Department Of Homeland Security Appropriations Act, 2006
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2006 -- (Senate - July 14, 2005)
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[AMENDMENT NO. 1222]
Mrs. FEINSTEIN. Mr. President, there are some who may disagree with the proposition at the heart of Senator Reid's amendment; that is, that U.S. Government officials who violate the laws governing safeguarding sources should not be permitted to have continued access to that information. I happen to agree with that. I happen to think it is a fair point to discuss. As the Senator from Connecticut said, it is appropriate for this discussion.
In fact, there is a document that every employee signs. It is entitled ``Department of Defense Secrecy Agreement.'' The second part of it reads:
I agree that I will never divulge, publish or reveal, either by word, conduct, or by any other means, any classified information, intelligence, or knowledge, except in the performance of my official duties and in accordance with the laws of the United States, unless specifically authorized in writing in each case by the Secretary of Defense.
It is my understanding Senators do not sign it, Members of Congress do not sign it, but members of the administration and staff do sign this document.
All the Reid amendment does, essentially, is codify what has been carried out informally by regulation.
The second-degree amendment is not fair or honorable. It is clearly designed to threaten a Member's unquestionably lawful conduct. It is venal. I believe it is unprecedented.
We have asked the historian of the Senate if this has ever been done before. He said, no, never in the Senate. Once, in the House of Representatives, from 1836 to 1844, the House had a gag rule on all motions pertaining to abolition of slavery. They were immediately tabled. Otherwise, there never has been an effort like this.
The problem with the substitute amendment, and let me read it, is this.
It says strike all that follows and add the following:
Any federal office holder who makes reference to a classified Federal Bureau of Investigation report on the floor of the Senate, or any federal officeholder that makes a statement based on an FBI agent's comments which is used as propaganda by terrorist organizations thereby putting our servicemen and women at risk, shall not be permitted access to such information or to hold a security clearance for access to this information.
Yesterday, I had a meeting with the Director of the FBI. We discussed many aspects of the PATRIOT Act. Supposing I had come to the Senate and discussed those aspects and Al-Jazeera picked it up and used it as propaganda. I am within my rights to discuss that. It is unclassified. I know of no Senator that has come to the Senate and used any information that was classified.
Now, there have been accusations. I got that FBI report. I have it right here. It has a big X through secret and has written on it:
All information contained herein is unclassified except where shown otherwise.
What this amendment aims to get at is clearly a venal retribution. Candidly, I object to it. It has never happened in the Senate before. And it should not happen today.
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