STATEMENT OF FRANK C. CARLUCCI DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE BEFORE THE SELECT COMMITTEE ON INTELLIGENCE UNITED STATES SENATE ON LEGISLATION TO PROSCRIBE THE UNAUTHORIZED DISCLOSURE OF INFORMATION IDENTIFYING CERTAIN

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91-00901R000100220002-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 19
• Document Creation Date: December 14, 2016
• Document Release Date: August 6, 2001
• Sequence Number: 2
• Publication Date: June 24, 1980
• Content Type: STATEMENT

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STATEMENT OF
FRANK C. CARLUCCI
DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE
BEFORE THE
SELECT COMMITTEE ON INTELLIGENCE
UNITED STATES SENATE
JUNE 24, 1980
ON
LEGISLATION TO PROSCRIBE THE UNAUTHORIZED DISCLOSURE
OF INFORMATION IDENTIFYING CERTAIN INDIVIDUALS
ENGAGED OR ASSISTING IN FOREIGN INTELLIGENCE ACTIVITIES
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MR- CHAIRMAN:
I WANT TO THANK YOU AND THE OTHER DISTINGUISHED MEMBERS OF
THIS COMMITTEE FOR THE OPPORTUNITY TO DISCUSS LEGISLATION WHICH I
CONSIDER TO BE URGENTLY NEEDED AND VITAL TO THE FUTURE SUCCESS OF
OUR COUNTRY'S FOREIGN INTELLIGENCE COLLECTION EFFORTS-
I START THIS MORNING FROM THE PREMISE THAT OUR EFFORTS TO
COLLECT INFORMATION ABOUT THE PLANS AND INTENTIONS OF OUR POTENTIAL
ADVERSARIES CANNOT BE EFFECTIVE IN A CLIMATE THAT CONDONES REVELATION
OF A CENTRAL MEANS BY WHICH THOSE EFFORTS ARE CONDUCTED- THE
IMPUNITY WITH WHICH MISGUIDED INDIVIDUALS CAN DISCLOSE THE
IDENTITIES OF OUR UNDERCOVER OFFICERS AND EMPLOYEES AND OUR
FOREIGN AGENTS AND SOURCES HAS HAD A HARMFUL EFFECT ON OUR INTELLI-
GENCE PROGRAM. EQUALLY SIGNIFICANT IS THE INCREASED RISK AND
DANGER SUCH DISCLOSURES POSE TO THE MEN AND WOMEN WHO ARE SERVING
THE UNITED STATES IN DIFFICULT ASSIGNMENTS ABROAD- IT IS OUTRAGEOUS
THAT DEDICATED PEOPLE ENGAGED OR ASSISTING IN U.S. FOREIGN INTELLI-
GENCE ACTIVITIES CAN BE ENDANGERED BY A FEW INDIVIDUALS WHOSE
AVOWED PURPOSE IS TO DESTROY THE EFFECTIVENESS OF ACTIVITIES AND
PROGRAMS DULY AUTHORIZED BY THE CONGRESS-
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MR- CHAIRMAN, RECENT WORLD EVENTS HAVE DRAMATICALLY DEMONSTRATED
THE IMPORTANCE OF MAINTAINING A STRONG AND EFFECTIVE INTELLIGENCE
APPARATUS. THE INTELLIGENCE COMMUNITY MUST HAVE BOTH THE MATERIAL
AND THE HUMAN RESOURCES NEEDED TO ENHANCE ITS ABILITY TO MONITOR
THE MILITARY ACTIVITIES OF OUR ADVERSARIES AND TO PROVIDE INSIGHTS
INTO THE POLITICAL, ECONOMIC, AND SOCIAL FORCES WHICH WILL SHAPE
WORLD AFFAIRS IN THE 1980's. IT IS PARTICULARLY IMPORTANT THAT
EVERY EFFORT BE MADE TO PROTECT OUR INTELLIGENCE OFFICERS AND
SOURCES- IT IS IMPERATIVE THAT THE CONGRESS CLEARLY AND
FIRMLY DECLARE THAT THE UNAUTHORIZED DISCLOSURE OF THE
IDENTITIES OF OUR INTELLIGENCE OFFICERS AND THOSE ALLIED IN OUR
EFFORTS WILL NO LONGER BE TOLERATED. THE PRESIDENT HAS EXPRESSED
HIS DETERMINATION TO "INCREASE OUR EFFORTS TO GUARD AGAINST
DAMAGE TO OUR CRUCIAL INTELLIGENCE SOURCES AND OUR METHODS OF
COLLECTION, WITHOUT IMPAIRING CIVIL AND CONSTITUTIONAL RIGHTS."
WE RECOGNIZE THAT LEGISLATION IN THIS AREA MUST BE CAREFULLY
DRAWN; IT MUST SAFEGUARD THE NATIONS INTELLIGENCE CAPABILITIES
WITHOUT IMPAIRING THE FIRST AMENDMENT RIGHTS OF AMERICANS OR
INTERFERING WITH CONGRESSIONAL OVERSIGHT-
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MR. CHAIRMAN, AT THIS POINT I WOULD LIKE TO MAKE CLEAR FOR
THE RECORD THE DAMAGE THAT IS BEING CAUSED BY THE UNAUTHORIZED
DISCLOSURE OF INTELLIGENCE IDENTITIES- I WOULD THEN LIKE TO
ADDRESS BRIEFLY SEVERAL FALLACIES AND MISCONCEPTIONS THAT HAVE
CREPT INTO PUBLIC DISCUSSION AND DEBATE ABOUT THE PROBLEM.
FINALLY, I WILL DEAL WITH THE ISSUE OF HOW A LEGISLATIVE REMEDY
CAN BE STRUCTURED SO AS TO DISCOURAGE THESE UNAUTHORIZED DISCLOSURES
WITHOUT IMPAIRING THE RIGHTS OF AMERICANS OR INTERFERING WITH
CONGRESSIONAL OVERSIGHT-
OBVIOUSLY, SECURITY CONSIDERATIONS PRECLUDE MY CONFIRMING OR
DENYING SPECIFIC INSTANCES OF PURPORTED IDENTIFICATION OF U-S-
INTELLIGENCE PERSONNEL- SUFFICE IT TO SAY THAT A SUBSTANTIAL
NUMBER OF THESE DISCLOSURES HAVE BEEN ACCURATE. THE DESTRUCTIVE
EFFECTS OF THESE DISCLOSURES HAVE BEEN VARIED AND WIDE-RANGING-
OUR RELATIONS WITH FOREIGN SOURCES OF INTELLIGENCE HAVE BEEN
IMPAIRED- SOURCES HAVE EVINCED INCREASED CONCERN FOR THEIR OWN
SAFETY- SOME ACTIVE SOURCES, AND INDIVIDUALS CONTEMPLATING
COOPERATION WITH THE UNITED STATES, HAVE TERMINATED OR REDUCED
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THEIR CONTACT WITH US- SOURCES HAVE QUESTIONED HOW THE UNITED
STATES GOVERNMENT CAN EXPECT ITS FRIENDS TO PROVIDE INFORMATION IN
VIEW OF CONTINUING DISCLOSURES OF INFORMATION THAT MAY JEOPARDIZE
THEIR CAREERS, LIBERTY AND VERY LIVES.
MANY FOREIGN INTELLIGENCE SERVICES WITH WHICH WE HAVE IMPORTANT
LIAISON RELATIONSHIPS HAVE UNDERTAKEN REVIEWS OF THEIR RELATIONS
WITH US. SOME IMMEDIATELY DISCERNIBLE RESULTS OF CONTINUING
DISCLOSURES INCLUDE REDUCTION OF CONTACT AND REDUCED PASSAGE OF
INFORMATION. IN TAKING THESE ACTIONS, SOME FOREIGN SERVICES HAVE
EXPLICITLY CITED DISCLOSURES OF INTELLIGENCE IDENTITIES-
WE ARE INCREASINGLY BEING ASKED TO EXPLAIN HOW WE CAN GUARANTEE
THE. SAFETY OF INDIVIDUALS WHO COOPERATE WITH US WHEN WE CANNOT
PROTECT OUR OWN OFFICERS FROM EXPOSURE? YOU CAN IMAGINE THE
CHILLING EFFECT IT MUST HAVE ON A SOURCE TO ONE DAY DISCOVER THAT
THE INDIVIDUAL WITH WHOM HE HAS BEEN IN CONTACT HAS BEEN OPENLY
IDENTIFIED AS A CIA OFFICER-
THE PROFESSIONAL EFFECTIVENESS OF OFFICERS SO COMPROMISED IS
SUBSTANTIALLY AND SOMETIMES IRREPARABLY DAMAGED. THEY MUST
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REDUCE OR BREAK CONTACT WITH SENSITIVE COVERT SOURCES. CONTINUED
CONTACT MUST BE COUPLED WITH INCREASED DEFENSIVE MEASURES THAT ARE
INEVITABLY MORE COSTLY AND TIME-CONSUMING- SOME OFFICERS MUST BE
REMOVED FROM THEIR ASSIGNMENTS AND RETURNED FROM OVERSEAS AT
SUBSTANTIAL COST. YEARS OF IRREPLACEABLE AREA EXPERIENCE AND
LINGUISTIC SKILL ARE LOST? REASSIGNMENT MOBILITY OF THE COMPROMISED
OFFICER IS IMPAIRED? AS A RESULT, THE POOL OF EXPERIENCED CIA
OFFICERS IS BEING REDUCED- SUCH LOSSES ARE DEEPLY FELT IN VIEW OF
THE FACT THAT, IN COMPARISON WITH THE INTELLIGENCE SERVICES OF OUR
ADVERSARIES, WE ARE NOT A LARGE ORGANIZATION. REPLACEMENT OF
OFFICERS THUS COMPROMISED IS DIFFICULT AND, IN SOME CASES, IMPOSSIBLE-
ONCE AN OFFICER'S IDENTITY IS DISCLOSED, MOREOVER, COUNTERINTELLIGENCE
ANALYSIS BY ADVERSARY SERVICES ALLOWS THE OFFICERS PREVIOUS
ASSIGNMENTS TO BE SCRUTINIZED, PRODUCING AN EXPANDED PATTERN OF
COMPROMISE THROUGH ASSOCIATION- SUCH DISCLOSURES ALSO SENSITIZE
HOSTILE SECURITY SERVICES AND FOREIGN POPULATIONS TO CIA PRESENCE,
MAKING OUR JOB FAR MORE DIFFICULT. FINALLY, SUCH DISCLOSURES CAN
PLACE INTELLIGENCE PERSONNEL AND THEIR FAMILIES IN PHYSICAL DANGER
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FROM TERRORIST OR VIOLENCE-PRONE ORGANIZATIONS-
MR- CHAIRMAN, AT THE CONVENIENCE OF THE COMMITTEE, I AM
PREPARED TO DISCUSS IN EXECUTIVE SESSION INDIVIDUAL CASES WHICH
EXEMPLIFY THE DAMAGE DONE TO OUR INTELLIGENCE-GATHERING CAPABILITIES-
THESE CASES SERVE TO ILLUSTRATE THE PERNICIOUS EFFECTS WHICH
UNAUTHORIZED DISCLOSURES OF INTELLIGENCE IDENTITIES HAVE HAD IN
PARTICULAR INSTANCES? BUT IT IS ALSO ESSENTIAL TO BEAR IN MIND
THAT THE COLLECTION OF INTELLIGENCE IS SOMETHING OF AN ART. THE
SUCCESS OF OUR OFFICERS OVERSEAS DEPENDS TO A VERY LARGE EXTENT ON
INTANGIBLE PSYCHOLOGICAL AND HUMAN CHEMISTRY FACTORS, ON FEELINGS
OF TRUST AND CONFIDENCE THAT HUMAN BEINGS ENGENDER IN EACH OTHER,
AND ON ATMOSPHERE AND MILIEU- UNAUTHORIZED DISCLOSURE OF IDENTITIES
INFORMATION DESTROYS THAT CHEMISTRY- WHILE WE CAN DOCUMENT A
NUMBER OF SPECIFIC CASES, THE COMMITTEE MUST UNDERSTAND THAT THERE
IS NO WAY TO DOCUMENT THE LOSS OF POTENTIAL SOURCES WHO FAIL TO
CONTACT US BECAUSE OF LACK OF CONFIDENCE IN OUR ABILITY TO PROTECT
THEIR IDENTITIES-
11R- CHAIRMAN, IN A TIME WHEN HUMAN SOURCES OF INTELLT'- NCE
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ARE OF CRITICAL IMPORTANCE, THERE CAN BE NO DOUBT THAT UNAUTHORIZED
DISCLOSURES OF IDENTITIES OF OUR OFFICERS, AGENTS, AND SOURCES
CONSTITUTE A SERIOUS THREAT TO OUR NATIONAL SECURITY. THE THREAT
MAY NOT BE AS DIRECT AND OBVIOUS AS THE DISCLOSURE OF MILITARY
CONTINGENCY PLANS OR INFORMATION ON WEAPONS SYSTEMS- IT IS
INDIRECT AND SOMETIMES HARD TO GRASP. BUT THE NET KEY RESULT
IS DAMAGED INTELLIGENCE CAPABILITY AND REDUCED NATIONAL SECURITY-
THOSE WHO SEEK TO DESTROY THE INTELLIGENCE CAPABILITIES OF
THE UNITED STATES, AND OTHERS, WHOSE OPPOSITION TO IDENTITIES
LEGISLATION IS BASED UPON GENUINE CONCERN ABOUT FIRST
AMENDMENT CONSIDERATIONS, HAVE PROPAGATED A NUMBER OF FALLACIES AND
MISCONCEPTIONS- UNDERSTANDABLY, SOME OF THESE HAVE FOUND THEIR WAY
INTO DISCUSSIONS OF IDENTITIES LEGISLATION BEFORE THE CONGRESS AND
IN THE PRESS.
ONE OF THESE FALLACIES IS THAT ACCURATE IDENTIFICATION OF CIA
PERSONNEL UNDER COVER CAN BE MADE MERELY BY CONSULTING PUBLICLY
AVAILABLE DOCUMENTS, LIKE THE STATE DEPARTMENT'S BIOGRAPHIC
REGISTER, AND THAT IDENTITIES LEGISLATION WOULD IMPINGE ON DISCUSSION
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OF INFORMATION THAT IS IN THE PUBLIC DOMAIN. THIS IS ABSOLUTELY
UNTRUE. THERE IS NO OFFICIAL UNCLASSIFIED LISTING ANYWHERE THAT
IDENTIFIES UNDERCOVER CIA OFFICERS? THE INTELLIGENCE RELATIONSHIPS
WHICH WE ARE SEEKING TO PROTECT ARE CLASSIFIED, AND A GREAT DEAL
OF MONEY AND EFFORT IS EXPENDED TO MAINTAIN THEIR SECRECY. THE
NAMES OF INDIVIDUALS WHO ARE INTELLIGENCE OFFICERS DO APPEAR IN
CERTAIN UNCLASSIFIED DOCUMENTS, BUT THEY ARE NOT IDENTIFIED AS
INTELLIGENCE OFFICERS. THIS IS CONSISTENT WITH OUR NEED TO
ESTABLISH AND MAINTAIN COVER TO CONCEAL THE OFFICER'S INTELLIGENCE
AFFILIATION. THE STATE DEPARTMENT BIOGRAPHIC REGISTER, AN
UNCLASSIFIED DOCUMENT UNTIL 1975, AND SIMILAR DOCUMENTS CANNOT
BE USED, WITHOUT ADDITIONAL SPECIALIZED KNOWLEDGE AND SUBSTANTIAL
EFFORT, TO MAKE ACCURATE IDENTIFICATIONS OF INTELLIGENCE PERSONNEL-
IT IS ONLY BECAUSE OF THE DISCLOSURE OF SENSITIVE INFORMATION
BASED ON PRIVILEGED ACCESS AND MADE BY FAITHLESS GOVERNMENT
EMPLOYEES WITH THE PURPOSE OF DAMAGING U.S. INTELLIGENCE EFFORTS,
THAT THE PUBLIC HAS BECOME AWARE OF INDICATORS IN THESE DOCUMENTS
THAT CAN SOMETIMES BE USED TO DISTINGUISH CIA OFFICERS- IT IS
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NOTEWORTHY, HOWEVER, THAT THESE INDICATORS DO NOT INVARIABLY LEAD
TO CORRECT IDENTIFICATIONS. THE SUBSTANTIAL NUMBER OF
ACCURATE IDENTIFICATIONS THAT ARE BEING MADE BY THE COVERT
CTION,INFORMATION BULLETIN LONG AFTER THE BIOGRAPHIC REGISTER
CEASED TO BE PUBLICLY AVAILABLE INDICATES THAT THESE DISCLOSURES
ARE BASED ON EXTENSIVE ADDITIONAL INVESTIGATION, PRESUMABLY USING
MANY OF THE SAME TECHNIQUES AS ANY INTELLIGENCE SERVICE USES IN
ITS COUNTERINTELLIGENCE EFFORTS-
ANOTHER FALLACY WIDELY CIRCULATED BY OPPONENTS OF IDENTITIES
LEGISLATION IS THAT PROHIBITION OF THE UNAUTHORIZED DISCLOSURE OF
INTELLIGENCE IDENTITIES WOULD STIFLE DISCUSSION OF IMPORTANT
INTELLIGENCE AND FOREIGN POLICY ISSUES. THIS SIMPLY IS NOT SO-
IDENTITIES LEGISLATION IS NOT DESIGNED TO FORESTALL CRITICISM OF
INTELLIGENCE ACTIVITIES, PREVENT THE EXPOSURE OF WRONGDOING, OR
"CHILL" PUBLIC DEBATE ON INTELLIGENCE AND FOREIGN POLICY MATTERS-
RATHER, SUCH LEGISLATION WOULD PROTECT A NARROW, ESSENTIAL
ELEMENT OF OUR NATIONS FOREIGN INTELLIGENCE PROGRAMS FOR WHICH THE
CONGRESS APPROPRIATES TAXPAYER DOLLARS YEAR AFTER YEAR. IN THIS
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REGARD, IT IS IMPORTANT TO RECALL THAT VIRTUALLY ALL OF THE
LEGITIMATE OFFICIAL AND UNOFFICIAL EXAMINATIONS OF INTELLIGENCE
ACTIVITIES WHICH HAVE TAKEN PLACE OVER THE PAST SEVERAL YEARS HAVE
BEEN ACCOMPLISHED WITHOUT THE REVELATION OF INTELLIGENCE
IDENTITIES OF THE KIND WE ARE SEEKING TO PROTECT. EXTENSIVE
PUBLIC AND CONGRESSIONAL SCRUTINY AND CRITICISM OF INTELLIGENCE
ACTIVITIES HAS TAKEN PLACE WITHOUT RECOURSE TO WHOLESALE
DISCLOSURE OF THE NAMES OF INTELLIGENCE PERSONNEL- MR-
CHAIRMAN, IDENTITIES LEGISLATION IS DESIGNED TO DISCOURAGE
ACTIVITY THAT THREATENS THE VERY LIFEBLOOD OF OUR NATION S
INTELLIGENCE APPARATUS? I URGE THE COMMITTEE TO EXAMINE
CLOSELY THE CLAIMS OF THOSE WHO CONTEND THAT THERE ARE
LEGITIMATE REASONS FOR THE UNAUTHORIZED DISCLOSURE OF
INTELLIGENCE IDENTITIES AND THAT SUCH DISCLOSURES ARE IN THE
PUBLIC INTEREST. THESE CLAIMS ARE WITHOUT MERIT AND MUST BE
REJECTED WHEN WEIGHED AGAINST REAL AND CERTAIN DAMAGE TO THE
NATIONAL INTEREST-
ANOTHER SERIOUS MISCONCEPTION WHICH HAS ARISEN IN
CONNECTION WITH THE DEBATE OVER IDENTITIES LEGISLATION IS THE
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CONTENTION THAT SUCH A STATUTE WOULD PREVENT LEGITIMATE "WHISTLE-
BLOWING" BY INDIVIDUALS WHOSE INTENT IS TO EXPOSE ALLEGED ILLEGALITY
OR IMPROPRIETY. A PROPERLY DRAFTED STATUTE WILL HAVE NO SUCH
EFFECT- PROVISION CAN BE MADE TO ENSURE THAT THE TRANSMITTAL OF
INFORMATION TO THE HOUSE AND SENATE INTELLIGENCE COMMITTEES IS NOT
COVERED BY THE STATUTES PROHIBITIONS, AND WE SUPPORT LANGUAGE
SUCH AS THAT CONTAINED IN SUBSECTION 502(D) OF S. 2215? IDENTITIES
LEGISLATION, THEREFORE, NEED NOT IMPACT AT ALL ON THOSE WHOSE
LEGITIMATE PURPOSE IS TO REPORT ALLEGED WRONGDOING-
STILL ANOTHER MISCONCEPTION IS THE CONTENTION THAT PASSAGE OF
IDENTITIES LEGISLATION WOULD SPELL THE END OF EFFORTS TO ENACT
COMPREHENSIVE INTELLIGENCE CHARTER LEGISLATION- IT HAS BEEN
SUGGESTED THAT THE INTELLIGENCE COMMUNITY WOULD LOSE INTEREST IN A
COMPREHENSIVE CHARTER IF AN IDENTITIES BILL WERE TO BE ENACTED
SEPARATELY- MR- CHAIRMAN, THE COMMITMENT OF THE INTELLIGENCE
COMMUNITY TO COMPREHENSIVE CHARTER LEGISLATION IS WELL KNOWN AND
HAS BEEN STATED OFTEN. I STATE IT AGAIN BEFORE YOU TODAY. WE
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SINCERELY REGRET THAT IT WAS NOT POSSIBLE TO PROCEED WITH A FULL
CHARTER BILL THIS YEAR. THE INTELLIGENCE COMMUNITY'S INTEREST IN
CHARTER LEGISLATION WILL NOT EVAPORATE UPON PASSAGE OF A SEPARATE
IDENTITIES BILL- IDENTITIES LEGISLATION IS URGENTLY NEEDED AND
SHOULD PROCEED ON ITS OWN MERIT- IT MUST NOT BE HELD HOSTAGE TO
COMPREHENSIVE CHARTER LEGISLATION-
MR- CHAIRMAN, I WOULD LIKE NOW TO DISCUSS HOW IDENTITIES
LEGISLATION CAN BE STRUCTURED SO AS TO EFFECTIVELY PROSCRIBE THE
MOST DAMAGING UNAUTHORIZED DISCLOSURES WITHOUT IMPAIRING THE
RIGHTS OF AMERICANS OR INTERFERING WITH CONGRESSIONAL OVERSIGHT-
CONGRESS SHOULD ENACT LEGISLATION WHICH WILL FULLY REMEDY THE
PROBLEMS WE FACE- PASSAGE OF A STATUTE THAT IS TOO LIMITED IN ITS
COVERAGE, THAT COULD BE EASILY CIRCUMVENTED, OR WHICH WOULD GO
UNENFORCED BECAUSE OF UNMEETABLE BURDENS OF PROOF WOULD BE COUNTER-
PRODUCTIVE- SUCH A STATUTE WOULD GIVE THE IMPRESSION OF SOLVING
THE PROBLEM WITHOUT ACTUALLY DOING SO-
LEGISLATION IN THIS AREA SHOULD, FIRST OF ALL, HOLD CURRENT
AND FORMER GOVERNMENT EMPLOYEES AND OTHERS WHO HAVE HAD AUTHORIZED
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ACCESS TO CLASSIFIED IDENTITIES INFORMATION TO A HIGHER STANDARD
THAN PERSONS WHO HAVE NOT HAD SUCH ACCESS- SUCH INDIVIDUALS,
BECAUSE OF THEIR EMPLOYMENT RELATIONSHIPS OR OTHER POSITIONS OF
TRUST, CAN LEGITIMATELY BE HELD ACCOUNTABLE FOR THE DELIBERATE
DISCLOSURE OF ANY IDENTITY THEY KNOW, OR HAVE REASON TO KNOW, IS
PROTECTED BY THE UNITED STATES-
WITH REGARD TO SUCH INDIVIDUALS, THE LEGISLATION SHOULD
REQUIRE PROOF THAT A DISCLOSURE IS MADE WITH CULPABLE KNOWLEDGE,
OR WITH KNOWLEDGE OF SUFFICIENT FACTS TO MAKE THE AVERAGE PERSON
AWARE OF THE NATURE AND GRAVITY OF HIS ACTIONS. THIS IS AN
IMPORTANT ELEMENT BECAUSE IT MUST DESCRIBE A STATE OF MIND WHICH
WILL SUPPORT THE ATTACHMENT OF CRIMINAL SANCTIONS, AND AT THE
SAME TIME BE CAPABLE OF PROOF IN THE KINDS OF DISCLOSURE CASES
WHICH HAVE BEEN DAMAGING- IF A PERSON WITH AUTHORIZED ACCESS
DISCLOSES INFORMATION KNOWING THAT IT IDENTIFIES AN INTELLI-
GENCE OFFICER UNDER COVER, THAT PERSON SHOULD BE CONSIDERED
TO HAVE ACTED WITH CULPABLE KNOWLEDGE. THE KNOWLEDGE FORMU-
LATION MUST NOT BE SO DIFFICULT OF PROOF AS TO RENDER THE
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STATUTE USELESS- WE WOULD OPPOSE, THEREFORE, ANY REQUIREMENT SUCH
AS THE ONE CONTAINED IN REPRESENTATIVE ASPIN'S BILL, H.R. 6820,
FOR THE GOVERNMENT TO PROVE THAT THE SPECIFIC INFORMATION DISCLOSED
WAS ACQUIRED DURING THE COURSE OF THE INDIVIDUALS OFFICIAL
DUTIES-
SECONDLY, WE BELIEVE IT IS ESSENTIAL THAT INDIVIDUALS WHO
CONSPIRE WITH OR ACT AS ACCOMPLICES OF PERSONS HAVING AUTHORIZED
ACCESS TO CLASSIFIED IDENTITIES INFORMATION NOT ESCAPE RESPONSIBILITY
FOR THEIR ACTIONS. THUS, THE LEGISLATION SHOULD NOT NEGATE THE
NORMAL APPLICABILITY OF THE GENERAL FEDERAL ACCOMPLICE AND CONSPIRACY
STATUTES-
MR- CHAIRMAN, A STATUTE IN THIS AREA, IF IT IS TO BE EFFECTIVE,
MUST ALSO COVER THOSE WHO HAVE NOT HAD AN EMPLOYMENT OR OTHER
RELATIONSHIP OF TRUST WITH THE UNITED STATES INVOLVING AUTHORIZED
ACCESS TO CLASSIFIED IDENTITIES INFORMATION- THE IDENTITIES
PROVISIONS IN S. 2284 AS INTRODUCED, IN SENATOR BENTSEN'S S- 191,
AND IN REPRESENTATIVE ASPIN'S H.R. 6820 ARE SERIOUSLY DEFICIENT,
BECAUSE THEY OMIT THIS BROADER COVERAGE-
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BROADER COVERAGE WHICH IS SOUGHT BY THE ADMINISTRATION. THE
APPROACH CONTAINED IN SECTION 501(B) OF THE PROPOSED IDENTITIES
LEGISLATION IN S. 2216 WOULD NECESSITATE, IN ADDITION TO THE
REQUIREMENTS APPLICABLE TO INDIVIDUALS WHO HAVE HAD AUTHORIZED
ACCESS, THAT INDIVIDUALS WHO HAVE NOT HAD SUCH ACCESS ACT "WITH
THE INTENT TO IMPAIR OR IMPEDE THE FOREIGN INTELLIGENCE ACTIVITIES
OF THE UNITED STATES." THIS FORMULATION WOULD MAKE POSSIBLE
PROSECUTION OF THOSE WHO SEEK TO DESTROY THE INTELLIGENCE CAPABI-
LITIES OF THE UNITED STATES, WHILE LEAVING UNTOUCHED ANYONE
WHO MAKES A DISCLOSURE WITHOUT THE REQUISITE INTENT.
THE ADMINISTRATION PROPOSAL DRAFTED BY THE DEPARTMENT OF
JUSTICE, ON THE OTHER HAND, WOULD COVER PERSONS WHO HAVE NOT HAD
AUTHORIZED ACCESS TO CLASSIFIED IDENTITIES INFORMATION IN A
DIFFERENT WAY. SUCH PERSONS WOULD BE COVERED IF THEY DISCLOSE A
PROTECTED IDENTITY "WITH THE KNOWLEDGE THAT SUCH DISCLOSURE IS
BASED ON CLASSIFIED. INFORMATION." THIS FORMULATION COULD COVER
THE MOST EGREGIOUS CURRENT CASES, SUCH AS THE DISCLOSURES BY
COVERT ACTION INFORMATION BULLETIN, BUT ONLY IF THE USE OF CRIMINAL
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INVESTIGATIVE TECHNIQUES PROVIDED SUFFICIENT PROOF THAT THE
DISCLOSURES WERE BASED ON CLASSIFIED INFORMATION-
FIR- CHAIRMAN, THE SUGGESTION HAS BEEN MADE THAT CRIMINAL
PENALTIES FOR THE UNAUTHORIZED DISCLOSURE OF INTELLIGENCE IDENTITIES
SHOULD APPLY ONLY WHEN THERE IS ACTUAL INJURY TO THE INDIVIDUAL WHOSE
IDENTITY IS REVEALED, OR WHERE THE REVELATION COULD REASONABLY BE
EXPECTED TO JEOPARDIZE THE INDIVIDUALS SAFETY- WE STRONGLY OPPOSE
SUCH A LIMITATION- WHILE THE PERSONAL SAFETY OF OUR OFFICERS AND
SOURCES IS A VERY IMPORTANT CONSIDERATION IN OUR PURSUIT OF THIS
LEGISLATION, WE ARE ALSO CONCERNED ABOUT THE MAINTENANCE OF AN
EFFECTIVE INTELLIGENCE APPARATUS. UNAUTHORIZED DISCLOSURES OF
INTELLIGENCE IDENTITIES DAMAGE INTELLIGENCE CAPABILITIES, AND
CRIMINAL PENALTIES SHOULD APPLY REGARDLESS OF WHETHER THE PARTICULAR
INDIVIDUAL WHOSE IDENTITY IS REVEALED IS PHYSICALLY HARMED OR
IMMEDIATELY THREATENED BY THE DISCLOSURE-
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R. CHAIRMAN, THERE IS A PRESSING NEED FOR EFFECTIVE LEGISLATION
TO DISCOURAGE UNAUTHORIZED DISCLOSURES OF INTELLIGENCE IDENTITIES-
THE CREDIBILITY OF OUR COUNTRY IN ITS RELATIONSIPS WITH FOREIGN
INTELLIGENCE SERVICES AND AGENT SOURCES, THE PERSONAL SAFETY AND
WELL-BEING OF PATRIOTIC AMERICANS SERVING THEIR COUNTRY, AND
THE PROFESSIONAL EFFECTIVENESS AND MORALE OF OUR COUNTRY'S INTELLI-
GENCE OFFICERS ARE ALL AT STAKE.
As MATTERS NOW STAND THE IMPUNITY WITH WHICH PROTECTED
INTELLIGENCE IDENTITIES MAY BE EXPOSED IMPLIES A GOVERNMENTAL
POSITION OF NEUTRALITY- IT SUGGESTS THAT U.S. INTELLIGENCE
OFFICERS ARE "FAIR GAME" FOR THOSE MEMBERS OF THEIR OWN SOCIETY
WHO TAKE ISSUE WITH THE EXISTENCE OF CIA OR FIND OTHER PERVERSE
MOTIVES FOR MAKING THESE UNAUTHORIZED DISCLOSURES- SPECIFIC
STATUTORY PROHIBITION OF SUCH ACTIVITY IS CRITICAL TO THE MAINTENANCE
OF AN EFFECTIVE FOREIGN INTELLIGENCE SERVICE- IT IS IMPERATIVE
THAT A MESSAGE BE SENT THAT THE UNAUTHORIZED DISCLOSURE OF INTELLI-
GENCE IDENTITIES IS INTOLERABLE-
I SINCERELY APPRECIATE YOUR GENUINE CONCERN ABOUT OUR
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INTELLIGENCE CAPABILITIES AND WHOLEHEARTEDLY SUPPORT YOUR EFFORTS
TO DEAL WITH THIS SERIOUS PROBLEM- I ENCOURAGE YOU TO PROCEED TO
REPORT LEGISLATION THAT WILL PROVIDE AN EFFECTIVE REMEDY-
1A
Approved For Release 2003/04/02 : CIA-RDP91-00901 R000100220002-4