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# Legislative Bulletin..............................................June 29, 2006

**Contents:**

> **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

**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---*as introduced* (Oxley, R-OH)**

**[Order of Business]{.underline}**: The resolution is scheduled to be
considered on Thursday, June 29^th^, subject to a closed rule (H.Res.
896). The rule provides for one motion to recommit [without]{.underline}
instructions.

**[Summary]{.underline}**: H.Res. 895 would resolve that the House:

-   "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;

-   "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;

-   "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

-   "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."

The resolution also notes that "effective intelligence depends on
cooperation with foreign governments and individuals who trust the
United States to protect their confidences," and "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."

The resolution asserts that, "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."

**[Additional Background]{.underline}**: At some point before June 23,
2006, classified information regarding the Terrorist Finance Tracking
Program was illegally and improperly disclosed to the *New York Times*,
which then knowingly published details about this classified program. To
read the *New York Times* article in which the tracking program was
exposed, visit this webpage:
<http://www.nytimes.com/2006/06/23/washington/23intel.html?_r=1&oref=slogin>.

As the resolution notes, after the September 11^th^ attacks, the federal
government initiated a classified Terrorist Finance Tracking Program,
which gathers bank transaction and other financial transaction
information on suspected international terrorists or terrorist entities
as part of specific terrorism investigations. The resolution asserts
that regular, independent audits of the tracking program have confirmed
that the federal government has "consistently" observed the established
safeguards and protocols for protecting individual privacy. Congress has
also been regularly briefed on this program and has conducted oversight
of it.

The resolution notes that the tracking program provided intelligence
leading to the

capture of Hambali, the operations chief of an al Qaeda affiliate, who
masterminded

a nightclub bombing in Indonesia that killed over 200 people, and to the
capture of Uzair Paracha, an al Qaeda money launderer operating in the
United States.

**[Committee Action]{.underline}**: On June 28, 2006, the resolution was
referred to the Financial Services Committee, which took no official
action on it.

**[Administration Position]{.underline}**: President Bush referred to
the New York Times leak as "disgraceful" and asserted that the illegal
disclosure made it easier for terrorists to evade detection and attack
Americans.

**[Cost to Taxpayers]{.underline}**: The resolution would authorize no
expenditure.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[RSC Staff Contact]{.underline}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718

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