LETTER TO VICE CHAIRMAN SHELBY ON UNAUTHORIZED DISCLOSURES

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06230270
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 8
• Document Creation Date: December 28, 2022
• Document Release Date: June 26, 2018
• Case Number: F-2008-01274
• Publication Date: July 5, 2001

Approved for Release: 2018/05/16 C06230270
ocA ot- 011137
ocA )- 222
SUBJECT: Letter to Vice Chairman Shelby on Unauthorized
Disclosures
DCl/OCA,
OCA 2001-2226 (FN:
Distribution:
Original
1
1
1
1
1
1 (b)(3)
5July01
LeglibL(b)(3) 'Shelby UD Responseii.doc)
- Vice Chairman Shelby
- OCA Registry
- D/OCA
-GC
- DAC
- EXO/OCA
hron
(b)(3)
5E 1 /IOLA 1690 I
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Unclassified
US Classification//Non USHSCl//CodewordllFG1//Dissem Connols//Non-Intell/fDeclass (as appropriate)
EXECUTIVE CORRESPONDENCE ROUTING SHEET
1. Origination Office
DCl/OCA/Le islation Group
2. Date
08/03/2001
7 Name
Room No. and Building
Phone
.fizr ,
(b)
4. Subject Letter to Vice Chairman Shelby on Unauthorized Disclosures
5. Originating Office Control It
OCA 2001-2226
5a. Response to DAC # (Originating Office to
Complete)
5b. DAC Control # (DAC Use Only)
6. Justification / Summary (Required for Immediate and Priority Actions)
Routine
J
Priority
Immediate
7. Coordination
This letter has been coordinated with and cleared
Security Council staff.
by the Office of Management and Budget and the National
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FORM 4468
04-00
Unclassified
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PUG-02-2001 12 : 27 OMB/LRD/RDI
202 395 5716 P.01/02
Office of Management anti Budget
Legislative Reference Division
7218 New Executive Office Building
723 17th Street, NW
Washington, DC 20503-0001
Date: 02 August 2001
FROM: Michael Garcia
PHONE [phone]
FAX: [phone]
E-MAIL: [e-mail]
FAX #
COMMENTS:
Attached is the cleared version of the CIA's response letter to Sen. Shelby on "leaks."
This has been reviewed and modified by OMB and NSC.
Thanks.
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CONGRESSIONAL CORRESPONDENCE ACTION PLAN
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Prepare a response for DCI signature.
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RICHARD C. SHELBY. ALABAMA. CHAIRMAN
BOB GRAHAM. FLORIDA. VICE 0/AIRMAN
JON KYL. ARIZONA
JAMES M. INHOFE. OKLAHOMA
ORRIN G. HATCH, UTAH
PAT ROBERTS, KANSAS
MIKE WARNE, OHIO
FRED THOMPSON. TENNESSEE
RICHARD G. LUGAR. INDIANA
CARL LEVIN. MICHIGAN
JOHN D. ROCKEFELLER IV, WEST VIRGINIA
DIANNE FEINSTEIN, CALIFORNIA
RON WYDEN, OREGON
RICHARD J. DURBIN. ILLINOIS
EVAN BATH. INDIANA
JOHN EDWARDS. NORTH CAROUNA
,b4C -,03316
OCA 01- 01103
United eStateli ,*enate
SELECT COMMITTEE ON INTELLIGENCE
TRENT 1017, MISSISSIPPI, EX OFFICIO
THOMAS A. DASCHLE, SOUTH DAKOTA, EX OFFICIO WASHINGTON, DC 20510-8475
BILL DUHNKE, STAFF DIRECTOR
ALFRED CUMIWNG. MINORITY STAFF DIRECTOR
KATHLEEN P. McGHEE. CHIEF CLERK
July 9, 2001
The Honorable George J. Tenet
Director of Central Intelligence
Central Intelligence Agency
Washington, D.C. 20505
Dear Mr. Director:
Last year President Clinton � over the objection of the Attorney General, the Director of
Central Intelligence, and the Director of the FBI � vetoed the Intelligence Authorization bill because it
included a provision that would criminalize the 'leaking' of classified information.
. There remains a consensus within the Intelligence Community and the national security
committees of Congress that leaks of classified information are out of control. Just in the months since
the Bush Administration took office we have seen numerous examples of leaks throughout the
government, particularly in the Hanssen investigation. At present, there is no statutory proscription for
disclosing, without authorization, nondefense classified information. The time has come to fill this void.
Last year's 'leaks' provision was drafted with the cooperation and support of the Attorney
General, the Secretary of State, the Director of the FBI, and the Director of Central Intelligence. In
fact, the Clinton Administration supported the provision in their own Statement of Administration
Policy. Only under intense pressure from the press in the midst of a very competitive presidential race
did the Clinton Administration waver in its support for the provision late last year.
This provision has been in discussion since the Reagan Administration studied the issue in 1985
and recommended enactment of legislation. It is a provision that is long overdue. With your support,
we will work with the Administration to ensure we can enact a tough but fair leaks provision in this
year's Intelligence Authorization Act.
Sincerely,
444
Richard C. She �
Vice Chairman
se IOLA 10301
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. JUL-26-2001 14:21
THE VICE PRESIDENT
WASHINGTON
July 19, 2001
The Honorable Richard C. Shelby
Ranking Republican
Select Committee on Intelligence
United States Senate
Washington, D.C. 20510
Dear Senator Shelby: 1 4t.
Thank - .... ....: i
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Thank you for your letter of July 9th regarding legislatimi to este/Rik crixninapenalties for
unauthorized disclosure of classified info:maim Ittno*Miltly. ift Otte carnets public service,
you and I have seen situations in which people with autf�orized ruireefss- tn. clasaited information
have broken faith and disclosed secrets that have injuredloursdeferisk Idiplorriiinc and intelligence
capabilities and activities. The American people have iiights.to *Pet their Ghvemment to
protect the national security secrets upon which the pioteetiniznd..akiancemint of American
interests depends.
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VI understand that Congress is likely to consider legislatitm fp establi*-criminal penalties for
unauthorized disclosures of classified information in conNetion:wilitonsideration of the
Intelligence Authorization Act for Fiscal Year 2002. Theolottories Gjineral has the lead for the
Administration on legislation defining crimes, such as illouptitthoriZeii disclosures legislation.
The Secretaries of State, Defense, and Energy, the Directed' of eentrilIntdligence, and other
officials whose organizations depend for their effectivereAsirpon probtetion of classified
information, are available to assist the Attorney Ger4rillti this piattor
II have asked the Attorney General to contact yoli.regircEiglslatfori*M unauthorized
disclosures of classified information. Thank you for you(contiaiiing leadetzhip on intelligence
issues. .; _
cc: The Honorable John Ashcroft
Attorney General of the United States
Washington, D.C. 20530
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July 9, 2001
The Honorable Richard B. Cheney
Vice President of the United States
Old Executive Office Building
Washington, D.C. 20501 ,
Den Mr. Vice President
Last year President Clinton� over the objection of the Attorney General, the Director of
Central Intelligence, and the Director of the FBI � vetoed the Intelligence Authorization bill because it
included a provision that would criminalize the 'leaking' of classified information.
There remains a consensus within the Intelligence Community and the national security
committees of Congress that leaks of classified information are out of control. Just in the months since
the Bush Administration took office we have seen numerous examples of leaks throughout the
government, particularly in the Hxnssen investigation. At present, there is no statutory proscription for
disclosing, without authorization, nondefense classified information. The time has come to fill this void.
Last year's `leaks' provision was drafted with the cooperation and support of the Attorney
General, the Secretary of State, the Director of the FBI, and the Director of Central Intelligence. In
fact, the Clinton Adminbtration supported the provision in their own Statement of Administration
Polley. Only under intense pressure from the press in the midst of a very competitive presidential race
did the Clinton Administration waver in its support for the provision late last year.
This provision hu been in discussion since the Reagan Administration studied the issue in 1985
and recommended enactment of legislation. It is a provision that is long overdue. With your support,
we will work with the Admixtisuation to ensure we can enact a tough but fair leaks provision in this
year's Intelligence Authorization Act
Sincerely,
Richard C. Shelby
Vice Chairman
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