RDP80M00165AO02300060021-1
 ? Approved For Release 2
006/11/2*- iA-RDP80M00165A00230006.0
.
Honorable Griffin B. Bell
Attorney General
Department.of Justice.. . .
Washington, D.C. 20530
Dear Mr. Bell:
As you know, the President, in his message of 18 pebruary 1976, proposed
legislation 'to protect intelligence sources and methods ion unauthorized _
-disclosure-. This proposal was subsequently introduced as i-__I'.._ 12006, but:
no similar legislation was introduced in the Senate. I feel strongly that there
is.a need for such legislation, and I seek your support .o tl e?end that an
appropriate bill, endorsed by the Justice Depa= tment, Might be introduced = -
Over the years, serious damage to our foreign intelligence effort has.
resulted from the unauthorized disclosure of ?nforr-:at on related' to intel-
- ligence sources and methods. In most cases, the sources of these leaks have
been individuals who acquired access to sensi ttive informs ation by virtue of a
special relationship of trust with the t;ritee States Go re_ nment. Current law,
ir2 our-opinion, does not adequately cover situ. ations e a deliberate
- ? .
breach of this relationship of trust occurs. In Most instances, the Gover inert =
.. must prove either an affirmative intent to harm the United States or aid a .
foreign power, or a tendency of the leaked ir.=crr:ztior. to produce such harm
or give such aid. The evidence required to establish these elements commonly
requires the revelation of additional sensitive information in open -court or, -
at-the very least, the further dissemination and confirmation of the information
which is the subject of the prosecution. Given the d ic?' ties of proof, and
the understandable reluctance to incur the additional -damage occasioned by
such- proof',- the existing lai_?s are seldom- in__-c':ed and t e..r deterrent value
is slight.
Presently, Section 102(d)(3; of the \agora' Security Act of 19':7, a-'
amended, places a responsibility on the Director of qt, -Lral intelligence to-
prevent the unauthorized disclosure-of intelligence s aces and rnethods.
 Approved For Rel ase 2006/11/21 CIA-RDP80MOO165A
rights.
to our American standards of freedom of information and protectxolk o.L lndzvzdual.
carry out a foreign intelligence program, but at the same ti:=?'_e give full recognition
in the 94th Congress, would close this gap to the limited degree necessary to
disclosure. Legislation along the lines of 1- . R. 12006 as introduced in t:?ie.Louse
However, this responsibility is not backed up by statutory penalties for unauthorized
ersons. a disclosure is threatened and serious damage to the intelligence collection effort -_,
It Iso rovides for injunctive relief in those instances -,here unauthorized
-g
provides a criminal penalty for the disclosure of such r..formation to .unauthorized
If
des; nate certain information as relating to intelligence sources and methods and
H. R. 3.2006 acknowledges the authority of the Director of Central Intel-
ligence, and the heads of other agencies. expressly authorized by law or by the
Preside'nt to engage in foreign intelligence activities for the United States, to
%vould result.
substantial personal risk.
very safety and welfare of those who may be providing us intelligence at a
of faith in the-system designed to protect such matters. It also threatens the
If disclosures of our most guarded secrets and our most sensitive sources and
methods of collecting intelligence continue tc occur, One end result is a loss
also undermines the attitude -toward security at all levels ol Go,rerrment..
insight into the capabilities and limitations of our intelligence system. It
_
Public disclosure of classified intelligence gives foreign powers keen 0 C>
publications they represent, except in a case such as Marchetti where a publisher
criminal action or injunctive relief against representatives of the press or the -.
relationship with the United States Government. It tvoulct not permit e~.tner
to it by virtue of their position as officer, employee, contractor, or other special
The sanctions set forth in H H. R R. 12006 are limited to individuals entrusted
with the sensitive information described in the legislation or tvho gain access
actions designed to insure against further U S. access to data of the type
information is acquired stimulates and enables the target co'u:lt-''y to take counter-
to measure, but the fact remains that disclosure of the manner in which certain
monetary costs to the United States Government. These costs are often difficult
risks to national security, such public disclosures can a? so result in sizeable
Another factor that is often not considered is that, in addition to the
disclosed.
retorts verbatim without regard to possible damage to sensitive collection - -
It is-a tragedy to see articles in the news media cuoting our-intelligence
Annrnvarl Fnr-RPIPacP ?WA/11/2.l t?IA~RI-lP fl fln 1~5At1f1~?.(1f~C1 tlC~~:1-1 ;~-_,`:_'`
 Approved For Release 2006/11/21- CIA-RD P80M00165AQ0230006002I -1
programs. The inevitable z-esult of such d _sc osures car: onl}- mean a sharp
important intelligence sources, human as y. el_ as tech- cal.
Legisla tiff e proposals to protect. intelligence sources and m ethoc? s were
initiated several years ago by- this Agency ar.d have been extensively reviewed.
v:ithin the executive branch. We have =:or.-zed. partlcu`arly cll}* with the
31 December 1975, the Deputy Attorney General advised ^e Director of Central
'with certain relative~.y rrinor amendme^.is, fe proposed
'Intelligence that
,
arom the sta:~dpo'nt of &,e Departrm-ent's concerns .
tisfactor
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as
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H stat
The legislation proposed by'the President and introduce: as l3 . R. 12006
incorporated those amendments. - - A
I sincerely believe that passage of a bill that folio -s the gezieral pattern
of H..P,. 12006 would be a strong deterrent to exposure c intelligence -sources
and methods. by persons who have such info. r ation by ti irtue at then relatioxt-
ship with the U. S. Government. I hope that you will support the introduction
of such protective legislation in the 95th Congr ess, and ! can.. assure you of my
'. _
staff to xreet with your designated representat:~res at e t0 ZL'oY out a
.. o
personal interest in the natter and the readi. ess of y Ge :excel Counsel axed his
s- .k ~..
mutually satisfactory bill. .
Sincerely ,
OGC: JDM:lsh
Original - Addressee
. Y DR via Ex Sec
1 - DDA
1 - DDO
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1 - D/DCI/IC
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A/DCI .
Annrrv rl F'nr RPiPaca ? lfy / 19/~T C`Ia_F2nPcOunn?irr,?n-no'zinnc 9nri a-i
 STAT Approved For Release 2006/11/21: CIA-RDP80M00165A002300060021-1
Approved For Release 2006/11/21: CIA-RDP80M00165AO02300060021-1