Kyl Amendment on Leaks is Withdrawn, Amended, Reintroduced
A sweeping proposal by Senator Jon Kyl (R-AZ) to criminalize the unauthorized disclosure or publication of classified information about U.S. Government activities relating to terrorism was abruptly withdrawn on February 28 in the face of vigorous protests by public interest, press and First Amendment advocacy groups.
But then a modified, more narrowly focused version was reintroduced on the Senate floor on March 2 as an amendment to S.4, the pending bill on enacting the remaining recommendations of the 9/11 Commission.
The new Kyl amendment (pdf) would penalize employees of the House or Senate or other authorized personnel who knowingly disclose classified information that is contained in a report to Congress.
“Singling out employees of Congress for criminal sanctions would be virtually unprecedented,” said Kate Martin, director of the Center for National Security Studies.
It also “raises serious separation of powers concerns,” she said, since classification criteria and practices are dictated by the executive branch. “And it would demonstrate a lack of confidence by the Congress that it can police its own house.”
In a year when management issues like human capital, IT modernization, and improper payments have received greater attention from the public, examining this PMA tells us a lot about where the Administration’s policy is going to be focused through its last three years.
Congress must enact a Digital Public Infrastructure Act, a recognition that the government’s most fundamental responsibility in the digital era is to provide a solid, trustworthy foundation upon which people, businesses, and communities can build.
To increase the real and perceived benefit of research funding, funding agencies should develop challenge goals for their extramural research programs focused on the impact portion of their mission.
Without trusted mechanisms to ensure privacy while enabling secure data access, essential R&D stalls, educational innovation stalls, and U.S. global competitiveness suffers.