Congressional Record: May 18, 1999 (Extensions)
Page E1001
PENALTIES FOR EXPOSING THE IDENTITIES OF INTELLIGENCE AGENTS
HON. TOM DeLAY
of texas
in the house of representatives
Tuesday, May 18, 1999
Mr. DeLAY. Mr. Speaker, I insert the following speech for the
Congressional Record.
Mandatory Penalties for Exposing the Identities of U.S. Intelligence
Agents
Mr. Speaker, I commend Congressman Sweeney for bringing
this subject to our attention. The nation is being confronted
every day it seems with graver and more alarming revelations
about breaches of our national security at our weapons labs
and other facilities. It should not be overlooked that it was
due in large part to the efforts of our intelligence agents
that these breaches were first suspected and then
subsequently investigated by the FBI and others.
So, it is appropriate at this time to increase the
protection for both current and former covert intelligence
officers around the world by increasing the criminal
penalties for those who willfully divulge their identities to
the world. Anyone who deliberately puts American agents'
lives, those of their families, and America's security at
risk should face a minimum sentence in prison as well. Mr.
Sweeney's amendment does that by establishing mandatory
minimum sentences for willfully identifying covert agents.
As many of us recall, the current law, the Intelligence
Identities Protection Act, was passed after the CIA Station
Chief in Greece, Richard Welch, was assassinated after
Counter Spy exposed his identity. Ex-CIA agent Phillip Agee
was also responsible for repeated disclosures of the names of
intelligence personnel and the Supreme Court held that such
disclosures are not protected under the First Amendment.
The amendment also addresses the absurdity in the law that
allows people to obtain information about former U.S.
intelligence activities under the Freedom of Information Act,
but does not prohibit people from turning around and
identifying intelligence agents who have retired.
To address this shortcoming, the amendment expands the law
to include former covert agents under its protections because
identifying former agents, their activities and locations not
only compromises on-going intelligence efforts, but exposes
the former agents and their families to danger and
retaliation from our nation's adversaries.
Any individual who has served our country at considerable
risk to themselves and their families deserves all the
protection we can provide under the law--not only while they
serve, but when they retire as well. In this day of vicious,
global terrorism, exposing current or former intelligence
agents should be subject to severe and mandatory criminal
penalties.
The amendment does that and I urge members to vote for it.
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