STATEMENT BY SENATOR HENRY M. JACKSON ON THE INTELLIGENCE IDENTITIES PROTECTION ACT OF 1982

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84B00148R000100370036-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 20, 2016
• Document Release Date: June 14, 2007
• Sequence Number: 36
• Publication Date: March 1, 1982
• Content Type: REPORT

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JACK S ON f A
U.S. Srnator I1 my PA. )ac son of Washington [phone]
S TAI 1 i~MENT BY SENATOR !HENRY 11. JACKSON
ON THE INIFILIGLNCE IDENTITIES PROTFCi ION ACT OF 1982
SENATE 1-1 OUR, MONDAY, RCH 1, 1982
i~'R. PRE Si DLNF, THERE IS WIDE ACRL_ EIILN T ON IHE Ii",PCR 1 I" NC'_ OF
UHF i 'IASURE WE ARE CONSIDERING, THE INTFI LIGLNCE IDENTI I I IFS
PROTFCi ION ACT.
AT LONG LAST, WE HAVE BEFORE US THE MEANS TO PROTECT OUR
NATIONAL FOREIGN INTELLIGENCE CAPABILITIES FROM A SERIOUS THREAT.
THERE ARE ACTIVE TODAY A FEW PEOPLE WHO MAKE A BUSINESS CF EXPOSING
THE IDENTITIES OF AMERICAN COVERT AGENTS. THESE PEOPLE ARE NOT
PURSUING HISTORICAL OR ACADEMIC RESEARCH, CORRECTING ABUSES,
INVESTIGATING POSSIBLE SCANDALS OR ILLEGAL ACTIVITIES, OR PURSUING
ANY OTHER SALUTARY PUBLIC ACTIVITY, INSTEAD, THEY ARE IN THE
BUSINESS OF "NAMING NAMES."
THESE MALEFACTORS, NOTABLY LOUIS WOLF AND PHILIP AGEE, HAVE
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PERSISTED IN RISKING THE LIVES OF COURAGEOUS PUBLIC SERVANTS AND
THREATENING OUR VITAL FOREIGN INTELLIGENCE ACTIVITIES. AMONG THEIR
OTHER ACTIVITIES, FOR EXAMPLE, THOSE TWO VISITED GREECE, JAMAICA,
AND M07AMBIOUE, WHERE THEY ALLEGED A CIA RELATIONSHIP FOR SEVERAL
AMERICAN GOVI_RNMENT PERSONNEL WORKING IN THOSE COUNTRIES. IN SO
DOING, AGFE AND WOLF PLACED THE INDIVIDUALS THEY NAMED IN SERIOUS
PERIL. IN MOZAMBIQUE, THE PERIL WAS HARASSMENT AND EXPULSION.
IN JAMAICA, THE PERIL WAS ATTEMPTED ASSASSINATION. IN ATHENS,
IT WAS MURDER.
THIS THREAT CONTINUES TODAY. JUST LAST FALL, IN OCTOBER 1981,
AGEE TRAVELED TO NICARAGUA, WHERE A STRIDENT ANTI-U.S. CAMPAIGN
WAS UNDER WAY, ON NOVEMBER 6, THE PRO-SANDINIST NEWSPAPER,
NUEVO DIARIO, PUBLISHED THE NAMES OF 13 ALLEGED CIA OFFICERS
ASSIGNED TO THE U.S. EMBASSY IN MANAGUA, U.S. OFFICIALS THERE
BELIEVE THE PUBLICATION OF THOSE NAMES WAS LINKED WITH AGEE'S VISIT.
SEVERAL OF THE INDIVIDUALS NAMED IN THE LIST SOON RECEIVED DEATH
THREATS, AND THE FAMILIES OF ALL THESE AMERICAN OFFICIALS WERE
EVACUATED FOR THEIR PERSONAL SAFETY.
THERE ALSO FOLLOWED FOUR INCIDENTS IN WHICH SINGLE FEMALE
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EMPLOYEES OF THE U.S. EMBASSY IN MANAGUA WERE ACCOSTED AND/OR HAD
THEIR HOMES ENTERED.
IN THE FIRST OF THESE INCIDENTS, THREE MEN ARMED WITH PISTOLS
ENTERED THE HOME OF AN EMBASSY EMPLOYEE WHO WAS ABSENT AT THE TIME,
THE MEN TIED UP THE EMPLOYEES GARDENER AND SEARCHED THE 'WOMAN'S
HOME, TAKING A FEW ITEMS AND DISABLING THE TELEPHONE.
IN THE SECOND INCIDENT, INDIVIDUALS BELIEVED TO BE THE SAME
THREE MEN FORCED THEIR WAY ONTO THE GROUNDS OF THE HOME OF ANOTHER
EMPLOYEE, TIED UP THE GUARD, AND WAITED 7 HOURS FOR THE EMPLOYEE
TO RETURN HOME. THE INTRUDERS THEN TIED UP THE EMPLOYEE, THREW
HER INTO A CLOSET, TOOK HER CAR, MONEY, AND SOME BELONGINGS, AND
DEPARTED. THE INTRUDERS. TOLD THE GUARD THAT THE EMPLOYEE WAS A
CIA AGENT,
IN THE THIRD INCIDENT, THE HOME OF AN EMPLOYEE WAS ENTERED
BY FORCE, THE GUARD WAS TIED UP AND THE EMPLOYEE WAS ACCOSTED AND
THREATENED, THE MEN WERE OVERHEARD TO DISCUSS AMONG THEMSELVES
THE FOURTH INCIDENT INVOLVED THE SAME EMPLOYEE WHO WAS THE
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TARGET OF THE FIRST. THE MEN INVOLVED HID ON THE GROUNDS OF THE
EMPLOYEES RESIDENCE. WHEN SHE RETURNED HOME, THE MEN STOPPED THE
CAR IN WHICH SHE WAS RIDING AND, AT GUNPOINT, TOOK HER, A NICARAGUAN
ACQUAINTANCE, HER MAID, AND A GUARD PRISONER, AFTER TYING, GAGGING,
AND BLINDFOLDING THEM, THE MEN PROCEEDED TO EMPTY THE APARTMENT OF
ALL ITS CONTENTS AND AGAIN DISABLED THE TELEPHONE. DURING THE
COURSE OF THESE ACTIVITIES, THE NICARAGUAN ACQUAINTANCE WAS BEATEN.
THE ASSAILANTS ARE QUOTED BY THE MAID AS HAVING SAID, "'WE ARE DOING
THIS SO THAT CIA PERSONNEL WILL HAVE TO LEAVE," AND THAT THEY WIRE
DOING THIS SO THAT "ALL AMERICANS WILL HAVE TO LEAVE." JUST BEFORE
LEAVING THE APARTMENT, ONE OF THE MEN SAID, "YOU ARE CIA AND OUR
HANDS ARE ITCHING TO KILL YOU."
MR. PRESIDENT, BECAUSE OF INCIDENTS LIKE THESE, AND BECAUSE
OF THE WAY IN WHICH WOLF-AGEE STYLE ACTIVITIES CAN INJURE OUR
NATIONAL FOREIGN INTELLIGENCE CAPABILITIES, THE NEED FOR LEGISLATION
DEALING WITH THIS MATTER IS NOT IN DOUBT, THERE IS WIDESPREAD
AGREEMENT, NOT JUST IN THE SENATE BUT THROUGHOUT CONGRESS AND THE
GOVERNMENT GENERALLY, ON THE NEED FOR LEGISLATION TO PROTECT THOSE
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THE ACTIVITIES OF PEOPLE LIKE AGEE HAVE BEEN CONDEMNED IN THE
PRESS AND IN THE COURTS. FOR EXAMPLE, THE SUPREME COURT MAJORITY
OPINION ON JUNE 29, 1981, IN THE CASE OF HAIG VS. AGEE, SAID IN PART:
AGEE'S DISCLOSURES, AMONG OTHER THINGS,
HAVE THE DECLARED PURPOSE OF OBSTRUCTING
INTELLIGENCE OPERATIONS AND THE RECRUITING
OF INTELLIGENCE PERSONNEL, THEY ARE CLEARLY
NOT PROTECTED BY THE CONSTITUTION, THE MERE
FACT THAT AGEE IS ALSO ENGAGED IN CRITICISM
OF THE GOVERNMENT DOES NOT RENDER HIS CONDUCT
BEYOND THE REACH OF THE LAW.
THERE IS ALSO WIDESPREAD AGREEMENT THAT WE MUST ACT NOW --
INDEED THAT WE HAVE DELAYED TOO LONG ALREADY, IT WAS EARLY IN
JULY 1980 THAT THE ASSASSINATION ATTEMPT ON MR. KINSMAN OCCURED IN
JAMAICA, FOLLOWED THREE DAYS LATER BY AN APPARENT ATTEMPT TO
ASSASSINATE ANOTHER OF THE EMBASSY PERSONNEL NAMED BY WOLF, THE
FOLLOWING DAY, MR. FRANK CARLUCCI, THEN DEPUTY DIRECTOR OF CENTRAL
INTELLIGENCE, WROTE TO ONE OF MY COLLEAGUES ON THE INTELLIGENCE
COMMITTEE ABOUT THESE EVENTS. HE SAID: "I FURTHER BELIEVE WE CAN
ILL AFFORD TO WAIT UNTIL ANOTHER MEMBER OF A U.S. OVERSEAS MISSION
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COMES HOME IN A CASKET BEFORE CONGRESS ADDRESSES THIS PRESSING
WE ALSO FIND GENERAL AGREEMENT ON ALL PROVISIONS OF THE BILL
BEFORE US NOW, SAVE FOR ONE SECTION, THAT SECTION CONCERNS
PROVISIONS DEALING WITH PEOPLE WHO HAVE NEVER HAD ACCESS TO
CLASSIFIED MATERIAL, SECTION 601 (C) OF S. 391.
WE ARE AGREED THAT WE MUST LEGISLATE TO CORRECT GRAVE ABUSES.
WE ARE AGREED THAT WE MUST LEGISLATE CAREFULLY, TO AVOID INFRINGING
ON OR CHILLING THE EXERCISE OF CIVIL LIBERTIES. WE ARE STRIVING
TO CRAFT A LAW THAT WILL DELIMIT NARROWLY THE SPECIFIC ABUSES THAT
WOULD BE PROHIBITED. TO THAT END, WE AGREE THAT WE MUST PROTECT
INDIVIDUAL RIGHTS BY IMPOSING A BURDEN ON THOSE WHO WOULD BE
PROSECUTING OTHERS UNDER THIS LAW -- A BURDEN OF SIX ELEMENTS THAT
MUST EACH BE PROVEN BEYOND REASONABLE DOUBT.
WE ARE AGREED, MOREOVER, ON FIVE OF THOSE SIX ELEMENTS.
SPECIFICALLY, THE LAW WOULD REQUIRE, WHETHER IN THE VERSION AS IT I
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CAME TO THE FLOOR OR AS AMENDED IN THE WAY THAT SENATOR CHA"FEE AND
I, WITH SEVERAL OTHERS, HAVE URGED, THAT THE PROSECUTION PROVE
THAT A PERSON ACCUSED UNDER THIS LAW MUST HAVE:
MEASURES TO CONCEAL SUCH INDIVIDUALS CLASSIFIED
INTELLIGENCE RELATIONSHIP TO THE U.S."
SUPPORT FOR THE OBJECTIVE STANDARD
';HERE THERE IS DISAGREEMENT, MR. PRESIDENT, IS THE SIXTH
ELEMENT REQUIRED FOR THE PROSECUTION TO PROVE. THE BILL, AS IT
CAFE TO THE FLOOR, EMPLOYS AN "INTENT" STANDARD FOR PROSECUTION,
WHICH WOULD REQUIRE THAT A DEFENDANTS STATE OF MIND AND PURITY OF
PURPOSE BE EXAMINED. THAT IS, IN THE BILL AS IT CAME TO THE FLOOR,
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THAT THE PERSON MAKING THE DISCLOSURE OF IDENTITY DID SO WITH THE
INTENT OF IMPAIRING OR IMPEDING THE FOREIGN INTELLIGENCE ACTIVITIES
OF THE UNITED STATES.
THIS LANGUAGE CONCERNED ME, CHIEFLY FOR REASONS OF CIVIL
LIBERTIES. WE MUST EXERCISE GREAT CARE TO PROTECT THE EXERCISE OF
OUR POLITICAL FREEDOMS. WE SHOULD BE VERY CAUTIOUS ABOUT WRITING
LAWS THAT WOULD PERMIT OR EVEN REQUIRE EXAMINATION AND TRIAL OF A
PERSONS LA~WFUL EXERCISE OF POLITICAL BELIEFS, ACTIONS, AND
ASSOCIATIONS. THE FREE EXERCISE OF PUBLIC SCRUTINY AND DEBATE IS
CENTRAL TO OUR DEMOCRATIC INSTITUTIONS, AND WE SHOULD AVOID CREATING
LAWS THAT MIGHT CHILL THESE ACTIVITIES BY INDUCING A FEAR THAT A
SPIRITED CRITICISM MADE TODAY WILL TOMORROW BE ADDUCED AS EVIDENCE
OF IMPURE INTENT.
CONSEQUENTLY, I JOINED SENATOR CHAFEE AND SEVERAL OTHER
CO-SPONSORS IN PROPOSING AN AMENDMENT TO THE BILL WHICH WOULD RESTORE
THE ORIGINAL LANGUAGE OF THE BILL. OUR AMENDMENT WOULD REPLACE THE
SUBJECTIVE "INTENT" STANDARD WITH AN OBJECTIVE STANDARD, ACCORDING
TO WHICH THE PROSECUTION WOULD HAVE TO PROVE THAT THE ACCUSED HAS
"REASON TO BELIEVE" THAT HE "WOULD IMPAIR OR IMPEDE FOREIGN
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INTELLIGENCE ACTIVITES OF THE UNITED STATES."
THE LANGUAGE PROPOSED IN OUR AMENDMENT HAS BEEN STRONGLY
SUPPORTED BY BOTH THE CARTER AND REAGAN ADMINISTRATIONS, IT IS
THE LANGUAGE THAT WAS ENDORSED BY THE SENATE INTELLIGENCE COMMITTEE
IN 1980, THAT WAS IN THE BILL WHEN IT WAS ORIGINALLY SUBMITTED TO
THE SENATE DURING THIS CONGRESS, AND THAT WAS OVERWHELMINGLY
ADOPTED BY THE HOUSE OF REPRESENTATIVES EARLY LAST FALL.
THE KEY ADVANTAGE OF THIS LANGUAGE, I BELIEVE, IS EFFECTIVENESS,
IIIE CHAFEE/JACKSON LANGUAGE WILL BE MORE EFFECTIVE IN PROTECTING
BOTH OUR FOREIGN INTELLIGENCE CAPABILITIES AND OUR INDIVIDUAL CIVIL
LIBERTIES, WITH THIS LANGUAGE, THE LEGITIMATE SCOPE FOR GOVERNMENTAL
INVESTIGATION WOULD BE LIMITED, BEING AN OBJECTIVE STANDARD OF
EVIDENCE, THE "REASON TO BELIEVE" ELEMENT MAKES IRRELEVANT AN
INDIVIDUALS POLITICAL BELIEFS, ASSOCIATIONS, AND OTHER PUBLIC
ACTIVITIES, AT THE SAME TIME, MALEFACTORS WILL NOT BE ABLE TO
AVOID PUNISHMENT UNDER THIS LAW BY CLAIMING THAT THEY HAD A BENIGN
INTENT FOR THEIR ACTIONS, HOWEVER MUCH THEY ENDANGERED NATIONAL
SECURITY AND IMPERILED INDIVIDUAL LIVES.
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THE "REASON TO BELIEVE" STANDARD IS EFFECTIVE IN A TECHNICAL
SENSE, AS WELL. IT IS CONSISTENT WITH THE BODY OF STATUTORY AND
CASE LAW THAT HAS BEEN DEVELOPED CONCERNING ESPIONAGE ACTIVITIES.
FIND IT HAS PASSED CONSTITUTIONAL MUSTER IN A NUMBER OF IMPORTANT CASES.
FINALLY, IT IS IMPORTANT TO REMEMBER THAT WE HAVE BEEN
ADDRESSING JUST ONE ELEMENT - THE OBJECTIVE VERSUS THE SUBJECTIVE
STANDARD OF PROOF. WHICHEVER VERSION IS SUPPORTED BY THE SENATE
WILL BE ONLY ONE OF SIX ELEMENTS, EACH OF WHICH MUST BE PROVEN.
APPLYING THIS LAW, ITS LEGISLATIVE HISTORY MAKES ABSOLUTELY CLEAR
THAT THE LEGISLATIVE PURPOSE IS TO "GET THE BAD GUYSNOT TO CHILL
DEBATE OVER ISSUES OF PUBLIC POLICY.
MR. PRESIDENT, THE AMENDMENT WE HAVE PROPOSED WILL HELP PROTECT
OUR CIVIL FREEDOMS AND THE LIVES OF COURAGEOUS PUBLIC SERVANTS --
WHO ARE ALSO VITAL TO PRESERVING OUR FREEDOMS, I URGE ITS PROMPT
ADOPTION.