Whistleblower Measure Returns

The Senate Monday approved a measure that would allow employees of the Central Intelligence Agency and other intelligence agencies to share classified information with Congress without fear of retribution.

By a vote of 93-1, the Senate passed S. 1668, which would instruct the President to inform intelligence agency employees that passing on classified information to Congress "is not prohibited by law, executive order, or regulation or otherwise contrary to public policy." The bill specifies that whistleblowers can reveal classified information showing a violation of law, a false statement to Congress, or mismanagement, fraud or abuse.

The bill is a scaled-down version of a similar measure passed by the Senate last year. The 1997 measure would have applied to all executive branch employees. Under threat of a presidential veto, Congress removed the provision. The Clinton Administration held that the measure was unconstitutional because it allowed low-ranking employees to go around official agency channels to report wrongdoing.

In 1995, State Department employee Richard Nuccio revealed information to a member of the House Intelligence Committee about an alleged CIA cover-up. Then-Rep. Robert Torricelli, D-N.J., made the information public. Nuccio's security clearance was revoked, and Torricelli was criticized for releasing sensitive information to the public.

Sen. Bob Kerrey, D-Neb., said Congress has a right to classified information.

"Congress does a better job keeping the secrets entrusted to it than does the executive branch. So an argument that Congress should not be trusted with sensitive information is baseless," Kerrey said.

The bill will now be reviewed by the House.