[Congressional Record Volume 158, Number 102 (Tuesday, July 10, 2012)]
[Senate]
[Page S4825]


          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS


By Mr. BURR:
  S. 3367. A bill to deter the disclosure to the public of evidence or
information on United States covert actions by prohibiting security
clearances to individuals who make such disclosures; to the Select
Committee on Intelligence.
  Mr. BURR. Mr. President, I come to the Senate floor today for a
reason I never dreamed would be needed. Recently there has been a
series of articles published in the media that have described and in
some cases provided extensive details about highly classified
unilateral and joint intelligence operations, including covert actions.
To describe these leaks as troubling and frustrating is by all
standards an understatement. They are simply inexcusable criminal acts
that must stop and must stop now. Our intelligence professionals, our
allies and, most important, the American people deserve better than
this.
  I understand there are ongoing efforts in the House and Senate of
which I am a part to address these leaks through legislation and that
the Director of National Intelligence has implemented some
administrative steps to investigate these leaks. I support those
efforts. But I also believe special attention needs to be drawn to
unauthorized disclosures relating to covert actions, so today I have
introduced the Deterring Public Disclosure of Covert Action Act of
2012.
  This act will ensure that those who disclose or talk about covert
actions by the United States will no longer be eligible for Federal
Government security clearance. It is novel. It is very simple. If you
talk about covert actions you will have your clearance revoked and you
will never get another one.
  This is not a bill that any Member should ever have to introduce.
Covert actions are by their very definition supposed to be kept quiet.
Those who engage in them, those who support them, and those who work to
get them authorized all know that. Yet those rules, those very laws
that are supposed to protect classified information, are being
disregarded with few repercussions, even though each one of those leaks
undermines the hard work of our intelligence officers, puts lives at
risk, and jeopardizes our relationship with overseas partners.
  As I said in this Chamber last month, I strongly believe those
leakers are violating the trust of the American people. Those who are
given access to classified information, especially covert actions, are
given the same responsibility we as Members have. As long as something
is classified, you do not talk about it.
  In other words, keep your mouth shut. Yet month after month, we see
articles about covert actions that quote a wide range of U.S.
officials, mostly anonymously, and often senior administration
officials. While this act focuses on covert action, it in no way
minimizes the importance of maintaining the secrecy of other types of
classified information. Those who leak any classified information
should no longer be trusted with our Nation's secrets. But I believe
the damage that is being done to our covert action programs by these
leaks deserves special attention today.
  The act also ensures that any determination that an individual has
leaked information about a covert action will be made only in
accordance with the applicable law or regulation. In short, no one will
lose his clearance without appropriate due process. I believe that is
an important requirement, as losing clearance often means losing your
livelihood.
  Today I am taking one step to silence those who may have done
irreparable harm by putting their own personal agendas above their
colleagues and, most importantly, their country. We cannot afford to
wait for more leaks or more compromised covert actions.
  The bill I have introduced today may target only one part of the
problem, but I believe it is an essential part of a solution. I urge my
colleagues in the days and weeks to come to be supportive of this piece
of legislation. I think it is a small thing to ask of those who are
entrusted with our Nation's most important secrets, that they actually
keep them secret or we take that ability away to be entrusted with that
information.

                          ____________________
PDF Version

S 3367 IS

112th CONGRESS

2d Session

S. 3367

To deter the disclosure to the public of evidence or information on United States covert actions by prohibiting security clearances to individuals who make such disclosures.

IN THE SENATE OF THE UNITED STATES

July 10, 2012

Mr. BURR introduced the following bill; which was read twice and referred to the Select Committee on Intelligence

A BILL

To deter the disclosure to the public of evidence or information on United States covert actions by prohibiting security clearances to individuals who make such disclosures.

SECTION 1. SHORT TITLE.

SEC. 2. PROHIBITION ON SECURITY CLEARANCES FOR INDIVIDUALS WHO DISCLOSE TO THE PUBLIC EVIDENCE OR INFORMATION ON UNITED STATES COVERT ACTIONS.

END