TWO HUNDRED AND TWENTY-FIRST MEETING WEDNESDAY, MAY 9, 1979
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP85-00821R000100040017-4
Release Decision:
RIPPUB
Original Classification:
S
Document Page Count:
15
Document Creation Date:
December 12, 2016
Document Release Date:
June 4, 2001
Sequence Number:
17
Case Number:
Publication Date:
May 14, 1979
Content Type:
MIN
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DIRECTOR OF CENTRAL INTELLIGENCE
Security Committee
Minutes
Two Hundred and Twenty-first Meeting
Wednesday, May 9, 1979, 1000-1200 Hours
Room 7D32, Langley Headquarters Building
Robert W. Gambino
Chairman
Presiding
2.5X1 A
2.5X1 A
14 May 1979
Defense Intelligence Agency
Mr. Merrill T. Kelly, Department of the Army
Mr. D. Jerry Rubino, Department of Justice
Mr. David Ryan, Federal Bureau of Investigation
Mr. Dennis Southern De artment of the Treasury
0 Central Intelligence Agency
>r. eorge Weisz, Department of Energy
Mr. Richard L. Welch, Department of the Navy
National Security Agency
Mr. o er inze , Federal Bureau of Investigation
National Security Agency
Mr. David Hump rey, Department of the Treasury
Mr. David McCabe, Department of State
Mr. Lawrence Myers, Department of the Air Force
Lt. Col. Ernest Z. Peterson, Department of the Air Force
Mr. Charles Torpey, Department of the Air Force
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WARNING NOTICE OR1G9NAt CL gY . S i gn e r
INTELLIGENCE SOURCES O DECL U REVW ON 15 May 9 ~
AND 1.4ETHODS INVOLVED fKY BYND a YRS BY 1 ? n e r
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ALSO PRESENT
Mr. Maynard Anderson, Department of Defense (ODUSP)
Central Intelligence Agency
ug Enforcement Agency
Chairman, Security Awareness Working Group
tral Intelligence Agency
ndolph, Department of Commerce
ser, Department of State
j"aional Security Agency
National Security Agency
r. Roger Smith, Department of the Air Force
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PRELIMINARY REMARKS
The Chairman opened the meeting by introducing
of NSA's Office of General Counsel, the
chairman-designate of the Committee's responsible
for unauthorized disclosures; of CIA's
Office of General Counsel; an o . Ernest Peterson, the
Air Force alternate, representing his department for this
meeting. (U)
2. The Chairman noted that the staff, pursuant to
agreement by the members at the March conference, had prepared
a first draft revision of DCID 1/11. He said this had been
sent to subcommittee chairmen, and advised that their comments
would be used in preparing a second draft which would.be
circulated to Committee members. (U)
3. The Chairman advised that had
reported for duty with the Communi y Security Group as t e
iiii personnel security branch. Mr, Gambino welcomed
to the Committee staff. (U)
4. The Chairman noted that the members' consensus at
the April meeting had been to continue to strive for a central
index of SCI denials. He advised of a staff suggestion that
members provide the Community Security Group over a three-week
period the names of persons their agencies turn down for SCI
access. Mr. Gambino said this would enable us to size the
problem, and assess whether the benefits of having such a
list would outweigh anticipated problems associated with it.
Discussion surfaced concerns about compilation of such a list,
and showed that it would not be practicable to have one agency
maintain an informal roster of SCI denials and run checks against
it as a test exercise in connection with National Agency Checks
being conducted on persons considered for SCI access. Mr. Gambino
advised that he was withdrawing the staff suggestion in view of
member comments. (FOUO)
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5. The Chairman advised members that the FBI was
moving ahead on arrangements for an informational briefing
on Freedom of Information Act matters. He said this would
be open to Intelligence Community personnel concerned with
processing FOIA requests and with classification management,
as well as security personnel. Mr. Gambino noted that the
target date was mid-June, and that details on time and place
would be provided later. (FOUO)
6. Air. Gambino referred to a recent letter to the DCI
from Chairman Boland of the House Intelligence Committee
expressing concern about the apparent wide dissemination of
.a Defense publication containing operational data on technical
collection systems.- Mr. Gambino noted that the DCI's reply
stated the need to protect sensitive sources and methods, and
advised that he was asking Secretary Brown to respond directly
to Chairman Boland's concerns. Mr. Gambino suggested to members
that they might wish to ensure that their agencies maintained
thorough security control over any copies of this publication
they received. Ile identified it as the Top Secret codeword
supplement to the "DoD Plan for Intelligence Su ort to
Tactical Forces Capabilities Handbook." advised
that other publications of equal or greater sensitivity had
recently been distributed relatively widely. Mr. Gambino
asked him to provide the titles to the Committee staff.
Mr. Anderson said efforts were underway in Defense to tighten
security controls over dissemination of sensitive intelligence
source and method data. (FOUO)
7. The Chairman noted that misconceptions had apparently
arisen over CIA's role associated with zero base reviews of
SCI accesses held by contractor personnel. He referred to
the 15 December 1978 memorandum by the Chairman of the Compart-
mentation Subcommittee advising of that body's cognizance of
CIA's offer to collect, during visits to contractor facilities,
data on SCI accesses by granting agency and to forward such
information to the sponsoring agency for validation. Mr. Gambino
said. CIA personnel were now instructed not to ask for data on
NSA granted accesses during visits to contractors. He advised
that CIA personnel visiting contractors would still perform
the collection and referral function for those member agencies
which wanted to avail themselves of this service.
suggested that it would be helpful for CIA'.s Compar men e
Information Branch to check with other agencies before visits
began to ensure that this CIA service was still desired. (FOUO)
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8. The Chairman advised that the Director of the
Information Security Oversight Office (ISOO) had recently
written the DCI soliciting his views on the most appropriate
intervals between declassification reviews of information
bearing on intelligence sources and methods. Mr. Gambino
noted that a draft of the reply to Mr. Blouin was at members'
places, and asked that they review it and provide their comments
25X1 A by May 15th. said the draft had been coordinated
with and reflec e e vi-ews of Mr. Allan Thompson, National
Archives. (U)
9. The Chairman invited members' attention to the Secretary's
Notes at their places. These provide information on the security
procedures to be used for the Foreign Intelligence Surveillance
Court. (U)
10. The Chairman advised that a videotape had been made
of the Attorney Genera-l's 8 May presentation at CIA on "intel-
ligence and the legal s stem." He said members wanting to
2.7A see it should contact Chairman of the Security
Awareness Working Group.
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ITEM 1: Approval of Minutes
There being no changes requested, the Chairman advised
that the minutes of the 11 April meeting were approved as
written. (U)
ITEM 2: Reports of Working Group Chairmen
a. Security Awareness - oted that progress
on the draft "minimum standar s tor security awareness programs"
was contingent on receipt of responses from Community agencies.
agencies were yet to be heard from in this regard.
advised that his working group expected to have
completed-by the end of May a strawman version of the proposed
security orientation for senior officials. (U)
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ITEM 3: Unauthorized Disclosure Procedures
Mr. Gambino noted that of NSA had been 2
nominated by Admiral Inman an accep e o c air the Committee's
Unauthorized Disclosure Group. Mr. Gambino advised that we
were following up on Committee agreement at the March conference
he group to full subcommittee status. He said
was working on a draft charter to be an attachment 2
11. Mr. Gambino then asked to 2
brief members on recent 14SC Special Coor ination Committee SCC
actions bearing on unauthorized disclosures (''leaks'').
advised that the CIA General Counsel and the Attorney Gen era
had met recently to discuss investigation of lea'.-,s in connection 2
with SCC review of an issues paper on security. The Justice
view stated during this discussion apparently was th w uld
not investigate leaks but would investigate crimes.
said Justice seemed to believe that serious leaks could e
considered criminal under either section 793 or 798 of Title 18,
US Code. He noted that Justice apparently wishes to avoid the
confrontations with the press they see as inevitable in investi-
gations of leaks. A potential problem for the Community in the
Justice approach is that action on leaks will tend to be more
a function of the degree of criminality seen in them by Justice
than of the degree of seriousness seen in terms of damage to
intelligence sources and methods. (FOUO)
Mr. Gambino suggested the need for a quick-acting mechanism
to review leaks and determine which are really damaging so
that we can refer to Justice for investigation only those
which are truly significant. (FOUO)
said his review of suggested tasking for his
subcommi ee led him to believe that their charter should be
broadened to cover disclosures resulting from any cause, to
include espionage, negligence and losses caused by violence
involving US installations. With regard to leak investigations,
he said he believed Justice would be responsive to widely shared
concerns, and he suggested we approach leak cases along the lines
proposed by Mr. Gambino with the referr the full
backing of the Intelligence Community. said he saw 2
a continuing need for Community agency a r fer to Justice'
under section 1-707 of E.O. 12036 "cases involving serious or
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continuing breaches of security," but that all such referrals
should be accompanied by lateral advice to the Security
Committee to ensure. continuing cognizance of the scope of
the problem. He suggested the need for a common reporting
format, and for the new subcommittee to monitor legislative
proposals bearing on disclosures. said he believed
better procedures were needed to handle authorized disclosures
to ensure that sensitive source and method data was-not inad-
'vertently released with intelligence product. He said he was
concerned about the impact on sources and methods of the large
number of leaks relating to SALT verification.
recommended that the new charter for the subcommittee make it
very clear that agencies are both authorized and expected to
investigate leaks of internal origin. He suggested that the
.new subcommittee's membership should include attorneys as
needed to deal effectively with legal issues. (FOUO)
In subsequent discussion, members agreed that the new
subcommittee should be tasked to consider all disclosures of
intelligence whether arising from leaks or otherwise. The need
for flexibility was noted in order to respond effectively to
cases as new information is developed and new factors come to
light. Mr. Gambino said our system would have to be responsive
both to the Community and to tasking on us individually by our
respective agency superiors. He suggested that damage assess-
ments in significant cases be prepared in the light of impact
on the whole Community, and that follow-ups be made to ensure
that findings are updated to reflect subsequent events caused
or influenced by disclosures. suggested that
evaluations of leaks address t Pe extent of dissemination of
the compromised information and other factors which would
logically impact on the likelihood of successful investigation.
Mr. Ryan, FBI, suggested that the Committee address the issue
of investigations for deterrent purposes, noting that the
case for such would have to be carefully presented in view of
Justice's reluctance to authorize investigations for other than
prosecutive objectives. noted that Justice had
prepared written analyses on section 1-707 of E.O. 12036, and
on when leaks may be held criminal under section 793 of Title 18.
In closing, it was noted that the Unauthorized Disclosures Group
was to draft a subcommittee charter for later review and approval
at a senior level; and was to operate in the interim to evaluate
and propose action on serious leaks of Community concern. (FOUO)
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ITEM 4: Revision of DCID 1/7
Mr. Gambino noted that a draft revision of this DCID had
been distributed to members with a request for their agencies'
concurrence or comments at this meeting. He advised that the
issue of concern to NSA about the marking specifying foreign
releasability of documents had been resolved. The agreed new
language was provided members by Mr. Gambino's memorandum of
8 May 1979 which was distributed at the meeting. (FOUO)
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~EcR
Mr. Gambino advised that the DCI had expressed his clear
preference for
He asked members for t eir views on how
this matter should be addressed in the DCID. Mr. Anderson,
Defense, said his office did not believe that the Directive
should authorize a "NOFORN" marking as its use had the
unfortunate effect of leading some persons to conclude that
material not so marked was releasable to foreign governments.
He proposed that paragraph 6e of the draft DCID, establishing
the "NOFORN" marking, be deleted. Members were in general
agreement with this, subject to further coordination. Mr. Welch,
Navy, suggested changes in those sections of the draft bearing
on the "Warning Notice" and the "ORCON" markings. It was
agreed that the staff would prepare a new draft reflecting
necessary revisions. (FOUO)
ITEM 5: Personnel Security Standards
Mr. Gambino advised that arrangements had been made for
Mr. McCabe to brief Mr. Latimer, House Intelligence Committee
Staff Director, on personnel security standards and issues.
(The results of that briefing were provided members by copies
distributed at the meeting of Mr. McCabe's memorandum dated
4 May 1979.) Mr. McCabe said the House Committee planned a
public hearing on this subject for the purpose of identifying
issues, with the apparent expectation that this approach would
facilitate their resolution through the offer of Congressional
assistance. He noted that Mr. Latimer seemed particularly
interested in problems arising from expungement of files, and
concerned as well about the general decline in quality of some
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types of sources and the handling of cases involving drug
abuse and homosexuality. M_Ir. McCabe advised that Ms. Betsey
Keyes of the House Committee staff was actively working on
this subject area. Mr. Ryan suggested that members take note
that limits placed on FBI collection and retention of data
on certain organizations and activities meant that checks of
FBI records might not surface information of possible security
significance. (FOUO)
ITEM 6: Next Meeting
Mr. Gambino advised that Admiral Inman's invitation to
hold the next Committee meeting at NSA had been accepted.
He asked for members' views on what they preferred among
several choices of possible agendas for the meeting. The
consensus favored a very brief business agenda with most of
the meeting devoted to a briefing by of NSA on
technical security threats. Mr. Gam ino requested that the
tentative meeting date of June 6th be maintained if no other
date in June permitting him to attend >ould fit the schedules
of NSA personnel involved. (C)
In subsequent discussion with NSA personnel, the next
meeting was set for 10:00 a.m., Wednesday, 6 June 1979, at
NSA Headquarters. After introductory remarks by Admiral Inman,
will brief the Committee. Details on clearance
requirements and data on parking and logistic arrangements
will be provided later. (FOUO)
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Distribution:
Col. Herbert Kamm, Air Force
Mr. Merrill T. Kelly, Arm
r. Ueorge IVeisz,
Ir,
T-1r.
:"MIr.
Mr.
.r .
Mr.
Mr.
Mr.
Mr.
David Ryan, FBI
Jerry Rubino, Justice
Cyril Frank, DEA
R. L. Welch Nav
Mar c
erman ,
a e
Dennis
Southern,
Treasury
Donald
Stagers;
State
Maynard
Anderson., Defense
William
Randolph, Com.nerce
M
r. avid McCabe, State
Dr. Philip Eckman. CIA
S E C O I ; Subject
SECO'.I Chrono
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2 MAY 1979
SECOM-D-530
MEMORANDUM FOR: Members, DCI Security Committee
FROM: Robert W. Gambino LigwG
Chairman
SUBJECT: IMPACT OF FREEDOM OF INFORMATION ACT
ON INTELLIGENCE COMMUNITY AGENCIES
At the April 11, 1979, Security Committee (SECOM)
meeting, it was agreed that a special meeting would be
held to more fully discuss the impact of the Freedom of
Information Act (FOIA) on Intelligence Community agencies.
Arrangements have been completed for a special meeting
to be held June 19, 1979, at Federal Bureau of Investigation
Headquarters (FBIHQ), Washington, D. C. This meeting, hosted
by the FBI under the auspices of the SECOM, is to be attended
by SECOM members and other appropriate individuals from the
agencies represented by the SECOM'.
A copy of the agenda is enclosed for your informa-
tion. Please advise Dan Downum, Special Agent, FBI, of the
names of individuals from your agency that will be attending
so that appropriate clearances (TS) may be verified and final
arrangements completed which are contingent upon the total
attendance.
Any questions or suggestions you have should be
referred to Mr. Downum, coordinator for this special meeting,
at (202) 324-3567. Also enclosed is a leaflet providing
pertinent information regarding meeting site, telephone
numbers and other helpful information.
Because of time limitation, only a limited number of
presentations will be made at this meeting. However,_if
sufficient interest is exhibited, perhaps additional, similar
presentations may be scheduled in the future.
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19 JUNE 1979
IMPACT OF
FREEDOM OF INFORMATION ACT
ON
OS REGISTRY
0900 - 0915 Registration and Welcome
9015 -- 0945
Cia, Administration an
Operational Problems
9050 - 1020 Thomas H. Bresson, FBI,
Administration and Operational
Problems
1025 - 1040 Break
Captain Karen McClellan,
U.S. Army, Vulnerabilities of
Sensitive Information
Dan Downum, FBI, Vulnerabilities
of Sensitive Information
'1145 - open General Discussion and
Adjournment
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IMPACT OF FREEDOM OF INFORMATION ACT
ON INTELLIGENCE COMMUNITY AGENCIES
FBI HEADQUARTERS AUDITORIUM
ROOM 1427-
19 JUNE 1979, 0900
E STREET
HAMMEL'S
FBI
DRIVE-THRU
ENTRANCE
FBI HEADQUARTERS: Enter the FBI.Building at 10th Street
(one-way south) at the drive-through entrance. Escorts
will be available at this location to assist in parking,
obtaining visitor identification passes, and to bring you
to the FBI Auditorium, Room 1427.
Lunch: If you desire to use the FBI cafeteria, check with
one of the representatives or escorts. Hammel's Restaurant,
with excellent food, is directly across 10th Street from the
FBI drive-through entrance, O'Donnell's Sea Grill, which
specializes in sea food (try the Scallops Norfolk), and
Danker's, which is renowned for steaks, are within three blo--ks.
Tours or Visits: If you desire a tour of the Records Management
Division or other areas- of the building, or if you desire a
special tour through the public facilities, notify the FBI
representative or escort. If you want to visit with anyone at
FBI Headquarters, the FBI representative will assist you.
Telephone: During the special meeting, you can be reached
through FBI telephone number 324-2670. If you experience any
problem, notify the FBI Security Office at 324-4901.
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Baltimore/Washington
Parkway - Route 32
Exit
(East) 1/4 mile
r r_
PARKING AREAS
NSA FORT MEADE
SHADED AREAS DENOTE OPEN PARKING
LINED AREAS DENOTE RESERVED PARKING
AREAS SUBJECT TO REALIGNMENT
OBSERVE TRAFFIC SIGNS
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