President vetoes intelligence bill

President Clinton vetoed a bill Saturday that would have made leaking classified information a felony, saying the criminal provision threatened the public's right to freedom of information.

The Intelligence Authorization Act for fiscal year 2001 (H.R. 4392) contained a provision that made the improper disclosure of government secrets a felony, punishable by fines and up to three years in prison. The provision applied to current and former government officials.

Clinton said the bill could discourage government officials from engaging in appropriate public discussion, press briefings and other activities aimed at helping the public understand complex issues.

"Although well-intentioned, that provision is overbroad and may unnecessarily chill legitimate activities that are at the heart of a democracy," President Clinton said in a statement Saturday.

Clinton said that although protecting sensitive government information from improper disclosure is a priority, it should not come at the expense of democracy. Accomplishing those two goals without sacrificing national security or the public's right to information requires careful balancing, Clinton said.

"Those who disclose classified information inappropriately thus commit a gross breach of the public trust and may recklessly put our national security at risk....What is in dispute is not the gravity of the problem, but the best way to respond to it," Clinton said.

Steven Aftergood, director of the Project on Government Secrecy at the Federation of American Scientists, praised Clinton for vetoing the bill. "It [the bill's criminal provision] would have been a disaster; it would have given the executive branch nearly unchecked authority over what information could be disclosed," said Aftergood.

Rep. Porter J. Goss, R-Fla., criticized the veto. "This legislation, including the offending anti-leak provision, was approved by the administration before final passage....To veto this critical piece of legislation now is disruptive, and may send a dangerous message to those who would harm U.S. interests," he said. Goss is chairman of the House Permanent Select Committee on Intelligence.

The House and Senate approved the bill, drafted by the leaders of the intelligence committees, without holding public hearings.

"This bill was very rushed through without even a pretense of open deliberation. I think that reflects very badly on the intelligence committees," said Aftergood.

Goss said he would have reviewed the bill if he had known that the administration had a problem with the criminal provision. "Had the administration expressed concern about the language, I certainly would have carefully reviewed those considerations before allowing the conference to proceed," he said.

Four news organizations-the Washington Post, the New York Times, CNN and the Newspaper Association of America-asked Clinton in October to veto the bill.

H.R. 4392 also authorizes funding for the CIA, National Security Agency, and other intelligence activities for fiscal year 2001.