Kit Bond promotes his leaks bill
August 10, 2006

Legislation to crack down on intelligence leaks critical to security



"Over the past few years we have witnessed unauthorized disclosures of classified information at an alarming rate. Time and time again, we have witnessed leaks that warned our enemies how we were watching and listening to them, with whom who we are cooperating, and what various methods of intelligence we were using to track them down.

"Every one of these leaks gravely threatens our national security and makes it easier for our enemies to achieve their murderous and destructive plans. Each violation of trust invites more chaos and violence into our world.

"These disclosures have also threatened to erode the trust and confidence of the American people in our ability to protect them and erode the confidence of our allies built upon years of mutual cooperation.

"But over the past year there has been an apparent absence of fear of punishment in regards to the arbitrary divulging of classified information. Individuals who have taken solemn vows to protect our nation are flagrantly breaking those vows and breaking the law.

"A litany of intelligence officials over the past year have told me how these leaks have adversely affected our intelligence operations and diminished our national security. Former CIA Director Porter Goss stated in open session during a Senate Intelligence Committee hearing in February that these leaks have caused "severe damage to our national security".

"The current CIA Director Michael Hayden stated in his open confirmation hearing that we effectively have applied the Darwinian theory to terrorists in view of the leaks; in other words, we'll catch the dumb ones while the smart ones who watch the media will adapt and escape.

"Our intelligence chiefs abroad tell me that sources now think twice before speaking with U.S. officers. Foreign intelligence sources see the most sensitive programs splashed across the front page of American newspapers and conclude that we are a nation that has no respect for classified material. Sources and potential sources believe that our inability to protect secrets endangers their information and exposes them and their families to severe retaliation; it puts their lives in danger.

"In the past few days I have asked intelligence professionals whether they believed introducing leaks legislation was a good idea, and one of our top intelligence experts responded that he would be extremely grateful if that were to happen. He said such action would work towards redeeming his profession from its tarnish over the past few years.

"Legislation I am introducing in the United States Senate seeks to aid the Executive Branch in prosecuting individuals engaged in these damaging leaks. The bill seeks to unify current law and ease the government's burden in prosecuting and punishing leakers by eliminating the need to prove that damage to the national security has or will result from a disclosure.

"Simply put, if someone "knowingly and willfully" discloses classified material to someone whom they know is not authorized to receive it they will face federal prosecution.

"This legislation is not aimed at mistakes, it covers deliberate leakers. Individuals convicted of improper disclosures would face a fine and/or up to three years imprisonment. The bill only affects government employees and contractors or anyone who has signed a non-disclosure agreement with the federal government to protect national security information. It does not affect the media, businesses or private citizens.

"Ironically, the bill contains the exact language included previously in the FY 2001 intelligence authorization bill. That bill, including the leak language, was passed by Congress, but was vetoed by President Clinton."

"So why is this legislation needed now? It is needed because each leak is a window of opportunity for terrorists to discover our sources and methods.

"With increasing frequency we are seeing videos and internet audio tapes by Osama bin Laden and Ayman al-Zawahiri warning the United States of future terrorist attacks planned for our nation. These tapes demonstrate that the threat from al-Qa'ida is still present, and very real.

"We must send a message that leaks will not be tolerated and give prosecutors a modern, clear and appropriate tool to go after those who violate the law, violate their oath and make America less safe."

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