INTELLIGENCE IDENTITIES PROTECTION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000200030018-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 38
• Document Creation Date: December 21, 2016
• Document Release Date: December 1, 2008
• Sequence Number: 18
• Publication Date: September 23, 1981
• Content Type: OPEN SOURCE

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.. :vsEx). Is there objection to the-re- matter, on the bill H.R. 4431,- now
quest of the gentleman from Michi- under consideration.
gan? _ The SPEAKER pro tempore. Is
There was no objection. - ~ ~` there objection to the request of the
The Clerk read the bill, as follows: gentleman from Michigan?
- H.R. 4431. . - :-There was no objection.
Be it enacted by the Senate and House of Mr. FORD of Michigan. Mr. Speak-
Itepresentattves ct/ the United States o1 ' er. I have no further requests for time,
America. in Conpr+ess assembled, That; as and I yield back the balance of my
soon as practicable after the date of the en- time.
actment of this Act: the Postmaster General The bill was ordered. to be engrossed
shall- ::F~~ ~~ "? ?and.read a third time. was read the
: the who had direct, authorized access to -are agents of, informants. or sources
systematic disclosure of overseas Intel- Intelligence identities. of operational assistance to a U.S- i-
ligence.operatives does not present "a ?`he' main controversy surrounding . i
clear and present -danger to a substan- this legislation centers on the .third telligence agency; and non-U.S. cit -
tial interest of the state." category . of offense, .which covers zee whose identity is classified and
h challenge anyone in this Chamber those cases where the offender did not -who are present pr. former agents of a
to disagree -with the Howse _Intelli- have authorized access to classified in- U.S. intelligence agency or- who are in-
gence Committee's finding with re-- formation..-Since this group could en- sistance tto a U.S. inCelligencetagency..~ -
spect to the disclosures made by these ? Compass anyone who revealed -the
publications- .;._ name of an American intelligence offs- ~ Finally, defenses to prosecution are
~' cial-including ~'. journalists=special established to Include: -Cases where-
- The unauthorized disclosure of the names cane. had to ,be -given , to protect first .the United States has publicly ac-
of undercover intelligence agents is a perm- _ _ _
cious act that serves no useful information amendment rights of free speech. knowledged or revealed the. intelli-
function whatsoever. It .does not alert us to The committee- did this by .limiting Bence relationship in question- non- ?
abuses: it does not further civil liberties; it cruninal liability in the third category participation in the actual disclosure
does not enlighten public debate; and it does to those who disclose agents' identities of the information identifying a covert
not contribute one .iota. to the goal of an in the- course of an effort to identify agent, except where the individual
educated and informed electorate. what- and expose covert agents, which effort acted in the course of an effort to
ever the motives of those engaged in such is intended to impair or impede U.S. identify and expose covert agents with
activity, the only result is the disruption of foreign intelligence activities by the the intent to impair and impede U.S.
our legitimate intelligence collection pro-
grams-programs that bear the imprimatur fact of such identification and expo- foreign intelligence or has authorized
of the Congress, the PYesident and the sure. In addition, to fall into this cote- access to classified information; and
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September 23, 1981 CONGRESSIONAL RECORD -HOUSE H 6511
cases where the information in ques- have the ACLU internal documents. dissenting opinion in the committee
lion is transmitted to the House and There is no doubt in my'mind, I will report, it is very clearly shown exactly
Senate Intelligence Committees. say it factually, it is not our language, how It happened..
coNCLIISION it is theirs. On July 13, 1981, Halperin and
An effective intelligence-gathering The President of the IInited States Berman visited the CIA Headquarters
capability is as important as, and in supports and prefers the language building in Langley to discuss a com-
some cases more important than, that I have offered and supports the promise on the names of agents bill in
armed forces in protecting our nation- Senate version which is identical. exchange for modifying the language
al security..
Accurate information on events
overseas, whether it involves weapons
developments by potential adversar-
ies or decisions affecting the price and
availability of a critical resource Iike
petroleum. is Sri invaluable aid fn for-
mulating our foreign and defense poll=~.
ties. Incorrect information, on the
other hand, can lead us to make yostly
and sometimes dapgerous mistakes.
As ~is true of two pieces of legislation
reported recently by the Intelligence
'Committee and enacted by the- Con-
gress last year, namely the-Classified
Information Procedures Act 'arid the
Intelligence Oversight Act, the Intelli-
gence Identities Protection Act is an
attempt to enhance the ability of our "
intelligence; community to perform its'
assigned role in a manner consistent
with our national interests and values:
I urge a favorable vote on H.R. 4.
~ ^ 1130.
Mr. McCLORY. Mr. Chairman, I
yield such time as he may consume. to
the gentleman from Ohio (Mr. Asx-
saoox), adistinguished and valuable
member of the Select Committee .on
Intelligence. `>
(Mr. ASHBROOK asked and- was
given permission to revise and extend
. his remarks.) ~ - .
Mr. ASHBROOK. At Ieast before I
say what I am about to say. ,
Mr. Chairman, ~ jew minutes- ago
rs~y .friend aail~d col eager, the gentle-
man from California ,~+ery reasonable attempt should with Agee's assistance-of 15 CIA
be made to maintain both interests unim- -.agents serving Marxist Jamaica.
paired, .and the great interests in free Again, the disclosure precipitated a
speech should be sacrificed only when the , machinegun attack on the home of
interest itl public safety is really imperlled, the CIA station chief.
and not, as most men believe, when it' is It is clear that without some lel;Rsla-
barely conceivable that it may be slightly
affected.. In war time, therefore, speech five action to restrict these disclosures,
should be unrestricted by the bensorship or agents will continue to be exposed to
by punishment, unless it is clearly liable to 'murder as a result of the actions of
cause direct and dangerous interference ~ those bent on total elimination of the
with the conduct of the war. Thus, our intelligence-gathering capacity of the
problem of locating the boundary line of U.S. Government. '
free speech is solved. It is fixed close to the . . ,Let there be no doubt that this is
point where words will give rise to unlawfut _the aim of Lhe propogators of such
acts. _ .e _ _. .. --? - -----?--
j" "`i"' ..~.. "~`?"'u`4'' ~ tions. In 1978, a national conference
have. before us is practical, common- was held by the campaign to stop- gov-
sense?legislation that addresses a prob- , ernment spying, where objectives were
lem of .paramount. national security d t continue worldwide pub-
ce o
telligence goals. This- is a necessary
. component of effective legislation be-
cause it would cleazly stipulate .that
the outright objective of exposing in-
telligence personnel is contrary to im-
portant national interests.
I have sponsored legislation which
would also provide criminal penalties
for anyone who falsely identifies an
individual as an intelligence agent, and
I support the inclusion of this provi-
sion. Enactment of such a measure
would put a halt Lo the insidious ef-
forts of anti-intelligence sources to dis-
mantle US. information gathering
with the threat of exposure. Further. I
stop imminent publication of
identification.
I applaud the committee on their ef-
forts to deal sternly with those who '
would endanger the lives of those who
serve in sensitive intelligence posi-
tions, and urge the,House to adopt the
measlu?e..
Mr. McCLORY. Mr. Chairman; will
the gentleman yield to me?
Mr. RUDD. I will be glad to yield.
Mr. McCLORY. Mr. Chairman, I
thank the gentleman for yielding.
The gentleman as a .former FBI
agent, I am sure, will be~interested in
the fact that -this legislation also
covers FBI agents grho operate under
cover when they are engaged in coun-
terintelligence activities. It will secure
then protection, gs well as our C3A
agents or other intelligence agents
who operate under cover overseas.
bin. RUDD. I am sure that informa-
tion is of great concern -and gives a
great deal of delight to all the people
engaged in intelligence activities. I
have sponsored legislation ? like this
-every yeaz that I have been ill Con-
gress. IL has been a~little more direct
with regard to penalties and punish-
ment for violations of the law.
Again I want to applaud the commit-
importance while carefully insuring no announ
'those wh3 would endanger'the lives of
genuine civil liberties are infringed lication of intelligence information,
upon. I, therefore,' urge its immediate ~~ directed against government those who serve in sensitive fntelli-
passage. It is the least we can do for-. agencies and private companies whose Bence positions on behalf of the secu-
. those who literally put their. lives on security departments -cooperate with rity of our Nation. ~' ? `
? the line for us.- ~ ;law enforcement agencies and intelli- Mr: Chairman, I urge the House to
Mr. McCLORY.4 Mr. Chairman, :~I Hence agencies and to make use of the adopt the measure: ~?y_-
yield. 3minutes to the gentleman from Freedom of Information : Act for_ Mrs MAZZOLI. Mr. Chairman, I
Arizona (Mr. Rvna): ~"?: ~ ..forced disclosure of ,intelligence- infor= yield 2 minutes to the gentleman from
(i12r, RUDD asked and was given per ?.. mation. -~ ..: ? :.. ? - - -- -- -New York (Mr. WEISs).-"~"
mission to revise?~and extend his re? Our Nation's intelligence operations (Mr: ` WEISS asked and was given
mm.~,) - ..~?{,., enable us to provide countermeasures permission to revise and extend his re-
Mr. RUDD. Mrr Chairman, I would ao protect-our people, and are thus an marks.) :~ "?'`
like to- express my deepest apprecia- - integral part of our defense strategy, ~~ Mr: WEISS. Mr- Chairman, I" want
tion to. Chairman ? M~zoLI, to the''';We must act decisively to protect our to thank the gentleman for yielding.
ranking minority: member, the gentle--; intelligence-commumity ?from assault. I- understalid the very difficult job
man from Illinois (Mr: McCLOxY>, and -and in this vein I am pleased with the that the committee- 'had to assume.
to the? chairman of the -full committee. ` swift action of the' House Committee They have seen something-that is very
the gentleman from Massachusetts in reportuig this legislation;.- H.R.. 4 reprehensible and attempted to find
(Mr. Bol.nxn), sad to the ranking mi? ~ contains provisions which would not an answer. IInfortunately because the
norlty member (Mr: Roarxsox> and t0 limit prosecution to those individuals problem they are trying to correct is
all the members of the committee for having or having had direct or indirect so reprehensible, they . b'ave over-
the efforts they have- made in order to access to classified information, but is stepped constitutional bounds.
do this. carefully drawn to include anyone who The gentleman from Ohio says that
Mr. Chairman, I rise in support of deliberately exposes covert agents section 601(c) is the work product of
this bill for which the clear purpose as with the intent of destroying U.S. in- the ACLU. I want to say as one .who
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September 23, 1981 CONGRESSIONAL RECORD -HOUSE ~ H 6517
usually supports ACLU positions, damage these unauthorized disclo- without impairing ci~?il and constitu-
whether it is their work product, or lures ,have had on our human source tional rights.
not, I oppose it. intelligence collection capabilities. Di- Mr. Chairman, I urge passage of this
The committee language allows an rector William J. Casey, of Central In- much needed legislation.
incursion on first amendment rights in telligence, in testimony before the Mr. McCLORY. Mr. Chairman, 1
section 601(c) which for the first time Senate Judiciary Subcommittee on Se- yield 2'h minutes to the gentleman
in our history would have private citi- curity and Terrorism in May testified from Virginia (Mr. WHITExIIRST), a
zees prosecuted far disclosing informs. that- - -member of the committee.
Lion already ? in the public domain. These unauthorized disclosures have re- Mr: WHIT>;FiURST. Mr. Chairman,
That is such a horrendous step toward suited in "untold damage, and, ,if not I rise iI1 support of the Intelligence
violating the first amendment, that no stopped will result In further damage to the Identities Protection Act, ?$.R. 4. .
matter who thought of it, whether it effectiveness of our ,intelligence apparatus. Mr. Chairman, each and every day
is the ACLU or the committee or .and hence the nation itself. of the year some of the true patriots
anyone else, we ought not to have any This body's own Permanent Select of our country are at work, Glandes-
. part of it. I think it that section were Committee on Intelligence in its. tinely, throughout the world uncover-
to be adopted, what happened at Wa- report on H.R. 4 attests to the utter ine information necessary to keep our
tergate where the information of prior uselessness of these disclosures: leaders informed of important world
CIA identification of some of the bur- The unauthorized disclosure of the names events-before they happen. They
glans Was disclosed Could probably be of undercover intelligence agents 3s a perm.. must toil under extremely difficult
prosecuted: If .section 601(c) is adopt- cious act that 'serves no useful informing 'conditiok~s to produce in an extremely
ed, you would have members of the function whatsoever. It does not alert us to difficult job. And. they do so often at
clergy who discovered that people , abuses: it does not further civil liberties: it risk to their safety-indeed, their lives.
does not enlighten public debate: and it does
within their denomination were CIA not contribute one iota to the goal of an IInfortunately, there are a group of
.agents- prosecuted it they disclosed. it, educated and informed electorate., ,miscreants who have taken ft upon
even it they discovered It quite on The only purpose it serves is to dis- , themselves to greatly increase these
their own because. it was smatter- of rupt our legitimate intelligence collet- risks by exposing the identities of our
public information. = - Lion programs. Effectively, such a covert intelligence agents.
I think the thing to do is not to result benefits no one but our adver- Mr. Chairman, what is needed is leg-
make this , sectiolA- even .worse. The illation designed to act-with the preci-
thing to do is to strike it. ~Mr~Chalrman, as a newspaper pub- lion of a highly skilled surgeon-to cut
I think that the Gentleman from lisher and editor, I bring a special per- out the malignant 'cells of Phillip Agee
Qhio gives the ACLU much more spective to this debate. Opponents of and others of his ilk while leaving un-
credit than it deserves.. Given what this.legisla.Lion have been heard to say touched?the healthy activities of the .
Mr. Meese 4ias. had to say about the that its enactment wfll have a chilling fourth estate. The.bill.reported by the
ACLU, to suggest that. the ACLU can effect on first amendment rights. In .Intelligence Committee is up to the
walk into the CIA headquarters and . my opinion. neither the House nor the, task and that is why I have chosen to
- get them to agree to language which mate version of this legislation con- support it.
should be adopted by the House of stituteS sn assault upon the first H.R. 4 is a good piece of legislation '
Representatives goes beyond the amendment. Indeed, the 'U.S. Supreme born of extensive committee hearings,
realm of reasonable imagination. Court in Haig against Agee found the deliberations, and consultations with
? I thank the Bentleman for yielding. conduct proscribed by this legislation the CIA and Department of Justice.
to me. to be "clearly not protected by the Both of these agencies believe H.R. 4
^ 1145 Constitution." The Intelligence Identi- . ~ be an effective measure.
Mr. MAZZOLL I thank the gentle- ties Protection Act would not inhibit H?R. 4 would make it a crime to
man for that statement. public discussion and debate about engage in an ongoing effort intended
Mr. MCCI,ORY. Mr. Chairman, I U.S. foreign policy or intelligence ao- to impair U.S. intelligence acth~ities
yield 3 minutes to the gentleman from tivities, and would not operate to pre- and to further that effort by disclos-
New York (Mr. WORTLEY). ~vedt the exposure of illegal activities ing the identities of covert agents-
Mr~. WORTLTY. ? Mr. Chairman, I or abuses of authority. Disclosures of nothing more; nothing less.
rise in support of Hat. 4 the Inteili- intelligence identities. by persons who This bill would in no way inhibit
? gence Identities - Protection Act. I have not lead authorized access to free debate over the policies underly-
strong]q support enactment of legisla- such information would be punishable ing our foreign intelligence activities,
Lion to provide criminal penalties for only under specified conditions. which or over the activities themselves. H.R.
the unauthorized disclosure of the have been carefully crafted and oar- 4 would not impose sanctions against
identities of those who engage or rowly drawn. The act -does not apply those who criticize the CIA, no matter
assist 1n the foreign intelligence activi- to anyone not engaged in an effort or how unwisely. H.R.. 4 simply is de-
Lies of this country. This Nation's in- a pattern of activities designed to signed to protect our covert intellig-
telligence apparatus Ls our firsCline de- ferret out and expose intelligence per- nece agents from having their identi- -
fense.. The national security of the sonnet It is instructive to look at all of ties publicly brandished by those who
United States depends- upon the the elements of proof required in a seek to destroy theme security of our
strength- and vitality of that appals- prosecution under subsection 601(c). country.
tus. This strength and vitality is being. The Government would have to prove A delicate balance has been struck in
sapped. The very lives of the individ- each of these elements beyond a rea- this legislation, through long and
uals involved in these activities on sonable doubt. painstaking effort. . ?
behalf of the United States may ?be in ~ Mr. Chairman, consideration of the Mr. Chairman. the reservation of
jeopardy as a result of the unauthor- carefully and narrowly drawn prohibi- constitutional guarantees has been
ized disclosure of the identities of our _ Lion in the Intelligence Identities Pro- honored as we strove to reduce the
intelligence officers,- agents.- and" tection Act. in light of the clear and vulnerability of the lives of our intelli-
sources... Legislation of this type is Present danger to our Nation's intelli- gence officers, agents, and informers.
critically important to deter and gence capabilities resulting from unau- whose work is essential to the national
punish .those who make it their buss- thorized disclosures . of intelligence security.
ness to make suchunauthorized dis- identities, leads inescapably to one Mr. Chairman, -for these reasons I
closures. conclusion. The legislation we are con- urge support for H.R. 4. ?
This legislation is long overdue. Ex- sidering fulfills the urgent need to in- Mr. McCLORY. Mr. Chairman, I
tensive hearings before the House and crease our efforts to guard against yield myself the balance of my time.
Senate Intelligence and Judiciary damage to our crucial intelligence bin. Chairman, I think the debate on
Committees have documented the sources and methods of collection, this measure has been very illuminat-
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H 6518
CONGRESSIONAL RECORD -HOUSE September 23, 1981
- ing. I am confident that there is over- (Mr. AsxsBOOx> might argue at some
whelming support for the legislation. I point that the CIA prefers other lan-
hope that the discussion of the provi- guage, it is indisputable that they say
sions of 601(c) will not distract us from this language, which is before the
the intent of the committee or from House today, will do the job that they
the intent of all who are supporting .know has to be done. They have. and
this measure. their colleagues in the intelligence
I disagree with the amendment that community have, fought the good
will be offered by mY colleague,. the fight and have been more patiezit than
gentleman from Ohio (Mr. Asxsnoox). they needed to be these years, waiting
I think employing the word "intent" is for some solace, and waiting for some
better, though the expression "reason relief. and this is the relief before us.
to believe" is a valid one. I think They do want this bill. they do want
"reason to believe" relates more to the this kind' of relief. I think we can
subject of negligence than it does to a speed it to them and speed it to the
criminal offense: I think that ins Nation U the House votes up this bill
criminal statute. such as we have here
hat we should _ use the expression
_ `intent "
As far as the persons. covered by
this, I think that all persons should be
covered. However, we - are- putting
forth this legislation primarily to get
at those who make a business of dis-
closing the names and the identities of
covert agents and who capitalize.. on
'that' and profit fmm fit. And we cer-
tainly want to end that promptly.
? Now. I? do sot think we should
exempt any particular category. Ref-
erence has been -made to the- clel"gy. I
have a great respect for the clergy and
other professions and activities.. But ta?
exempt any particular individual
merely because of the activity in
which he or she happens to be en-
gaged Ithink would be a distortipn of
our whole concept of criminal law.
I hope that we can keep our eye on
the. objective_ of this legislation and
pass it promptly and send it to the
President,
Mr. MAZZOLL Mr. Chairman, I
,yield myself.,,the remainder of my
time. - _
I would just sum up.by saying I en-
dorse everytliiag that was just said by
the gentleman f;om Illinois. I.believe
that the House. would do a good serv-
ice for the country and for the intelli-
Bence community were it to vote out
the bill exactl}r as it is before us today
without any changhzg amendments.
I have a lot of sympathy .for the
that will be offered We
i
d
Mr. BOLAND. Mr. Chairman. will
the gentleman yield?
Mr. MAZZOLL I yield to the -gentle-
man from Massachusetts.
Mr. BOLAND. Mr. Chairman, I want
to commend the Bentleman from Ken-
tucky and the gentleman from Illinois
for their summation.
I have just a couple of points before
we get into the amendment stage.
As has been said here, this bill is a
consensus reached not alone by mem-
bers of this committee, not alone by
members of Lhe Judiciary, Committee.
but by the intelligence Community, by
the CIA, and also by some distin-
guished constitutional scholars whose
opinion is that this particular bill,
H.R. 4. would pass constitutional
muster. There is a serious question
among constitutional scholars as to
whether or not S. 391. the Senate bill,
with the standard of reason to believe.
would pass that muster.
Therefore, I would hope that the
entire membership of the House, those
whose staffs are following this debate
on television, would carry the message
to their Members that this particular
bill, H.R. 4, is the bill that has reached
a consensus.
I am nat sure that it is agreed to by
the ACLU.. I think probably Tsn
Weiss knows more. about that than I
would, and his indication is that he
does not believe the ACLU backs this
bill: I am not sure it does itself.
m
s
amen en
debated them carefully in.the commit- Mr. WEISS. If the gentleman will
tee, as' the gentleman Prom Florida yield. I did not say that. I said the
(Mr. Yovr~a) said..These are offered by ACLII probably feels that if this does
serious individua]s who have the best a~nn speapk~in8 for myselfgsaying it is too
interests of their Nation at heart, as
they view it: Oa a given day. undera bad they have accepted it.
given set of circumstances. many of Mr, BOLAND. I accept the- correc-
these could be supportable. But we tion. I think .the ACLU would prefer
have before us a bill which has the this to S. 391. I am sure Morton Hal-
input of all sides of the philosophical Perin would prefer H.R. 4 to S. 391,
spectrum and political spectrum. It the Senate bill.
does indisputably help the CIA and But the fact- of the matter is that
the other intelligence communities some of the distinguished constitu-
solve a very- vexing problem. and that tional scholars, such as Philip Kurland
is, how do you deal with publications of the University of .Chicago Law
- who name names and. therefore, blow School, who specifically states that
identities and destroy effectiveness of without this kind of specific intent
our agents. -standard, which is built into H.R. 4.
While the gentleman trom Ohio the bill would be unconstitutional. ~ .
Therefore. my plea Lo the member-
ship of this House is that they back
this bill as we have reported it. It is
backed by the intelligence community.
The CIA backs H.R. 4: Sure. it prefers
S. 391, and I guess the Attorney Clen-
eral of the United States prefers S.
391, because it would be easier to pros-
ecute under S. 391, and that is the con-
stitutional objection.
Mr. Chairman,- I would hope that
the membership would follow the
leadership of the gentleman from
Kentucky (Mr_ M,~zzort> and the gen-
tleman from Illinois (Mr. McCi.oxY).
who spent so much time on this bill.
and defeat all the. amendments that
were offered to H.R: 4; and we can get
along with a bill which. when chal-
lenged in the courts. will be held con-
stitutional.
Mr. HYDE. ARr. .Chairman, I am
pleased to rise in vigorous support of
H.R. 4, the Intelligence Identities Pro-
tection Act. ,
The Committee do the Judiciary, of
which I am a member, considered the
predecessor of H.R. 4 last year, follow-
ing a sequential referral from the In?
telligence Committee,' and favorably
reported that bill by a stunning major-
ity. Iwould like to commend the mem-
bers of the Intelligence Committee for
therr hard work and thoughtful effort
in connection with this bill in the last
Congress and in this one. After careful
consideration. I am convinced that a
compelling need has been shown for
legislation of this nature and I believe
that it is constitutional..
What is the compelling need-the
clear and present danger-which this
bill is intended Lo meet, Mr. Chair-
man? As my colleagues from the Intel-
ligence Committee have described so
eloquently, the dangers arising out of
these disclosures include demoraliza-
tion within our intelligence agencies,
discouragement of. potential sources of
information, and impairment of our
national defense and foreign policy ef-
forts.. We must be willing to protect
our agents and their families with the
most effective methods available to us
under. the Constitution and I am
firmly committed to that endeavor.
. Mr. Chairman, the first amendment
is not absolute-for any of us. No spe-
cial exception is made for children
who want to pray in public schools or
for Members of Congress who want to
give golden fleece awards. However,
the banger that the bill addresses
must be distinctly identified and com-
pelling, and the means to combat it
must be narrowly drawn and neces-
sary. These tests are ? best illustrated
by Justice Holmes' famous observation
that no one has the right to yell "fire"
in a crowded theater. By the same
token, Mr. Chairman, no one has the
right to risk the lives of our agents
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September 23, 1981 CONGRESSIONAL RECORD -HOUSE
and our national security by disclosing Congress should do whatever is necessary.
the names of covert agents. Lsking due but not paralyzing Heed of con-
Mr. Chairman, after 2 years of work stitutional scruples to protect our covert
by Members on both sides of the aisle. ~ ~ ~ agents. otherwise it would be weu to
admit that we are too paralyzed by constitu-
this bill is so finely tuned and narrow-
1 drawn that the Government's tIonal scruples to conduct an effective for-
y eign intelligence system in thLv dangerous
burden of proof is substantial. as it world, and' stop asking our people to risk
should be. If the defendant has -riot ' there lives in its service. We cannot have tt
had authorized access to classified-in- both ways.
iormati0n. it must prove, beyond a . Mr. Chairman. we cannot have it
reasonable doubt, not only that the both ways. I reject the absolutist- ap-
defendant had a special state of mind. proach to the first amendment which
but that the- disclosure was made in has been advanced during the debate
the course of an effort Lo identify and on this type of legislation as a threat
expose covert agents No prosecutions to our national security, and ultimate-
for conspiracy. aiding and abetting, or ly, to all of our precious liberties.. Last.
misprLaon of a felony are authorized year. we heard suggestions that an
unless the disclosure was. part of an effort to pass this legislation was
effort. The Government's- public dis- merely a hysterical reaction to attacks
closure of the covert relationship is a upon our agents in Jamaica. Mr.
delense. Finally; the bill provides an Chairman, let me emphasize to these
avenue for whistle blowers by exempt- critics, i year later. that this is not an
frig from pmsecutton communications emotional reaction. It is a firm com-
to congressional intelligence commit- mitment which some .of us have made
tees. to protecting- the brave men and
Is .this the Least restrictive means .women who serve us so well.,
that we cah use. Mr, Chairman. to get I urge. my colleagues to Iend their
at the evil we have identified? I believe support to prompt passage of H.R. 4.
that it is. Our concern Ls with protect- , ? Mr. FIELDS. Mr. Chairman, as a co-
frig the identities of our agents-the sponsor of the Intelligence Agents
discloseres employment circumstances Identity Act of 1981, I support.the pas-
are irrelevant. The damage done is the sage of H.R. 4 as a? means to strength-
same, whether the defendant had au- en our national intelligence capability.
thorized access to classified informs- A erucial element of an effective na-
tion, or not. There is. and, or course. tional security policy is the ability to
there ought to be. ample room for free collect and analyze high-quality intel-
and robust public debate on our Intel- Iigence information. The need fora so-
ligence policies without infecting the phisticated covert intelligence infra-
names of our covert agents into that structure becomes more critical as U.S.
debate. This minimal limitation on interests abroad expand.. Notwith-
free speech and press is indeed proper standing the variety of technical com-
when compared to the overriding. and ponents used by the intelligence com-
iundamental national interest to be munity,? there remains a -need to
served--providing for the common de- employ traditional human resources.
feriae. - Without. the human element contrib-
Mr. Chairman, it any of my col- uting to the intelligence system, the
leagues have lingering doubts about United States would not have the
the constitutionality of this bill, I proper insight into the plans of for-
commend to their attention the recent eign governments it confronts or inter-
Supreme. Court. case of Haiti against national problems it must face. As the
Agee. The respondent in that case was United States seeks to improve its na-
anotorious discloser of agent's names.. tional security strategy, a network of
a fact which the court repeatedly em- clandestine operators to carry out
phasized is .its opinion. In rejecting covert activities in important situa-
the argument..that the first amend- tions is a fundamental prerequisite.
went prevented the Secretary of State Further, the identities of these indl-
from revoking his passport for these viduals must be protected for their
activities, ~ which .created a serious personal safety and to -Insure the
danger to our national security, the credibility of the entire operation.
Court observe _ _ Intelligence agents are faced with
f -
ex
o-
t
These diacloeurea, 'among other -things,
have the declared Durpose of obstructing in-
telligence operations and the recruiting of
intelligence personnel They are clearly not
protected by the Constitution. The mere
tact that the respondent. is also engaged !n
criticism of the Government does not
render his conduct beyond the reach of the
law. - rorists opened fire on the home of
Mr: Chairman, ~n enlightened edito- Richard E.insman, a U.S. Embassy em?
rial, which appeared last year in the ployee living in Kingston, Jamaica.
Washington Star, one of the few news- Bullets ripped through the bedroom
papers able- to see beyond its -own window of Kinsman's daughter. Fortu-
narrow self-interest on this issue, sus- nately, no one was injured. -
gested that: This attack came within 24 hours of
H 6519
an announcement by Louis Wolfe of
the Covert Action Information Bulle-
tin. Wolfe had 3ust disclosed the
names of 15 people he claimed to be
CIA agents. In addition. he revealed
their addresses. phone numbers, li-
cense plate numbers and .the type of
car they owned..
Yet not all who are victims of igno-
ble crusaders such as Louis Wolfe are
as fortunate to survive. Richard
Welch. an attache at the American
Embassy in Athens. was gunned down
in 1975 while returning from a Christ-
mas party. This murder followed as
article in the Athens b'ews tagging
Welch as a CIA station chief: The in-
forniation in the News story had earli-
er -been printed in Counterspy,maga-
tine, published by eg-CIA employee
Phillip Agee.
Like Wolfe. Agee has no qualms
about revealing the identities of covert
U.S. agents. For Agee, Lhese dis-
closures play a necessary role in his
ongoing struggle for socialism in the
United States.
II.S. intelligence officers are leading
the fight against terrorism on the in-
ternational front. To arbitrarily dis-
close the identities of Lhese individuals
serves to render American credibility
abroad worthless. These unauthorized
exposures result in a variety of conse-
quences including a loss of expertise in
the intelligence ? field, erosion of
morale for the families of these offi-
cers, and a general deterioration in the
quality of U.S. foreign policy.
We as a nation can no longer toler=
ate this breach in national security.
Our responsibility is to the men and
women whose lives are Jeopardized
daily in their struggle to protect free-
dom and democracy in the United
States. Regardless of the motivating
forces behind men ,like Phillip Agee.
the end result is a disruption in the le-
gitimate intelligence-gathering pro-
gram. No longer should these agents
be subjected to additional threats of
violence stemming from arbitrary dis-
closures. The very nature of their pro-
fession mandates a life of adversity
and perilous hazards. Individuals who
have served their country in this dan- .
serous and frequently fatal capacity
should be sheltered from the misguid-.
ed efforts of theseYgitoble crusaders. .
Toward this end, I urge the adoption
of H.R. 4, .which will criminalize the
disclosures of intelligence identities.
We must now take firm action to pro-
tect not only the integrity of these
agents but also to protect our national .
security- from further treasonous dis- -
closures.- - -
? Mr. DEJtWINSffi. Mr. Chairman. I
support this legislation..We have de-
layed far too long in providing a law,
? first. drafted almost 6 years ago, to
protect American citizens abroad from
attack and possible murder. I am re-
ferririg, of course, to American intelll-
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p
consequences o
the constan
sure. Because espionage is a criminal
activity in many countries, our agents
must face the threat of expulsion or
imprisonment, Their safety is further
threatened by terrorist actions direct-
= ed against them. ~ _ _ : _ -
 Approved For Release 2008/12/01 :CIA-RDP85-000038000200030018-4
CONGRESSIONAL RECORD -HOUSE September 2~3, 1 ~1t31
genre employees and agents-and
their families-who, it has been amply
den'ionstrated, quickly become the tar-
gets of terrorists when they are openly
identified by their fellow citizens. No
one in my opinion has the right to
mark a fellow citizen for murder.
It is claimed that part of this bill
tnay be unconstitutional. I do not
think so. I.n the first place, it is not
th., compilation of previously pub-
lished information which would be
outlawed by this legislation, it is the
publicized conclusion that such data
demonstrates an intelligence connec-
tion. As a matter of fact, the bill
would not make it a crime to reveal in-
formation previously published by the
U.S. Government and, in any case, the
law would require that research by
itself would not be sufficient to con-
V1Ct.
This publicized conclusion, it should
be remembered, could sub,lect, the
person so identified, accurately or
falsely, to physical attack and could,
at least, negate the work he was sent
abroad by his Government to do. This
is the activity that this bill would
criminalize and only if there were
intent to "impede or impair" 'the intel-
ligence effort of the United States. No
right is absolute if lives are endan-
gered. This principle has been recog-
nized by the courts.
F.ven before the attack on the home
of the CLA chief of station in Kings-
ton, Jamaica, on July 4, 1980, Cord
Meyer, a former intelligence officer
himself, wrote of some of the dangers
inherent in the unchecked-open iden-
tification of our intelligence employ-
ees. In a newspaper column dated
June 7, 1980, Meyer described one of
the unfortunate results of the public
exposure of Arerican intelligence per-
sonnel by the Covert Action InfolTrla-
tion Bulletin:
(T)his ongoing exposure of CIA officials
involves a massive hemorrhage that is far
more damaging than the potential leakage
of operational details from an excessive
number of congressional committees. The
assassination of the CIA station chief in
Greece, Richard Welch, in 1975, shows how
tragic can be the consequences of the fin-
gering of CIA officials abroad .. .
But even if more assassinations do not
result from the continuing exposures that
the Bulletin plans to make in subsequent
.issues, the damage done to the careers and
usefulness of those identified is irreparable.
from the front lines of the long struggle
vriUl the KGB and its allies.
Meyer concluded:
No other democratic country attempts to
conduct intelligence abroad with so little
protection for its career officers.
This legislation is something many
of us here have favored since the mid-
1970's after Richard Welch, CIA chief
of station, was murdered in Athens,
Greece. Meyer, in his column cited
above, had this to say:
Let us hope that we don't have to wait for
a replay of the Welch assassination to shock
the Congress and the administration into
making the legal and procedural reforms
that seem so obviously necessary.
This was written before the Kings-
ton attack where, fortunately, no one
was killed. That assault, nonetheless,'
serves as a reminder of something
which has seemed "so obviously neces-
sary" for so long to so many of us. The
Congress should do the right thing
now and pass this bill.a
~ Mr. :~IICHEL. Ivir. Chairman, the
tragic murder of CIA agent Richard
Welch in Athens in 1976 focused our
attention on the jeopardy that such
individuals are placed in through
public identification.
Thus, in 1976 and again in 19 7 7, I in-
troduced le~?islation to provide for the
personal safety of those persons en-
gaged in furthering the foreign intelli-
gence operations of the United States.
In introducing such legislation
during the 95th Congress, I said that
the problem was most urgent and that
we had to take positive actions to pro-
tect th+t lives of our agents.
I feel as strongly about this matter
now as I did then. .
Our intelligence agents have become
the actual or potential victims of what
might be called literary hit men who
use a book or a magazine article to do
their dirty work. It could just as easily
be an assassins bullet, because the re-
sults are tragic.
These literary hit men have put the
lives of American intelligence officials
in jeopardy. Agent Welch died because
of such an exercise in irresponsibility.
I just want to say that I am glad we
have this chance to protect those
whose. work means so much to our na-
tional security.s .
The CI3AIRbIAN. All time for gen-
eral debate has expired. Pursuant to
the rule, the Clerk will now read the
substitute committee amendment rec-
ommended by the Permanent Select
Meyer pointed out:
Committee on Intelligence now print-
For their own protection they can no ed in the reported bill as an original
longer serve in many corners of the world bill for the purposes of amendment.
where terrorists flourish and many govern- No amendments are in order except
menu will no longer accept them as rtlem-
bers of American diplomatic missions once germane amendments printed in the
they have been so openly identified. CONGR5SSIONAL RECORD on or before
The author stated, correctly, I be- September 22, 1981.
liege- The Clerk-read as follows:
America in Congress ?ssenebled, 'T'hat this
Act may be cited as the "Intelligence Identi-
ties Protection Act".
Sec. 2. (a) The National Security Act of
1947 is amended by adding at the end there-
of the following new title:
"TITLE VI-PROTECTION OF C RTAIN
NATIONAL SECURITY INFOP_hIATION
"DISCLOSIIRE OP IDENTITIES OF CERTAIN UNITED
STATES UNDERCOVER I:ITEIS.IGENCE OFFICERS,
AGENTS, INPORbiANTS, A-YD SOURCES
"Sec. 601. (a) Whoever, having or having
had authorized access to classified informa-
tion that identifies a covert agent, inten-
tionally discloses any information identify-
ing such covert agent to any individual not
authorized to receive classified information.
knowing that the information disclosed so
identifies such covert agent and that the
United States is taking affirmative measures
to conceal such covert agent's intelligence
relationship to the United States, shall be
fined not more than 350,000 or imprisoned
not more than Len years, or both.
"(b) Whoever, as a result of having au-
thorized access to classified information.
learns the identity of a covert agent and in-
tentionally discloses any information identi-
fying such covert agent to any individual
not authorized to receive classified informa-
tion, knowing that the information dis-
closed so identifies such covert agent and
that the United States is taking affirmative
measures to conceal such covert agent's in-
telligence relationship to the United States,
shall be fined not more than 325,000 or im-
prisoned rot more than five years, or both.
"(c> Whoever, in the course of an effort to
identify ar-d expose covert agents tl'ith the
intent to impair or impede the foreign intel-
ligence activities of the United States by the
fact of stccil identification or exposure, dcs-
clases, to arty individual not authori;:rd to
receive classified information, any informa-
tion that identifies a covert went knowing
that the information disclosed so identities
such covert agent and that the United
States is taking affirmative measures to con?
teal such covert agent's intelligence rela-
tionship to the United States, shall be fined
not more than $15,000 or imprisoned not
more thaq three years, or both.
"SEC. 602. (a) It is a defense to a presrcu-
tion ?nder section 601 that before the com-
mission of the offense with which the de-
fendant is charged, the United States had
publicly acknowledged or revealed Lhe intel-
ligence relationship to the United States of
the individual the disclosure of whose intel-
ligence relationship to the United-States is
the basis for the prwecution.
"(b)(ll Subject to paragraph (2), no
person other than a Berson committi^.g an
offense under section 601 shall be subject to
prosecution under such section by virtue of
section 2 or 4 of title 18, United States Code,
or shall be subject to prosecution for con-
spiracy Lo commit an offense under such
section-
"(2) Paragraph (1) shall not apply (A) in
the case of a person who acted in the coarse
of an effort to identify and expose covert
agents with the intent to impair or impede
the foreign intelligence activities of the
United States by the fact of such identifica-
The real loser 1s the American public H.R. 9 tion and exposure, or (B) in the case of a
whose security will steadily be eroded by Be it enacted by the Senate and Nouse of Person who has authorized access to classi-
the loss of so much carefully trained talent Represent?tizes of lice United States of fled information.
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September ,2~, 1981 CONGRESSIONAL RECORD -HOUSE
H 6521
"(c) It shall not be an offense under sec? Forces assigned to duty with an intelligence Aaal~DntENx orrsRaD ax a[R. AsasROOs
lion' 601 to transmit information described agency- Mr. ASHHROOK. Mr. Chairman, I
in such section directly to the Select Com- "(i) whose identity as such an officer, em- offer an amendment which has been
mittee on Intelligence of the Senate or to ployee, or member is classified information, printed in the RacORD Iii accordance
. the Permanent Select Committee on Intelli- and with the rule.
Bence of the HousE of Representatives. "(fi). who~is Serving outside the United
' States or has within the .last five years The Clerk Teed as follows:
"PROCEDURES POR ESSAHLISxIW6 COVER POR served outside the United States: Amendment offered by Mr. ASHRROOR::
INTELLIGENC( _
? White House. -.That ig not what has Mr. ASHBROOK. The language Is ? , Mr. YOUNG of Florida. Mr. Chair-
What has happened is ex- very clear. The President says he pre- man, I think. it would be helpful to all
d
h
.
appene
actly what I said; as a part of passing- fern Senate 391.. Is there any doubt? of us _ to have this letter -from the
read
h
om the
ra
a
a
It i
f
t
t
l
.
p
r
r
g
s
one p
eas
ter.
_ President at
this bill we allowed outside groups to He signed the le
have too much. input.. I am very un- White House. The Attorney General is so that we all know what it is. In this
happy at my~own CIA Director.. Mr. on record, as favoring the same thing. letter dated September 14,1981-
- Casey. Why in the world he let those Mr. McCLORY. Ii the gentleman ~, ASHBROOK. Fairly recent.
two men even. come to Langley to talk. will' yield further, I do not think the Mr. YOUNG of Florida. President
over compromise language with the at- letter. that I have seen says that he Reagan signed. it says sa the third
torneys at the CIA-I look upon that prefers 3.? 391 over H.R. 4. What he , p~,graph; -.. ' -
as darn near asecurity breach.. Why in says: ~,: he .prefers- S. 391. without Attorney.General smtth advises that the
the-world they made thosecoacessions amendment over some other variation, Senate version of this legislation, s. 391, is
I will never. know. - - ? ? ~ ~ ~ ? ~^ ? but it fs not- a' variation which might legally sound, both from a prosecution per-
"
B11IeY
Anthony'
Barnard
?':`-
Boner
Applegate
,Beard
Bouquard
Archer
Benedict
Bowen
Ashbrook
Bennett
Breaux
Atkinson
Bereuter
Brinkley
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September 2~, 1981 ~ - ' ' CONGRESSIONAL RECORD =HOUSE --'
Philip '= Kemp rm ~ Sensenbrenner ~
' Crane
.
r-...~.~ n. - ..-?. Krun.r .~,..'Bhaw~ _..-... _.~,:._ Mlller(CA}?.G.:Roaenthal
DannemeYer ~>'; Lagomarsino ' -`Shumwsy
Davls~ " .,~:~~;,: Lstta ?' -Shuster
~Dreiers::- -writeup and markup of the bill. ans.:,:.;
Natcher -: :;seiberling ;?.~~~.zablootl . .which'the" full comfittee also consid-.
Neal - = ShamanakY-
' I4~ana (GA) -' Nelson `, 'Weber (OH) ~ ders that individual just as impotent
^ 1315 - ., w~aca.r,,r a..~aa~.a.r++s.,.... .....................
said or felt as a committee that. this '
The clerk announced lthe following was going beyond the regular bounds
Mr. Nelson. for, with Mrs. Collins of IIli- Now, the gentleman's amendment
and. ~ PORTER .changed their votes gentucky feels fs s negligence stand-
from "no"to "aye." Y.> - - - - ard. And if we further broadened the
So the amendment was agreed to. - - =< coverage of that section. then I do be-
pounced as above recorded. ' . -' _ of a~ correct bill: -.
`erect. But ire made the Judgment and'"' `?
tion, as proposed by the gentleman,
would make the bill too broad in its
none. of us could agree that identifying
wrongly or mistakenly some individual
'__ I_ would simply say that this is not
amendments to the, bill? ~=-upon us by; the Department of Justice:
Mr. A3HBROOK. Mr. - Chairman.- I -misgivings.:. about ~ this - kind . of ~ ap- . ,
-ante with the rule ~ ~:-r ', ~ ~`, :: legal :.academic community and they,
Page 3,. -after. -fine 21 insert the; following: _- Bested that trie.language as proposes
new subsections.:.- i~Y ~; bY_ Lhe gentleman -would constitute :a .~
?classified information any information that .. Aud the lives. of people who are purse- :,
"'~-Hmwn (CA) r'~`'Eagllstt~-' ,< ,~ Heckler >'""?"?"'?'{,han 5 years or both. ~,?~ a . q ?>,,~ ~' ynamed~or inaccurately named, because
~ Burton. John + ErIenbora ,~Y,Hestel ~?,-'~~ - - s
Burton, Phi111D `Ertel. ?? y. Hightower: y ..~ws ' Mr.`_ .ASHBFtOOK - Mr...Chairman, _ . the~`end .product" is about the .same.
' Chishohn KBVaris (nv) ~aa,~~ souana- ;,, ~~ x many of the names listed by CovertAc- But I worry. about the addition o1 the .
"~ Faacell -?Hollenbecic ~, ~ ntleman's amendment for fear of
-lit per '> ~L ?~lo , *'Hushes -= ~ ,. , tion :Information Bulletin and- Coun- ge
ccelho:. ?~..+;;:Ferraro ---.;asoobs ::;~ .?~terSpy are not- CIA'oificers but other, making this bill.too broad in its cover- -
conte Findley Jetfords ~ _ . :Americans serving their country over- . age and more or. less a bill which '~
t~ ,
and- these false identifications were legal standards which have been 'built
used against our diplomats.. _: up in the past for this kind of conduct.
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Brown (OH)
Hansen (UT)
Petri
Broyhill
Hartnett
"
Porter
Burgener
Hefner
Pritchard
Butler
Hettel
Regina
HyiOn
Hendon
Campbell
Hiler
Ritter
Carman
Carney
-?
Hill(a
HoIL
Roberts (KS)
Chappell
Hopkins
goe
Chappie
Hubbard
Roemer
Cheney
Huckaby
Rogers
Clausen
Coats
YY.i.rn.n
Hunter
Huttn.?-
Rostenkowski
Conable
~
`'Jeffries
Rudd
Kogovsek
Oberstar
Simon
Lantos ~
Obey
Smith (PA)
Lehman '
Ottinger
Snyder
Leland
Panetta
Solars
:
6t Germain
Long (LA)
.Paul
Stanton
Lon6 (MD)
Pease
Luken
Peyser
Studds '
Lundlne
Pickle
Swift
Lungren
Price
: BYnar .
-
Markey _
Purcell
Trailer
Mavroules
... Ratchford-
Mtkulski ' ,
Rose '
 H G532
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CONGRESSIONAL RECORD --HOUSE ? September 23, 1981
Therefore, ? I would urge the House
to reject the gentleman's amendment
and to support the committee position.
Mr. McCLORY. Mr. Chairman, will
- the gentleman yield?
Mr. MAZZOLL I would be happy to
yield to the gentleman from Illinois.
Mr. McCLORY. I thank the gentle-
man for yielding.
Mr. Chairman, it is true, as the pen-
tleman says; that: this is another sub-
ject. What we are trying to do through
this legislation is- to protect persons
who operate undercover,: -. covert
agents. and this. would expand the leg-
islation into another area where. there
Mr. BOLAND. Mr. Chairman,, wlll ees, as former employees, or even out-
the gentleman yield? side of Federal employees, would want
Mr. MAZZOLI. I yield to the chair- to safeguard the legislation from con-
man, the gentleman from Massachu- stitutional attack. -
setts:
Ivir. BOLAND. I appreciate the gen-
tleman yielding to me.
Is the gentleman from Ohio going to
withdraw the amendment?
Mr. ASSBROOK. Yes.
Mr. Chairman. I ask unanimous con-
sent that the amendment may be
withdrawn; .w[th the assurance tram
both.. the chairman and the chairman
of the subcommittee that it will re-
ceive-action in the future.
-are false accusations made ~-ith - re- ~ Mr.. MAZZOLI., I thank the gentle-
spect to Americana serving overseas:. I man. ~~. > _ . - . ;~`
am not saying. it. is.. somethinq:,that ~-_ -The CHAIRMAN. Is there objection
should not be covered by law.. Perhaps to the- request of the gentleman from.
it should be. But in. an identities bill Ohio? -.`
such as we have before us, it seems to There wag no objection. _
me this is an inappropriate subject;. -" ?' wam~naenrr orrzam sY nsx. wars
Mr. MAZZOLI:.~As the ;gentlemaa Mr. WEISS. Mr. Chairman. I offer
has correctly said.. all of the effort of an amendment. -
the committee: through its many hours The CHAIRMAI`T. Before the gentle-
r and .weeks and years, really," of Work man proceeds, the Chair would like to
has been to develop a focused. coher- inquire of the gentleman from New
enterfairly targeted, limited application York it this is a germane amendment
bUl, limited to the kind of conduct " in ~~~ with the rule. .. _
.which I have earlier called heinous Mr. WEISS. It is, Mr. Chairman. -
and outrageous. which is to name The Clerk.read as follows:
" names of 1J.S. citizens" or non-II.S. citi- Amendment offered 6y Mr. WErss: On
tens who are in sn intelligence capsC- page 4, after line 21, insert the following
ity_ The gentieinan's amendment new section -
would expand the coverage of the bill.- Sac. boa ",~o rriontities Protection Act will helpful to-our national defense and ~~:
- names.. I still. feel tnac cn~-cwan va ~ have offered jg found on page I3 6458. ~"~"'?"' ?""' " '"'?'" '"'~-?- -- --- -
national: policy, of misguided intelli- of the September 21, 1981, CONGRES- imp?rta`nt amendment. I think it puts '
gence Dolicy, could have been under- .aTnx.*_R~roan. _ the legislation-in.a stronger position
- u t.. .. ... T ?l.inb if arni,ltl hP. .
but I still zeei ana i )om me ~caa~,~- . ---- ----- - wa...~ ?.. .
man in urging that we keep the bill us to take. this legislation a step fur- =ravel the Intelligence community, . on
_ .- _ ?L?or fen area tAi[PYI by the COmmittee. -- `- --- -i _._. ~..~ ~.. .........t. n1 no-innal ~.
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September l9; 7981 CONGRESSIONAL RECORD -HOUSE H 6533
sources or private sources or is classi- ~ndutctsiha ao d onstttute a vioiatton of ~ ~i~yl from the iCIAditselfo and
fied or unclassified material, it the this Act, the Attorney General, on behait of this amendment was included.
intent is to impair and impede our in -the United States, may make application to IInder the narrow parameters of-this
'telligenee activities and places in an appropriate united states district court amendment, a restraining order-could
danger the life or safety of an intelli- for an order enjoining such conduct. Upon a only be issued when the safety of an
gence agent operating undercover, showing that the safety or well-being of any
then we intend that this legislation officer, employee. or citizen of the United intelligence officer is Jeopardized or
should cover that. states would likely be Jeopardized or that ir- when the foreign policy of the IInited
It seems to me that it we would pro- reparable damage to United States foreign S~~ f~ `irreparable damage."
vide an ~ out because of ,information intelligence or counterintelligence activities The courts have repeatedly and con-
or foreign affairs functions would be likely sistently afilrmed the Government's
having been published, even published ~ result !t such conduct is carried out, a right to protect itself from such dan-
overseas. for instance, which was one perenarlent or `temporary injunction. ro-
of the excuses offered by some who straining order. or other order may be gets. As recently as 11 months ago. the
wanted to thwart this legislation, then granted. Any _procee~ conducted by s II.S. Supreme Court reiterated in a
it seems to me that we would frustrate court under this subsection for the purpose case upholding the CIA secrecy agree--
the very efforts which we are under- of determining whether--any information .meat that the Government. "has a
taking here today with this legislation. constitutes the- type of information de- compelling interest.in protecting both
So that, I think that any effort t0 scribed ~ thia.Act shall be held. in caiaera. Lhe secrecy o! information important
circumvent the intent of 'the legisla- to amend the Nation-
al Security Act of 1947 to prohibit the
unauthorized disclosure of informa-
tioa identifying certain United States
intelligence officers, agents, infor-
mants, and sources. pursuant to House
Resolution 223, he reported the bill
back to the House with an amendment
adopted by the Committee of the
Whole.
The SPEAKER pro tempore. Under
the rule; the previous question is or-
dered.
Fs a separate vote demanded on any
amendment to the committee amend-
ment in the nature of a substitute
adopted by the Committee of the
Whole? If not,, the question is on the
amendment. '
;The amendment was agreed to.
~:;~ The SPEAKER pro tempore. The
question is on the engrossment and
.third reading of the bill.
"'~ The bill was ordered to be engrossed
and read a third time, and was read
'the third time.
`:'The SPEAKER pro tempore. The
question is on the passage of the bill.
'::The question .was taken; and the
'Speaker pro tempore announced that
the ayes appeared to have it.
*rMr. BOLAND. Mr."Speaker. on that
,2 demand the yeas and nays.
'_" The yeas and nays were ordered.
-The vote was taken by electronic
device, and there were-yeas 354, nays
Alexander
Ben)amin ` -
Broomfield'
Anderson
Bennett
Brown (CA)?
Andrews
Bereuter " ~
~
Brown (CO)
Annunzio
Bethune ?? "
Brown (OH)
Anthony
Bevill -:..
Broyhill
APDlegste
,,-;-
Biaggi--?,.'
Burgener
.Archer
.
Blanchard.;;.:, Butler
Ashbrook
Bliley >e `..
Byron, .
Atkinson
Bosss ~'
Campbell
Badham
Boner
Carman
Ba[alis
Bonker .
Chappell
Bailey (MO>
Bouquard
Chappee
Bailey ~`
Green :
Moore ,..
,
Wampler
Gress _ '
Moorhead
_,_`
, Watkins . , .:
Wortley
Yatron
Yours (MO>
Wright
Youns (AK)
Zablockl
Wylie
Youns (FL) ,
T.eteretti
NAYS-58
Aspin
Edwards (CA)
Pease
AuCoin
Ford (TN)
Raneel
Baines
Frank
Richmond
Bedell
Garcia
Rosenthal
Be[lenson
Ge)denson
Roybal
Bingham
Gonzalez
Sabo
Boland
Gray
Schumer
Bonior
Harkin
Seiberlitts
Brailtesd
Hawkins
Shannon
Burton. John
Kastenmeler
Stark
Burton, Phillip
fSildee
Stokes
Clay
Lehman
Studds
Conyers
Leland
washlnston
CFockett
Lowry(WA)
Weaver
Dellums
Lundlne
Weiss
Dixon
Markey
wolpe
Downey
Millar (CA)
Wyden
Dymally
Mitchell (MD)
Yates
Edgar
Ottinser
NOT VOTINC#-23 -
_
Bollltts
Ptetu:el
Pashayatt
Carney .-
Hollenbeck
Railsback
Collins(II.)
Hoyer
Rinaldo
Courter
-Lowery (CA)
3avase
Danielson
McCloskey
Scheuer
Daub
Moffett
Sluander
Derwinskl
"Nelson
Weber (OH>
Fary
Nichols
^ 1515
.The Clerk announced the following
pairs:
On this vote:
Mr. Nelson for, rAith Mts.. Collins of Illi-
Until further notice:
Mr. Nichols with Mr. Weber of Ohio.
Mr. Scheuer with Mr. FIollenbeck.
Mr. Danielson with Mr. Railsback.
Mr. Fary with Mr. McCloskey.
Mr. Moffett with Mr. Pashayan.
Mr. Royer with Mr. Si1,lander.
Mr. Savage with Mr. Derwinski. '
Mr. Carney with Mr. Daub.
Mr. Courter with Mr. Frenzel.
Mr. Rinaldo with Mr. Lowery of Califor-
nia.
Mr. SCHUMER changed his vote
from "yea" to "nay." -
Mr. PRICE changed .his vote from
"nay,- to "yea."
' So the bill was passed.
'_ The result of the vote was an-
pounced as above recorded.
` A motion to reconsider was laid on
the table. - : "
..: -GENERAL LEAVE ~ . . _
Mr. BOLAND. Mr. Speaker, I ask
unanimous consent that'all Members
may have 5 legislative days in which to
revise and. extend. their .remarks on
H.R. 4, the bill just passed.;'.
The:- SPEAKER pro .tempore.. hs
there objection to .the request of .the
gentleman from Massachusetts?
~c .PERSONAL ESPLANATION
~- Mr. PEPPER. Mr. Speaker. I unavoi-
dably missed the vote on rollcall 217.
If I had been present, I would have
voted "aye."
Approved For Release 2008/12/01 :CIA-RDP85-000038000200030018-4