TOUGH AGENT DISCLOSURE LAW GAINS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00552R000201080013-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 22, 2016
• Document Release Date: August 11, 2010
• Sequence Number: 13
• Publication Date: March 18, 1982
• Content Type: OPEN SOURCE

Sanitized Copy Approved for Release 2010/08/11: CIA-RDP90-00552R000201080013-8
ARTICLE AFP' ED THE WASHINGTON POST
ON PACE 18 March 1982
`Senate -rops `Intent' Clause
By George Lardner Jr
_ tva~htn?wn Pw49tatt Wrtter. , ~;.,
Handing the CIA and'the Reagan
.administration a major, victory,. the
Senate voted. yesterday-to drop :a
criminal intent. clause from a bill.
making 'it a crime to disclose the
-
names of US. 'int elligence ope ra
tivesBy a surprisingly lopsided vote of
55 to 39, Sen. 'John- H. Chafee (R
R.I.) won approval of a looser stan-
dard that would outlaw such disclo
sures when made with "reason to
believe -that such activities would
impair or impede the foreign intel-.
ligence activities of :;'the United
at,
`measure, which
The controversial
could, come up for --Senate passage
today, would for thee first time== in
American history make it `a crime'.to `
publish: information: even when -ob
tained from public'records.'''
The., identities; c' of r, CIA.-station'
chiefs and other -intelligence officers
assigned ? tv- rherican- em assies
overseas frequently can be gleaned
from library-shelf" documents such as
old editions of the State Depart-
ment's'Biographic'Register
White: House and CIA lobbyists
the other. side along :with a .number of other sen-
ators'..who-had been, thought to be, leaning" to-
ward- the stiffer standard of proof. The:.Senate Judiciary Committee had voted last
.fawto-require a showing of an "intent to impair or
impede-,the foreign intelligence activities of the
United States" on the part of journalists and other
outsiders.-prosecuted under the law.
Chafee, however, contended it would be too
difficult,, to:.. secure-convictions under an "intent"
standard,.which -he argued "provides a loophole
big enough -:to drive a truck through."
Meeting- with reporters after the vote, Chafee
insisted that the ;"legitimate press" could still
cover the CIA:'..adequately without- "naming
names."
"Don't-.give the impression now that you're
being-absolutely handcuffed," Chafee admonished.
"I dbn'.t-think the CIA is going to go:racing around
tryirig'to'nab everybody. You know very well the
typeof -publication" the bill is aimed 'at.
' Journalistic organizations such as. the Society of.,
Professional Journalists, the American Newspaper-
Joined in lobbying against the'
Chafee iirriendment on grounds that it would cri-
mirialize even news stories aimed atdisclosing it-
dlegat;or improper intelligence activities and would
: stifle the publication of many legitimate articles. -
Chafee denied that, insisting journalists would
`have . "one 'whale of a defense":. anytime they.
:named names in disclosing an illegal operation. He
suggested that one story along that line, for exam
ple; ;would not constitute "a pattern of activities
'~--'?--:-ca-y~.,:!>i7i T .y i.i3`.rt3ii~rsGY
;teamed-uli to-help put.Chafee's pro
posal across.and, illustrating_the imp`
portaoce. the- .administration ~'at
. cached to the ;measure, Vice : Presi ;
dent Bush presided, over" th6:-.vote-_,.
Bush.:a? former:zCIA ::director; also.
made about half .a-.dozen.calls-to se
lected senators. last; week,- according?
to.Chafee s z;;~,?~a 'd ; , ~;
"%Ve. took a bath," Jerry Berman-,,
legislative counsel for tl1e American-
Civil-Liberties Union; copceded after
the vote. He said -three senators'who
had indicated 'they, would vote-for a
criminal intent. clause wound up on,
intended-- to- identify and ` expose covert agents,":
`which his amendment also requires.:
The Rhode Islaiid' Republican objected stren-
Bill Bradley _(D-N.J.) moved too?tone down the.
- Chafee amendment ; by. more precisely., defining'
"pattern of activities."
Bradley asked foil roll call vote on his proviso,
but it' was put off until today
Senate passage "of the bill would send it to a?,
conference with- the House, which 'adopted ;an-
even broader.'measu're last September. It. prohibits
-naming former as well as resent CIA' officers for
'five years after any overseas duty;, and forbids the
identification :for:1- life ..of so called contract
sistance; unless the government declassifies their
The bill also protects FBI' counterintelligence
and counterterrorism agents, and informants as
well as officers, agents and sources of other emits
such as the Defense Intelligence Agency.
--
Pi esent and past government officials who have`
had - access to- such names would -face- up-' to -10
years in prison and $50,000 fines. for unauthorized
disclbsure. Journalists-and other' outsiders vrould
face maximum penalties"of three years inI prison
and $15,000 fines
The Society of Professional Journalists pro-
tested in a statement after yesterday's vote that it
was unconstitutional and "strikes at the right of
Americans to monitor their government." ACLU
spokesman John Shattuck said his organization
was "prepared to challenge its constitutionality in
court, assuming it is signed into law."
Sanitized Copy Approved for Release 2010/08/11: CIA-RDP90-00552R000201080013-8