PROPOSED CHARTER LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82M00591R000200090016-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 16, 2016
• Document Release Date: October 26, 2004
• Sequence Number: 16
• Publication Date: March 18, 1980
• Content Type: MF

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DIRECTOR OF CENTRAL INTELLIGENCE
Security Committee
MEMORANDUM FOR:
FROM:
SUBJECT:
Acting Director of Security
STATINTL
Deputy Director of Community Affairs
Proposed Charter Legislation
STATINTL
1. I was informed by OLC/OGC, that he STATINTL
does not share concern about e propose security authori-
ties in 5.2284 nor does he intend to pursue SECOM's expres-
sion of concern and proposed. fix. His reason - NSA and Doc)
would object to our proposed changes to the NSA section.
He was not sure why he did. not want to try to get the DCI
authority to establish "common" rather than "minimum"
security standards. Nonetheless, Burke was of the opinion
that Executive Orders take precedence over legislation.
I doubt it.
2. Jerry Rubino was kind enough to provide me a copy
of a buck slip prepared by Justice's Deputy Counsel for
Intelligence Policy regarding our proposed changes.
Interesting to note that it was Don's General Counsel.. who
specifically requested the word "minimum." Copy attached.
3. NSA's a member of NSA General Counsel
and reportedly the principal crafter of the NSA security
language during the closed session of lawyers who drew up
the various portions of the bill, also objects to the SECOi
proposals.
4. It must be noted that the objections to change are
not based on legal problems. They are based on reluctance
to face down the perceived strength of shouting by some
non-DCI lawyers.
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5. This concern about the relative authorities is
real and not one of perception. The concern stems from
years of association with NSA and having to live with their
dogmatic approach. I do not believe that the intelligence
community would honestly approve and endorse legislation.
giving NSA. authority to prescribe and enforce security
rules, regulation, procedures, standards and. requirements
with respect to personnel. security clearances, authorization
for access to facilities and. information, physical security
of facilities, equipment and. information in order to pro_.
tect ST.
6. I find it inconceivable that we will allow NSA
to have legislative authority to require CIA to submit their
background investigations and. adjudications on CIA person-
nel.. to NSA should NSA believ?e it required to do so to assist
the Director of NSA in the fulfillment of his responsibilities
under this security section of the bill.
Something must be done.
8. I propose a strong memorandum to the DCI from you
as Director of Security, CIA, and as Acting Chairman, SECOM,
coordinated as necessary with OCC, and ask the DCI to resolve
this matter.
9. 1 also suggest that such a memorandum be routed to
the DDO, DDSIT, NFAC and DDA for endorsement.
10. There is a draft of such a memorandum attached for
your signature.
11. From the SECOM viewpoint I will prepare material.
covering information from for members of SECOM STATINTL
and deliver it at the 2 Aprl mee ing. I would encourage
them to seek support of their principals in a manner similar
to what I have proposed doing in CIA.
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12. I recommend you sign the attached memorandum to the
DCI and endorse and support the proposed SECOM action.
STATINTL
Attachments
Copy of relevant Sections of the Bill S.2284
Copy of the SECOM--M-230, dated 26 February 1980
Copy of Justice's Buck slip dated March 3, 1980
Letter to DCI
Background material
Distribution:
Orig - Addressee w/atts
1 - SECOM Subj w/atts
1 - SECOM Chrono w/o atts
STATINTL SECOM:
(18 Mar 80)
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DCI
(j) The Director shall be responsible for the protection
from unauthorized disclosure of intelligence sources and methods
and shall establish for departments and agencies min:i..mum
security standards for the management and handling of in.Eormation
and material relating to intelligence sources and methods.
Proposed. Changes -
(j) The Director shall be responsible for the protection
from unauthorized disclosure of intelligence sources and methods
common
and shall establish for departments and agencies minimum
and access managing foreign intelligence systems,
security/standards for tic-management and handling/of information
products.
and/material-relating-tee-intel}~genee-set~rees-and.-retheds:
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DIRT/NSA
(c) It shall also be the duty of the Director to prescribe
and enforce for the United States signals intelligence system and
for the communications security activities of the United States
Government security rules, regulations, procedures, standards, and
requirements with respect to personnel security clearances,
authorizations for access to facilities and information, physical
security of facilities, equipment, and information, and the
transmission, processing, and reporting of information, in order tc;
protect signals intelligence and communications security informatLL
from unauthorized disclosure. All such rules, regulations,
procedures, standards, and, requirements shall be in accord. with
applicable law and with policy quidance from. the Director of
National Intelligence with respect to signals intelligence
activities and the Secretary of Defense with respect to
communications security activities. Enforcement of all such rules.
regulations, procedures, standards, and requirements shall be
coordinated. with the head of each concerned department or agency
(d) To assist the Director in the fulfillment of his
responsibilities under this section, the heads of all department:
and agencies shall furnish the Director, upon request and in
accordance with applicable law, such data as the Director may
require and the Director shall take appropriate steps to maintain
the confidentiality of any information which is so provided.
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DIR./NSA -- Proposed Changes
(c) It shall also be the duty of the Director to prescribe
and enforce for the United.-States-signals-intellige nee-s stun-and
for-the communications security activities of t.lie United States
Government security rules, regulations, procedures, standards, and
requirements with respect to personnel- security clearances,
authorizations for access to facilities and information, physical
security of facilities, equipment, and information, and the
transmission, processing, and reporting of infor,~iiation, in order to
protect signa}s-Intelligenee-and communications security information.
from unauthorized disclosure. All such rules, regulations,
procedures, standards, and requirements shall be in accord with
applicable law and with policy guidance from the Pireetor-e?
National-lnteiligenee-with-respeet-l;e-signals-intelli;enee
activities-and the Secretary of Defense with respect to
communications security activities. Enforcement of all such rules,
regulations, procedures, standards, and requirements shall be
coordinated with the head of each concerned department or agency.
(d) To assist the Director in the fulfillment of his
responsibilities under this section, the heads of all departments
and agencies shall furnish the Director, upon request and in
accordance with applicable law, such data. as the Director may
require and the Director shall take appropriate steps to maintain
the confidentiality of any information which is so provided.
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