LEAKS LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01390R000801030001-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 27, 2016
• Document Release Date: December 20, 2010
• Sequence Number: 1
• Publication Date: March 17, 1986
• Content Type: MEMO

Sanitized Copy Approved for Release 2010/12/20: CIA-RDP90BO139OR000801030001-7
OCA H LE t- `~ 'T 144-*,
RECPT
17 March 1986
OCA 8E-0100/4
MEMORANDUM: FOR: Director of Central Intelligence
FPO?': Director, Office of Congressional Affairs
SUBJECT: Leaks Legislation
1. As you know, the Administration has been discussing
leaks legislation for the past several years, but no consensus
has been reached on the need for leaks legislation or how it
should be drafted. Last week, the ADCI reluctantly agreed to
withdraw leaks legislation from FYP7 Intelligence Authorization
Fill because of intense opposition from other agencies,
especially DoJ, to our proposal. (See Letter to O?IF Director
miller at --ab A)
2. It is obvious that we will make no progress toward
obtaining leaks legislation until we reach a high level
consensus on the need for such legislation. I believe the
Agency could play a central role in forming a consensus and
recommend that we take the following action forthwith:
--rnlist the Secretaries of Defense and State tc support
the need for leaks legislation and have them join a call
for a meeting of the 17SPG to decide the issue.
--Send the attached letter to the Attorney General (Tab R)
reiterating your conviction that leaks legislation is
needed and informing him of your intent to bring the issue
up for consideration by the highest levels of the
Administration.
--Press Admiral Poindexter for the meeting of the ?'FPG by
mid-April to decide whether the Administration will commit
to Leaks legislation.
Attachments:
as stated
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Distribution:
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(w/atts)
1-DCI
1 - D/OCA It
1 - DDCI
1 - DDL/OCA
1 - EXDIR
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1 - ER
,2~ - OCA Chrono
/1 - LEG/SUB/OCA - Leaks
FY 87 Intel Auth
ex
STAT L 3/OCA (17 March 1986)
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C,cntrai V*hF= Afrny
8 March 1986
The Honorable James C. Miller III
Director
Office of Management and Budget
Washington, D.C. 20503
Mr. Miller
I know that you share my concern regarding the increasing threat to
our national security posed by unauthorized disclosure of classified
intelligence information. The compromise of our intelligence sources,
both human and technical, has placed lives in jeopardy and rendered
expensive technical collection systems ineffective. Unfortunately, we
have not been able to take effective steps to punish those who have
violated their obligation to protect classified information and this has
created the perception that nobody cares. We simply must restore
discipline to the handling of sensitive information.
While there is no single solution to the problem of leaks, one step
that can be taken is to enact legislation that would criminalize the
reprehensible conduct of disclosing classified information to those
outside government who are not authorized to receive it. Enactment of
leaks legislation, combined with a vigorous effort to detect those who
are engaged in disclosing classified information, will restore an element
of risk to those who misuse classified information.
We have proposed leaks legislation as part of the draft Intelligence
Authorization Bill for the past two years. Last year, objections were
raised to the inclusion of leaks legislation in the Authorization Bill
because the issue needed to be studied more closely and a consensus
reached within the Executive Branch on whether we should attempt to enact
leaks legislation. To date, I am not aware that any action has been
taken to reach such a consensus.
This year we again proposed leaks legislation as part of the
Authorization Bill. Once again, we were told that consideration of leaks
legislation should be postponed. I do not believe we can continue to
indefinitely postpone taking effective action. Too many of our nation's
secrets have already been compromised to continue a business as usual
attitude.
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Given the exceedingly compressed time frame imposed on the
authorization process by Grams-Rudman, I do not want to jeopardize the
rest of our FY 87 authorization bill because of another internal debate
on this issue. Therefore, I reluctantly agree to the deletion of the
leaks provisions from this year's bill. In return, I trust that OMB will
support and facilitate the enactment of strong leaks legislation this
year.
Sincerely,
v n+i n. rR,rtaIJVII
Ac ing Dir\ for of Central Intelligence
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Central Intelligence Agency
Wishingon. D. C. 20505
The Honorable Edwin Meese, III
The Attorney General
Washington, D.C. 20530
25 OR 1966
I know that you share my concern regarding the increasing
threat to our national security posed by unauthorized
disclosure of classified intelligence information. The
compromise of our intelligence sources, both human and
technical, has placed lives in jeopardy and rendered expensive
technical collection systems ineffective. Unfortunately, we
have not been able to take effective steps to punish those who
have violated their obligation to protect classified
information and this has created the perception that nobody
cares. tie simply must restore discipline to the handling of
sensitive information.
While there is no single solution to the problem of leaks,
one step that can be taken is to enact legislation that would
criminalize the reprehensible conduct of disclosing classified
information to those outside the government who are not
authorized to receive it. Enactment of leaks legislation,
combined with a vigorous effort to detect those who are engaged
in disclosing classified information, will restore an element
of risk to those who misuse classified information.
We have proposed. leaks legislation as part of the draft
Intelligence Authorization Bill for the past two years. Last
year, the Department raised objections to including leaks
legislation in the Authorization Bill because the issue needed
to he studied more closely and a consensus reached within the
Executive Branch on whether we should attempt to enact leaks
legislation. To date, I am not aware that any action has been
taken to reach such a consensus.
This year we again proposed leaks legislation as part of
the Authorization Bill. Once again, the Department questioned
the need for the legislation and raised objections to the
substance of our proposed bill. Last week, in a letter to the
Director of the Office of P"ana.gement and Budget, the Acting
Director of Central Intelligence reluctantly agreed to the
deletion of the leaks provision from the Authorization Lill.
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I do not believe we car, continue to indefinitely postpone
takinc effective action. "oo many of our nation's secrets have
already been conpror,,ised to continue a business as usual
attitude. Because this issue can only he decided at the
hiohest levels of the Administration, I intend to press for a
meeting of the P'SPG at the earliest possible date to address
the cuestion of whether the A.cr,inistration is willing to r'crk
for enactment of leaks legislation. For the reasons set forth
above, I an convinced that new legislation is a key first step
in tackling this problem, and I hope I can count on your active
support in accomplishing this goal. I ar^ sure that we can Cork
together to prepare effective legislation. I look forward to
hearing fron you on this matter in the very near future.
Sincerely,
7SI
Villiam J. Case;'
Director of Central intelligence
cc: Secretary of Defense
Secretary of State
Assistant to the President for
National Security Fffairs
Birector of I'anagement and Budget
Distribution:
Original - Addressee
1
- DCI
1
- D/OCA
1
- DDCI
1
- DDL/OCA
1
- EXDIR
1
- EXO/OCA
1
- ER
1
OCA Chrono
- LEG/OCA/SUB
- Leaks
FY 87 Intel Auth
- gner
LEG/OCA b (17 March 1986)
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