[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 895 Introduced in House (IH)]








109th CONGRESS
  2d Session
H. RES. 895

     Supporting intelligence and law enforcement programs to track 
terrorists and terrorist finances conducted consistent with Federal law 
   and with appropriate Congressional consultation and specifically 
  condemning the disclosure and publication of classified information 
 that impairs the international fight against terrorism and needlessly 
exposes Americans to the threat of further terror attacks by revealing 
a crucial method by which terrorists are traced through their finances.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2006

Mr. Oxley submitted the following resolution; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                               RESOLUTION


 
     Supporting intelligence and law enforcement programs to track 
terrorists and terrorist finances conducted consistent with Federal law 
   and with appropriate Congressional consultation and specifically 
  condemning the disclosure and publication of classified information 
 that impairs the international fight against terrorism and needlessly 
exposes Americans to the threat of further terror attacks by revealing 
a crucial method by which terrorists are traced through their finances.

Whereas the United States is currently engaged in a global war on terrorism to 
        prevent future attacks against American civilian and military interests 
        at home and abroad;
Whereas intelligence programs are essential to gathering critical information 
        necessary for identifying, disrupting, and capturing terrorists before 
        they carry out further attacks;
Whereas there is a national security imperative for maintaining the secrecy of 
        our intelligence capabilities from our potential enemies;
Whereas effective intelligence depends on cooperation with foreign governments 
        and individuals who trust the United States to protect their 
        confidences;
Whereas the Commission on the Intelligence Capabilities of the United States 
        Regarding Weapons of Mass Destruction found that ``the scope of damage 
        done to our collection capabilities from media disclosures of classified 
        information is well documented. Hundreds of serious press leaks have 
        significantly impaired U.S. capabilities against our hardest targets'';
Whereas the unauthorized disclosure of sensitive intelligence information 
        inflicts significant damage to United States activities in the global 
        war on terrorism by assisting terrorists in developing countermeasures 
        to evade United States intelligence capabilities, costs the United 
        States taxpayers hundreds of millions of dollars in lost capabilities, 
        and ultimately endangers American lives;
Whereas the 1998 disclosure of classified information regarding efforts to 
        monitor the communications of Usama bin Laden eliminated a valuable 
        source of intelligence information on al Qaeda's activities, an example 
        of the significant damage caused by unauthorized disclosures;
Whereas following the September 11, 2001 terrorist attacks, Congress passed the 
        USA PATRIOT ACT, which included anti-terrorist financing provisions that 
        bolster Federal Government and law enforcement capabilities to find and 
        disrupt the financiers of terrorist organizations;
Whereas following the September 11, 2001 terrorist attacks, the President, with 
        the support of Congress, directed the Federal Government to use all 
        appropriate measures to identify, track, and pursue not only those 
        persons who commit terrorist acts here and abroad, but also those who 
        provide financial or other support for terrorist activity;
Whereas consistent with this directive, the United States Government initiated a 
        lawfully classified Terrorist Finance Tracking Program and the Secretary 
        of the Treasury issued lawful subpoenas to gather information on 
        suspected international terrorists through bank transaction information;
Whereas under the Terrorist Finance Tracking Program, the United States 
        Government only reviews information as part of specific terrorism 
        investigations and based on intelligence that leads to targeted 
        searches, such as searches of a specific individual or entity;
Whereas the Terrorist Finance Tracking Program is firmly rooted in sound legal 
        authority based on Executive Orders and statutory mandates, including 
        the International Emergency Economic Powers Act of 1977 and the United 
        Nations Participation Act;
Whereas the Terrorist Finance Tracking Program consists of the appropriate and 
        limited use of transaction information while maintaining respect for 
        individual privacy;
Whereas the Terrorist Finance Tracking Program has rigorous safeguards and 
        protocols to protect privacy in that record searches must identify a 
        terrorism-related basis, and regular, independent audits of the program 
        have confirmed that the United States Government has consistently 
        observed the established safeguards and protocols;
Whereas appropriate Members of Congress, including the members of the Committees 
        on Intelligence of the Senate and House of Representatives, have been 
        briefed on the Terrorist Finance Tracking Program and have conducted 
        oversight of the Program;
Whereas the Terrorist Finance Tracking Program has successfully provided vital 
        intelligence in support of the global war on terrorism, including 
        information leading to the capture of Hambali, the Operations Chief of 
        Jemaah Islamiyah, an al Qaeda affiliate, who masterminded the 2002 
        nightclub bombing in Indonesia that killed over 200 people;
Whereas the Terrorist Finance Tracking Program has helped authorities uncover 
        terrorist financiers worldwide and find Uzair Paracha, an al Qaeda money 
        launderer operating in the United States;
Whereas Congress has authorized the Secretary of the Treasury to explore the 
        implementation of systems to review all cross-border wire transactions;
Whereas the bipartisan 9/11 Commission recommended that ``Vigorous efforts to 
        track terrorist financing must remain front and center in U.S. 
        counterterrorism efforts'';
Whereas persons in positions of trust and responsibility granted access to 
        highly sensitive intelligence programs violated their solemn obligations 
        not to disclose classified information and made unauthorized disclosures 
        regarding the program;
Whereas at some point before June 23, 2006, classified information regarding the 
        Terrorist Finance Tracking Program was illegally and improperly 
        disclosed to members of the news media;
Whereas beginning on June 23, 2006, certain media organizations knowingly 
        published details about a classified program that the United States 
        Government had legally and with appropriate safeguards used to track the 
        financing of terrorism, including specific intelligence gathering 
        methods;
Whereas the Administration, Members of Congress, and the bipartisan chairmen of 
        the 9/11 Commission requested that media organizations not disclose 
        details of the Terrorist Finance Tracking Program so that terrorists 
        would not shift their financing to channels in the international 
        financial system that are less easily observed by intelligence agencies;
Whereas the disclosure of the Terrorist Finance Tracking Program has 
        unnecessarily complicated efforts by the United States Government to 
        prosecute the war on terror and may have placed the lives of Americans 
        in danger both at home and in many regions of the world, including 
        active-duty armed forces in Iraq and Afghanistan;
Whereas persons who have access to classified information, or who have 
        classified information passed onto them, have a responsibility to the 
        people of the United States not to endanger the populace through their 
        exercise of the right to freedom of speech; and
Whereas Federal statutes criminalize the unauthorized disclosure and publication 
        of sensitive intelligence information, regardless of the source: Now, 
        therefore, be it
    Resolved,  That the House of Representatives--
            (1) supports efforts to identify, track, and pursue 
        suspected foreign terrorists and their financial supporters by 
        tracking terrorist money flows and uncovering terrorist 
        networks here and abroad, including through the use of the 
        Terrorist Finance Tracking Program;
            (2) finds that the Terrorist Finance Tracking Program has 
        been conducted in accordance with all applicable laws, 
        regulations, and Executive Orders, that appropriate safeguards 
        and reviews have been instituted to protect individual civil 
        liberties, and that Congress has been appropriately informed 
        and consulted for the duration of the Program and will continue 
        its oversight of the Program;
            (3) condemns the unauthorized disclosure of classified 
        information by those persons responsible and expresses concern 
        that the disclosure may endanger the lives of American 
        citizens, including members of the Armed Forces, as well as 
        individuals and organizations that support United States 
        efforts; and
            (4) expects the cooperation of all news media organizations 
        in protecting the lives of Americans and the capability of the 
        government to identify, disrupt, and capture terrorists by not 
        disclosing classified intelligence programs such as the 
        Terrorist Finance Tracking Program.
                                 <all>