LEAKS LEGISLATION - TALKING POINTS FOR 3 APRIL MEETING WITH POINDEXTER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01390R000801040002-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 27, 2016
• Document Release Date: November 23, 2011
• Sequence Number: 2
• Publication Date: March 31, 1986
• Content Type: MEMO

Declassified in Part - Sanitized Copy Approved for Release 2011/11/23: CIA-RDP90BO139OR000801040002-5
OCA 86-1001
31 March 1986
MXMIORANDUM. FOR: Director of Central Intelligence
FROM: Director, Office of Congressional Affairs
SUBJECT: Leaks Legislation - Talking Points
for 3 April Meeting with Poindexter
C, Attached at Tab A is our legislative strategy for
obtaining leaks legislation, and letters recently
sent to the Attorney General and Director of OME
calling for leaks legislation.
o The Director of OMB has responded by stating that
consideration of leaks legislation should be postponed
until the Department of Justice (DoJ) has completed
a study on the matter (Tab E). The DoJ had promised
to initiate such a study well over a year ago, but
nothing has been done to date and nothing will be done
until it is clear whether the Administration favors
leaks legislation.
o As stated in the Strategy memo, a meeting of the NSPG
is needed to decide once and for all whether the
Administration will support leaks legislation. Admiral
Poindexter should be pressed for a meeting within the
next two weeks. The most recent disclosures by the
Attachments
as stated
Declassified in Part - Sanitized Copy Approved for Release 2011/11/23: CIA-RDP90BO139OR000801040002-5
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/23: CIA-RDP90BO139OR000801040002-5
Distribution:
Original - Addressee
1-EMIR
1 - DDCI-Designate
1 - Executive Registry
1 - D/OCA
1 - ExO/OCA
1 - OCA Chrono
1 -,IJCA/LEG: Subject: Leaks
1 - DMP/Signer
OCA/LEG 31 March 1986)
STAT
Declassified in Part - Sanitized Copy Approved for Release 2011/11/23: CIA-RDP90BO139OR000801040002-5
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/23: CIA-RDP90BO139OR000801040002-5
17 March 1986
0C1. >(-0100/
1TV0RAP'DU?: FOR: Director of Central Intelligence
FPO? Director, Office of Congressional F.ffairr.
FUEL?EC : Leaks Lecislation
1. i,_. you know, the Adr,inistration has been discussing
leaks legislation for the past several years, but no consensus
has been reached or, the need for leak. lecislation or how it
should be crafted. Last weed,, the ADCI reluctantly agreed to
withciar: leaks lecislation fror. TYE7 Intellio(nce Authorization
Fill because of intense opposition fror. other agencies,
especially Igo", to our proposal. (See Letter to Of1F Director
Viller at ^'ab A)
2. It is obvious that we will make no progress toward
obtaining leaks lecislation until we reach a high level
consensus on the need for such lecislation. I believe the
Acency could play a central role in forming a consensus and
recorrriend that we take the follov inc action forthwith:
--Enlist the Secretaries of Defense and State tc support
the need for leaks lecislation and have ther. joir, a call
for a neetinc of the f'FPC to decide the issue.
--Send the attacked letter to the Attorney General (Tab F)
reiteratino your conviction that leaks legislation is
needed and ir.forr.inc him of your intent to bring the issue
uF for consideration by the highest levels of the
Adr.inistration.
--Press Adriral Poindexter for the rr:eetinc of the f'spc by
r.id-April to decide whether the Adrr:inistration will commit
to Leaks legislation.
STAT
Attachments:
as stated
Declassified in Part - Sanitized Copy Approved for Release 2011/11/23: CIA-RDP90BO139OR000801040002-5
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/23: CIA-RDP90BO139OR000801040002-5
C,axri t rxi AFno
8 March 1986
The Honorable James C. Miller III
Director
Office of Management and Budget
Washington, D.C. 20503
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 probler 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.
Declassified in Part - Sanitized Copy Approved for Release 2011/11/23: CIA-RDP90BO139OR000801040002-5
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/23: CIA-RDP90B01390R000801040002-5
Given the exceedingly compressed time frame imposed on the
authorization process by Gramm-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,
~ , ohn N. P4 Mahon
Ac Ong Dir for of Central Intelligence
Declassified in Part - Sanitized Copy Approved for Release 2011/11/23: CIA-RDP90B01390R000801040002-5
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/23: CIA-RDP90B01390R000801040002-5
Central Intel) i~crxe A4enck
2 5 MAR 1986
The Honorable Edwin Meese, III
The Attorney General
Washington, D.C. 20530
I know that you share my concern regarding the increasing
threat to our national security posed by unauthorized
disclosure of classified intelligence information. The
comprorr,ise 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. Ue 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 disclosinc 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 Pepartment raised objections to including leaks
legislation in the Authorization Fill 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 nct aware that any action has been
taken to reach such a consensus.
This year we again proposed leaks legislation as part of
the Authorization Fill. 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'anagement and Fudget, the Acting
Director of Central intelligence reluctantly agreed to the
deletion of the leaks provision from the Authorization rill.
Declassified in Part - Sanitized Copy Approved for Release 2011/11/23: CIA-RDP90B01390R000801040002-5
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/23: CIA-RDP90BO139OR000801040002-5
1 pit- not t'eli(VC we Car continue to inc'efinitcly foctror,c
tZl.ir:c effective action.. ^c.o rE:r'. of our nation's sfcrEts have
clreccv t'(en CorrroLiEec tC CC),-;tin',)( E rhUE1nEf'f a? Unit.
att I tune . Fe(&1,EE thl: 1E:UE Car er.ly f?E deCI(deC at tti,E
1.1c1 E?t levels of the 1-cr:ir.ictratior, j intent' to pres. fc,r
r.eetirc of the I'SPG at the Ear11er:t Tpocsitble date to a('dre_ r
tLc ruection of whether the icrinictration is willing to v?ccrl.
for enactment of leaks leciclation. For the reasons set forth
above, I ar convirncee that new lecislation is a key first steF-
in tackling this probler, and I hope I can count on your active
support in accomrlishir.c this coal. I ar. sure that we can e)ork
tocether to Prepare effective lecisIation. I look forward to
hear inc frog you or this ratter ir. the very near future.
Sincerely,
Vi2liarr 7. Case"
Director of Central Intellicence
cc: Secretary of Defense
Secretary of State
Assistant to the President for
?rational Security J-ffairs
Director of ?'anacerent and Fudcet
Distribution:
Original - Addressee I - DCI
1 - D/OCA I - DDCI
- DDL/OCA 1 - EXDIR
- EXO/OCA 1 - ER
I - OCA Chrono
I - LEC/OCA/SUB - Leaks
FY 87 Intel Auth
1 - D Si er
=/OCA (17 March 1986)
STAT
Declassified in Part - Sanitized Copy Approved for Release 2011/11/23: CIA-RDP90BO139OR000801040002-5
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/23: CIA-RDP90BO139OR000801040002-5
VAR 2 5 1986
Honorable John N. McMahon
Deputy Director of Central Intelligence
Central Intelligence Agency
Washington, D.C. 20505
Dear Fir. McMahon:
Thank you for your letter of March 8th in which you informed
me of your decision to delete the proposed legislation on
unauthorized disclosure from the Administration's 1987
Intelligence Authorization Bill. Your decision allowed us to
quickly clear this proposed bill for transmittal to the Congress
to support the President's 1987 Budget.
I share your concern regarding the national security threat
posed by the unauthorized disclosure of classified information.
At the same time, I am aware of the concern of others that
careful study of this type of legislation is needed to allow the
Administration to reach an Informed decision. The Assistant
Attorney General, John R. Bolton, stated in the Justice
Department's views letter of February 20th on your draft bill
that Justice will undertake such a study with a view toward
subsequenti.y working with intelligence community representatives
to draft an appropriate provision. _I suggest that you work
directly with Assistant Attorney General Bolton to develop a
timetable for completing these efforts preliminary to policy
review and decision.
014B supports and stands ready to assist the process of
careful study and drafting of an appropriate statute that can be
presented for review to senior administration policy officials.
Please keep us advised on progress toward this review and
decision.
I am also forwarding a copy of our correspondence to Fred
Fielding to ensure that his office is fully aware of your
continued concern.
Sincerely yours,
Jim
James C. Miller III
Di rector
c: Fred Fielding
(with attachment)
Declassified in Part - Sanitized Copy Approved for Release 2011/11/23: CIA-RDP90BO139OR000801040002-5