MINUTES TWO HUNDRED AND FIFTY-EIGHTH MEETING WEDNESDAY, 5 JANUARY 1983, 1000-1200 HOURS ROOM 4E64, LANGLEY HEADQUARTERS BUILDING

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP87-00812R000100210027-5
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RIPPUB
Original Classification: 
C
Document Page Count: 
5
Document Creation Date: 
December 22, 2016
Document Release Date: 
August 12, 2010
Sequence Number: 
27
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Publication Date: 
January 5, 1983
Content Type: 
MISC
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PDF icon CIA-RDP87-00812R000100210027-5.pdf282.64 KB
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Sanitized Copy Approved for Release 2010/08/18: CIA-RDP87-00812R000100210027-5 CONFIDENTIAL DIRECTOR OF CENTRAL INTELLIGENCE Security Committee 5 January 1983 Minutes Two Hundred and Fifty-eighth Meeting Wednesday, 5 January 1983, 1000-1200 Hours Room 4E64, Langley Headquarters Building Chairman Presiding Mr. Maynard Anderson, Office of Secretary of Defense Mr. Lloyd E. Dean, Federal Bureau of Investigation Central Intelligence Agency Mr. John McNamara, Office of the Secretary of the Air Force Col. George Mercuro, Department of the Air Force National Security Agency Mr. D. Jerry Rubino, Department of Justice Lt. Col. Raymond E. Abel, Department of the Air Force Mr. Robert C. Allen, Department of the Navy Mr. Thomas Blankenship, Department of Energy Mr. Edward J. Dansereau, Department of the Treasury (SS) Mr. Frank Dill, Department of the Army Mr. Dan Downum, Federal Bureau of Investigation Mr. Louis Kachulis, Department of State , Defense Intelligence Agency Mr. Roger T. Smith, Department of the Air Force Mr. Joseph Ambrogio, Department of the Treasury Central Intelligence Agency (C) Central Intelligence Agency Central Intelligence Agency entral Intelligence Agency National Security Agency Mr. Chuck Stapleton, Federal Bureau of Investigation , Defense Intelligence Agency Executive Secretary CONFIDENTIAL 05 3 111) Sanitized Copy Approved for Release 2010/08/18: CIA-RDP87-00812R000100210027-5 Sanitized Copy Approved for Release 2010/08/18: CIA-RDP87-00812R000100210027-5 Preliminary Comments 1. Advised members that he had sent Ithe Technical 25X1 Surveillance Countermeasures Subcommittee majority report responding to IG/CM tasking on the need for national policy on TSCM. The Navy member sent in a written comment which was forwarded with the report. said 25X1 copies of his forwarding memo and of omment were at members' 25X1 places. 25X1 2. Noted his recent request to members for nominations to the SECOM staff to fill the vacancies caused by the reassignments of effective the close of business 7 January 1983. asked that the record reflect his appreciation for the splendid work did on Moscow security and did on the adjudicators seminars. 25X1 25X1 2bAl 25X1 3. Informed members that he was working with the Personnel Security Subcommittee on language on the polygraph for inclusion in the draft revision of DCID 1/14 that would be acceptable to the Community. said 25X1 he appreciated the need for care in this regard so as not to cause problems for the Department of Defense while they are still developing their revision of policy on polygraph use. 25X1 4. Advised that he had sent forward the editorial and format revision of DCID 1/16 agreed to b members. said copies would be sent to 25X1 SECOM members. 25X1 5. Invited members' attention to a chart at their places of the SECOM subcommittee and working group structure. F--~ 25X1 The Chairman reminded members that this meeting had been called in response to a request by Mr. Casey for terms of reference for proposals to deal with the problem of unauthorized disclosures of intelligence. advised that the DCI wanted a written response, reflecting 25X1 e views o M members' principals, by 15 January 1983. He said he planned to have the staff draft it based on discussion and agreement at this meeting. He emphasized the need for extremely fast coordination, and said he planned to avoid controversial items to the extent possible in order to facilitate Community agreement. He invited members' attention to copies at their places of: Report; a proposed statute to criminalize leaks 25X1 by Government personnel; and his 22 December 1982 memo with attached copies of material he provided the DCI on leaks. 25X1 OS 3 CONFIDENTIAL Sanitized Copy Approved for Release 2010/08/18: CIA-RDP87-00812R000100210027-5 Sanitized Copy Approved for Release 2010/08/18: CIA-RDP87-00812R000100210027-5 UUNFIULNIIRL noted that SECOM members unanimously approved, in the 25X1 fall of 1982, language which "endorsed the basic thrust of the 0 Report 25X1 and a request to you (DCI) to seek action by Judge Clark for approval of all or as many as possible of the report's recommendations." He asked if members were prepared to reaffirm their support of that report. Discussion showed that they were. Mr. Anderson suggested that if the White House was not prepared to act on the 0 Report, the DCI should seek Judge Clark's 25X1 approval to issue it as his guidance to the Community for the protection of intelligence against leaks. 25X1 The Chairman introduced discussion of FBI investigation of leaks by observing that his experience led him to conclude that in-house investi- gations by Community agencies were unlikely to solve leak cases, and that only the FBI had the broad charter and capability to investigate leaks with reasonable prospect of success. He noted that the FBI would need augmented resources and an effective screening mechanism to select good cases in order to do the job. Mr. Rubino said the Department of Justice had approved the concept of FBI investigation of leaks leading to administrative instead of prosecutive action. He stated that action was needed on the~Report 25X1 to support translation of the conceptual approval into actualInves igations. Mr. Dean noted the need for guidance to the FBI to permit them to set pri- orities for leak investigations versus criminal cases. Mr. Kachulis advised that State Department did not want the FBI to investigate State personnel when administrative action was contemplated. He noted that FBI involvement would be a different matter if a criminal violation was involved. 125X1 said it appeared that members were not prepared to support broader FBI involvement in leak investigations without a statute criminalizing leaks. Mr. Anderson agreed with his assessment, argued in favor of broader 25X1 FBI investigations, and noted that the screening mechanism to select which leaks are investigated would permit agencies to prevent outside investigation when they wished to handle cases internally. Mr. Anderson observed that there was a disconnect between the DCI's responsibility to protect sources and methods, and the separate responsibility of department and agency heads to administer their organizations in such areas as security and personnel. Mr. Anderson said he thought a reason for reluctance to address leaks was that officials lacked confidence in the validity of security classifications applied to official data. He argued for a strong national policy mandating more thorough and discriminating classification actions. Members did not suoaort including this with the recommendations to go to the DCI on leaks. noted that the draft bill the DCI had sent OMB for 25X1 political clearance is identical to the one recommended in the 0 Report 25X1 to criminalize unauthorized disclosures of classified information by Govern- ment personnel. He observed that there might be political difficulties in getting the proposal enacted into law, but noted that the process wold be an effective means of focusing senior-level attention on the problem. Mr. Allen said he thought this and other initiatives on leaks could best be accomplished CONFIDENTIAL Sanitized Copy Approved for Release 2010/08/18: CIA-RDP87-00812R000100210027-5 Sanitized Copy Approved for Release 2010/08/18: CIA-RDP87-00812R000100210027-5 CONFIDENTIAL by first building a supportive atmosphere. He stated that he thought a key element in doing so would be to establish clearly that leaks cause identifi- able and significant damage to national security. Members agreed that such an atmosphere needed to be created. They also agreed to endorse the bill. Several members stressed the need to apply the proposed statute to cleared contractor personnel. asked the Committee to consider regulation of press contacts by persons with sensitive access. Some members commented on the difficulty in accomplishing anything in this area. Discussion showed that members concluded there was no practicable way of dealing effectively with 25X1 25X1 The Chairman summarized the utility of a centralized leak data base, noting that it would bear on intelligence matters only. He said he thought it should be structured along the conceptual lines of the 4C SCI access register and include provisions for privacy controls for access to data on particularly sensitive leaks. Mr. Rubino said he thought it would give the Community a valuable tool with which to size the problem in total and subelement terms. Mr. Kachulis raised concerns about FOIA and Privacy Act considerations. said those could be dealt with satisfactorily. asked 25X1 I T e data base would include damage assessments. replied 25X1 that such a requirement might impede agency willingness to input to the data base. Mr. Anderson said he was not convinced of the cost/benefit of the data base, but would not object to it if it was limited to intelligence. 25X1 said he supported the concept but noted the need to justif it thoroughly. All members then indicated their support for the concept. 25X1 noted that the Report proposed to modify prohi- 25X1 bitions on use of the polygraph. He asked members if they were prepared to support that proposal. Mr. Kachulis said they would, provided the polygraph was limited to use on no more than a handful of suspects. All members said ported the concept of polygraph use stated in the 0 Report. 25X1 LZDAI reminded members of their earlier agreement to support 25X1 an offer to Justice of the services of the Unauthorized Disclosures Investiga- tions Subcommittee to aid in screening leaks to select those which most needed and which were most susceptible to resolution by investigation. He asked members if they still supported this. They indicated that they did. F 25X1 asked members if they thought an exemption for intelli- 25X1 gence information from the Freedom of Information Act would help in the leak area. Members said they thought it would and agreed to support a bill seeking the exemption. 25X1 asked) )about the prospects for new legal LORI procedures to avoid disclosure in espionage trials of classified information other than that which was the basis for the charge. replied that 25X1 4 Sanitized Copy Approved for Release 2010/08/18: CIA-RDP87-00812R000100210027-5 Sanitized Copy Approved for Release 2010/08/18: CIA-RDP87-00812R000100210027-5 CONFIDENTIAL there were problems associated with this which kept the issue from being ripe for legislative action. He suggested as an alternative that the DCI seek comments on the issue from the Department of Justice. 25X1 asked members if they supported cautioning senior 25X1 officials about risks involved in dealing with the press on sensitive issues. Mr. Anderson suggested that the DCI could do this at a Cabinet meeting or by sending a statement to SOICs. read Judge Clark's November 25X1 1982 memo to National Security Council members advising them of the Presi- dent's direction not to discuss intelligence matters with the press or public without White House and DCI approval. Members indicated their support for periodic cautionary statements similar to that. 25X1 asked members to consider what changes they deemed necessary in 25X1 security procedures to reduce the likelihood of leaks. said he 25X1 thought we needed to publicize within the Community the fact of penalties on leakers to enhance awareness of what can happen to those who choose to leak sensitive data. All members agreed that this would be useful. 25X1 thanked members for their participation and asked them to respond promptly to the draft paper on this subject that the staff would prepare. Next Meeting The Chairman scheduled the next regular meeting for 10:00 a.m., Wednesday, 26 January 1983, in Room 4E-64, CIA Hea dquars Building. 25X1 25X1 Sanitized Copy Approved for Release 2010/08/18: CIA-RDP87-00812R000100210027-5