Update on proposed bill that threatens reporting on national defense issues

• By: ASNE staff
• On: 11/13/2012 18:42:11
• In: First Amendment

Earlier this week, ASNE and other member organizations of the Sunshine in Government Initiative began to hear rumblings that certain senators were interested in "hotlining" (securing passage via Unanimous Consent of all Senators, eliminating the need for any debate in the process) S 3454, the Intelligence Authorization Act for Fiscal Year 2013. S 3454 is the bill we summarized for you about six weeks ago. Its Title V contains two provisions (Sections 505 and 506) that would make it significantly harder for ASNE members to acquire and report important information relating to foreign affairs and national security issues.

A similar attempt to hotline S 3455 was made just before the Senate adjourned at the end of September. However, Senator Ron Wyden, D-Ore., stated his objection to the bill at that time -- specifically objecting to Title V -- which scuttled any chances of a quick floor vote.

We understand that Senator Wyden's continued objection to Title V, specifically including objections to Sections 505 and 506, have ended any short-lived hopes held by S 3454's supporters that the bill might quickly move to the Senate floor and beyond, especially because these concerns appear to be held by Senate Judiciary Committee Chairman Patrick Leahy and have been conveyed to the Intelligence Committee by certain intelligence agencies and the White House, as well. Given the limited amount of legislative time available before the end of the year and the need to address significant fiscal issues (S 3454, while providing funding for Intelligence agencies for Fiscal Year 2013, is not considered essential, as the agencies can be funded via a continuing resolution), it is unlikely that Senate leadership will commit valuable floor time to this somewhat-controversial bill.

This does not end the matter, however. We expect S 3454 and/or Title V to be resurrected in some form in the future. So, in addition to praising those who have stood up against this legislation, ASNE members should continue to convey their opposition to these provisions to their senators and representatives and keep an eye out for future updates on this topic should a strong and immediate response be necessary.