[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