LEAKS LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP88G01117R000100070001-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 22, 2016
• Document Release Date: April 28, 2011
• Sequence Number: 1
• Publication Date: March 17, 1986
• Content Type: MEMO

Sanitized Copy Approved for Release 2011/04/28 :CIA-RDP88G01117R000100070001-2
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17 March 1986
OCA 86-0100/4
t~ED7ORAA'DUt: FOR: Director of Central Intelligence
FF?Ot': Director, Office of Congressional Affairs
StTBJECT: Leaks Legislation
1. As you kno4:, 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
withdraca leaks legislation from FY87 Intelligence Authorization
Bill because of intense opposition from other agencies,
especially DoJ, to our proposal. (See I,ettEr to OP1P~ Director
tiller at Tab A)
2. It is obvious that we will make no progress toward
obtaining leaks legislation until we reach a high level
consensus on ttie 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:
--Lnlist the Secretaries of Defense and State to support
the need for leaks legislation and have them join a call
for a meeting of the P?SPG to decide the issue.
--Send the attact;ed letter to the Attorney General (Tab B)
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 t'SFG by
mid-P_pri~l to decide whether the Administration will commit
to Leaks legislation.
Davi D. Grles
Attachments:
as stated
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Distribution:
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Leaks
FY 87 Intel Auth
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LEG/OCA 'b (17 r~iarch 1986)
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Caxral Mna /1~cv
6 March 1986
The Honorable James C. Miller III
Director
Office of Management and Budget
Washington, D.C. 20503
C
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 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 Lrust that OMB will
support and facilitate the enactment of strong leaks legislation this
year.
Sincerely,
Ac Ong Dir for of Central Intelligence
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Central Intelligence Agency
r2.5 MAR 1986
The F?onorable Edwin Meese, III
The Attorney General
6dashington, 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
compromise of our intelligence sources, both human anc'
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. j.,~e simply must restore discipline to the handling of
sensitive information.
~?~hile there is no single solution to the .problem of leaks,
one stef~ 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. Pnactment 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.
~~~]e 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 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, 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 prevision from the F.uthorizatior. Lill.
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I do not t,elieve we car, continue to inc?efir,itely postpone
takino effective action. ^'~o rnanv of our nation's .secrets have
already been compror~,ised to continue z husines~ as u:-~ual
attitu~e. Eecause this issue can only he cecic~ec at the
hig},est levels of the Administration, I intent? to press for a
meeting of the P!SPG at the earlie.=,t possible date to at~Cress
tl,e question of whet}~,er the Administration i~ willing to ~rerk
for enactment of leaks legislation. For the reasons set forth
above, I am convinces' that new legislation is a i;ey first step
in tackling this problem, and I hope I can count on your active
support in accomplishir:g this goal. I ar; sure that we can e~ork
together to prepare effective legislation. I '_ook forward to
hearinc from you ter. this matter in the very near future.
Sincerel}~,
4?illiam ~~. Case;'
Director of Central Intelligence
cc: Secretary of Defense
Secretary. of State
P.ssistant to the Fresident for
2aationGl Securit}~ F~ffairs
Director of t'anagement and L~udget
Distribution:
Original -Addressee
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-Leaks
FY 87 Intel Auth
er
LF)G/OCA b (17 P~larch 1986)
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