IV 

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; 


bajohnson on PROD1PC69 with BILLS
2 

•HRES 895 IH 

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 


bajohnson on PROD1PC69 with BILLS
3 

•HRES 895 IH 

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, 


bajohnson on PROD1PC69 with BILLS
4 

•HRES 895 IH 

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; 


bajohnson on PROD1PC69 with BILLS
5 

•HRES 895 IH 

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 


bajohnson on PROD1PC69 with BILLS
6 

•HRES 895 IH 

1 Resolved, That the House of Representatives— 

2 (1) supports efforts to identify, track, and pur3 sue suspected foreign terrorists and their financial 

4 supporters by tracking terrorist money flows and un5 covering terrorist networks here and abroad, includ6 ing through the use of the Terrorist Finance Track7 ing Program; 

8 (2) finds that the Terrorist Finance Tracking 

9 Program has been conducted in accordance with all 

10 applicable laws, regulations, and Executive Orders, 

11 that appropriate safeguards and reviews have been 

12 instituted to protect individual civil liberties, and 

13 that Congress has been appropriately informed and 

14 consulted for the duration of the Program and will 

15 continue its oversight of the Program; 

16 (3) condemns the unauthorized disclosure of 

17 classified information by those persons responsible 

18 and expresses concern that the disclosure may en19 danger the lives of American citizens, including 

20 members of the Armed Forces, as well as individuals 

21 and organizations that support United States ef22 forts; and 

23 (4) expects the cooperation of all news media 

24 organizations in protecting the lives of Americans 

25 and the capability of the government to identify, disVerDate Aug 31 2005 03:21 Jun 29, 2006 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\HR895.IH HR895

bajohnson on PROD1PC69 with BILLS
7 

•HRES 895 IH 

1 rupt, and capture terrorists by not disclosing classi2 fied intelligence programs such as the Terrorist Fi3 nance Tracking Program. 

Æ 


bajohnson on PROD1PC69 with BILLS