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The Administration, after consultation with the Department of Justice, has
determined that section 306 of S. 858 is unconstitutional. If the bill
presented to the President retains section 306 in its present form, his senior
advisers would recommend that he veto the bill.
Section 306 would require the President to inform Federal employees and
contractors that disclosure to Congress of specified categories of information,
including classified information, "is not prohibited by law, executive order,
or regulation or otherwise contrary to public policy." This provision is
clearly contrary to the Supreme Court's explicit recognition of the President's
constitutional authority to protect national security and other privileged
information. Congress may not vest lower-ranking personnel in the Executive
Branch with a "right" to furnish national security or other privileged
information to a member of Congress without receiving official authorization to
do so. By seeking to divest the President of his authority over the disclosure
of such information, section 306 would unconstitutionally infringe upon the
President's constitutional authority. We believe that existing congressional
oversight mechanisms, as well as inspector general statutes, have proven
effective in bringing instances of illegality, fraud, waste, and abuse to the
attention of Executive branch managers and congressional committees.
In addition to the constitutional concerns, S. 858 raises serious budgetary
concerns. The Administration does not agree with the elimination of core
intelligence capabilities that are critical to satisfying high-priority
national and military intelligence needs. The Administration will work with
Congress to reach an accommodation that best serves our national interests and
maintains the core capabilities included in our budget request. In addition,
the Administration opposes the elimination and reduction of funding for certain
highly sensitive programs in the Central Intelligence Agency (CIA). The
Administration also believes that the funding arrangements proposed in the
President's budget for the National Drug Intelligence Center and for family
housing are appropriate.
The Administration believes that the Working Capital Fund proposed by the
Central Intelligence Agency would promote efficient and effective allocation of
administrative services. Although the Committee did not include the Working
Capital Fund in S. 858, the Administration believes it can satisfy the
congressional concerns about this program prior to the conference on this
bill. The Administration looks forward to working with Congress to ensure
enactment of this important authority.
The Administration strongly supports legislation proposed by the CIA to extend
the jurisdiction of the CIA Security Protective Service and is disappointed
that S. 858 does not include that proposal. The Administration believes that
provision is necessary to enable the CIA to better protect its personnel and
facilities against the threat of terrorism. The Administration is ready to
work with the Committee prior to conference to satisfy any concerns it has
regarding this important authority.
Also problematic is section 307 which calls for the release of information
related to the kidnapping or murder of United States citizens abroad. While
perhaps not objectionable in concept, this provision raises questions
concerning the responsibilities of agency heads to protect classified
information originated by their agencies. In addition, we strongly suggest the
addition of language to this provision to clarify that the provision is not
intended to require disclosures that could compromise ongoing investigations
and prosecutions.
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