IDENTITIES LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83M00210R000300060016-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 20, 2016
• Document Release Date: February 28, 2007
• Sequence Number: 16
• Publication Date: May 8, 1981
• Content Type: REPORT

Approved For Release 2007/03/01: CIA-RDP83MOO21OR000300060016-1
identities Legislation
8 MAY 1981
Last Friday the Senate Judiciary Subcommittee on Security
and Terrorism convened to take t:-sL: mony on S. the Seimte
version of the Intelligence Identities; Protec-i:i.on Act. Te!~:t_i.fy-
ing were: Senator John H. Chafer (k, , 111) ,, the B1l1. F s chief
sponsorP the DCIV accompanied by the Acting 1)1.)(-) and.
Legislative Counsel; Richard Willard, Counsel to the Attorney
General for Intelligence Policy; Morton Ha?-per. in. and Jerry Berman,
ACLU; and Jack Maury, represents :+cv 151-':t 0 testimony ways well rece5.ve`e3,
with the Subcommittee Chairman ecpr.e.;~;ing su for expeditious
reporting of the Bill to the full Committee.. STAT
It was evident that opponents of the IBi1l are fully cognizant;
of the fact that they do not have the votes to prevent Senate
passage of S. 391. Moreover, based on the types of questions and
hypotheticals posed by Senator Biden, it is also apparent that
opponents of the legislation are hard-pressed to come up with
persuasive and compelling arguments against enactment.
I STAT
Senator Biden argued that enactment of the Bill as
currently drafted could prove counterproductive if the key
subsection was eventually found to be unconstitutional. He
also argued that passage of the Bill. in its current form could
prevent disclosure of the identities of "double agent moles.."
During the course of this line of inquiry Senator Biden stated
that HPSCI Chairman Boland had received a letter from Philip
Heymann, former Chief of the Criminal Division of the Department
of Justice, on behalf of himself, Professor. Anton Scalia, and
Attorney Floyd Abrams reiterating constitutional conc.erns, with
the key provision of the Bill and suggesting a new approach.
We have obtained a copy of this letter and the draft provision,
which, on preliminary analysis, doe.: not appear to b- an
attractive alternative to the current 1-louse or Senate versions.
II
STAT
Approved For Release 2007/03/01: CIA-RDP83MOO21OR000300060016-1