ALAWON: American Library Association Washington Office Newsline Volume 10, Number 63 August 31, 2001 In this issue: [1] ALA Seeks Postponement of Hearing on Leaks Provision [2] Text of Letter to Senator Graham [1] ALA Seeks Postponement of Hearing on Leaks Provision ALA has joined with many other groups concerned about the "leaks" provision to the Intelligence Authorization bill that is currently under consideration by the Senate Select Committee on Intelligence. We are very concerned that the provision would diminish the public's right-to-know and raise First Amendment implications by discouraging dissent and disclosure of governmental misconduct and by criminalizing disclosure of information that may be unmarked but classified. ALA, together with the American Association of Law Libraries(AALL) and the Association of Research Libraries (ARL), has written a letter to Senator Bob Graham, Chair of the Select Committee on Intelligence, requesting a postponement of the hearing on the provision, now scheduled for September 5th. We also request that the provision be subject to a public debate, preceded by deeper consideration and a much more extensive discussion of the provision's far-reaching implications. Because this bill has such far-reaching impacts, we would like it to be proposed as a stand- alone bill, not as a provision attached to a larger bill. (Full text of letter follows in this email.) ALA is also part of a larger group effort to convince Senator Graham to postpone this unwise course of action. The ALA Washington Office is following this issue very closely and will keep members informed as it develops. Stay tuned to ALAWON for the latest news. [2] Text of Letter to Senator Graham: August 31, 2001 The Honorable Bob Graham Chairman, Select Committee on Intelligence 211 Hart Office Building United States Senate Washington, DC 20510 Sent via messenger Dear Senator Graham: On behalf of the American Library Association (ALA), the American Association of Law Libraries (AALL) and the Association of Research Libraries (ARL), we write to you today to request that you not hold a hearing on September 5th on a "leaks" criminalization provision under consideration as part of the Intelligence Authorization bill presently before your Committee. We further request that you not include the "leaks" provision in the Chairman's mark or in any legislation that moves to the Senate floor this session. ALA, AALL and ARL are strongly committed to broad public access to government information and the public's right-to-know. Together, we represent over 80,000 librarians nationwide. Last year, we opposed a similar provision that was added to the Intelligence Authorization Act, legislation subsequently vetoed by President Clinton. Having just recently learned of the scheduled hearing on the "leaks" provision, we do not believe that there has been sufficient time or adequate public notice to all stakeholders about this hearing. Further, we believe that authorization legislation is not the appropriate vehicle for the "leaks" proposal that raises very serious First Amendment and balance of power implications. Participation in this debate by all interested stakeholders, including researchers, the library community and others, requires more time and opportunity to prepare for a public hearing on what we believe should be separate legislation rather than an add-on to an authorization bill. We continue to believe that the "leaks" proposal is overly broad. We are very concerned that the provision would diminish the public's right-to-know and raise First Amendment implications by discouraging dissent and disclosure of governmental misconduct and by criminalizing disclosure of information that may be unmarked but classified. If the intent of Congress is to assign new powers to the executive branch, then at a minimum there should be full public hearings and debate before all appropriate congressional committees, including the Senate Judiciary Committee, on a stand-alone bill. Lastly, it is our understanding that President Bush is still considering policy issues in this arena and the Administration has not requested such legislation at this time. Based on these facts, we see no need to expedite the "leaks" proposal without a full analysis and review, including opportunities for public comment and participation. Mr. Chairman, we therefore respectfully request that you postpone the September 5th hearing and that you not include the "leaks" provision in the Chairman's mark or in any legislation that moves to the Senate floor this session. Thank you. Sincerely, Emily Sheketoff Executive Director ALA Washington Office Prudence Adler Associate Executive Director Association of Research Libraries Mary Alice Baish Associate Washington Affairs Representative American Association of Law Libraries ****** ALAWON (ISSN 1069-7799) is a free, irregular publication of the American Library Association Washington Office. All materials subject to copyright by the American Library Association may be reprinted or redistributed for noncommercial purposes with appropriate credits. To subscribe to ALAWON, send the message: subscribe ala-wo [your_firstname] [your_lastname] to listproc@ala.org or go to http://www.ala.org/washoff/alawon. To unsubscribe to ALAWON, send the message: unsubscribe ala-wo to listproc@ala.org. ALAWON archives at http://www.ala.org/washoff/alawon. ALA Washington Office, 1301 Pennsylvania Ave., N.W., Suite 403, Washington, D.C. 20004-1701; phone: 202.628.8410 or 800.941.8478 toll-free; fax: 202.628.8419; e-mail: alawash@alawash.org; Web site: http://www.ala.org/washoff. Executive Director: Emily Sheketoff. Office of Government Relations: Lynne Bradley, Director; Mary Costabile, Peter Kaplan, Miriam Nisbet and Claudette Tennant. Office for Information Technology Policy: Rick Weingarten, Director; Jennifer Hendrix, Carrie Russell and Saundra Shirley. ALAWON Editor: Bernadette Murphy.