MINUTES TWO HUNDRED AND FIFTY-EIGHTH MEETING WEDNESDAY, 5 JANUARY 1983, 1000-1200 HOURS ROOM 4E64, LANGLEY HEADQUARTERS BUILDING
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP87-00812R000100210027-5
Release Decision:
RIPPUB
Original Classification:
C
Document Page Count:
5
Document Creation Date:
December 22, 2016
Document Release Date:
August 12, 2010
Sequence Number:
27
Case Number:
Publication Date:
January 5, 1983
Content Type:
MISC
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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
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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
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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
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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
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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
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