[页：S1561]
主持人。根据先前的命令，参议院现在将继续考虑S. 1668，店员将报告。
The legislative clerk read as follows:
A bill (S. 1668) to encourage the disclosure to Congress of certain classified and related information.
参议院继续考虑该法案。
主持人。There will now be 20 minutes of debate on the bill, equally divided, with no amendments or motions in order.
来自阿拉巴马州的参议员得到认可。
谢尔比先生。Mr. President, I rise today to urge my colleagues to support the passage of S. 1668, the Disclosure to Congress Act of 1998.
This legislation directs the President to inform employees of the intelligence community that they may disclose information, including classified information, to an appropriate oversight committee of Congress when that information is evidence of misconduct, fraud, or gross mismanagement.
The committee is hopeful that this legislation will also encourage employees within the intelligence community to bring such information to an appropriate committee of Congress rather than unlawfully disclosing such information to the media, as happens from time to time.
必须在行政部门内具有敏感或机密信息的个人有一个“安全港”，以供披露，他们知道这些信息将得到适当保护并进行彻底调查。
此外，情报界的员工必须知道，他们可能会在那个“安全港”中寻求庇护，而不必担心报应。
众所周知，《口哨打击器保护法》不涵盖情报界的机构的雇员。
The whistle blower statute also expressly proscribes the disclosure of information that is specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs.
换句话说，当前的吹口哨打击器法规不涵盖机密信息。
因此，如果情报界的员工选择向国会披露此类信息，就不会受到不利人事行动的保护。
In fact, an employee who discloses classified information to Congress without prior approval is specifically subject to sanctions which may include reprimand, termination of a security clearance, suspension without pay, or removal.
Last year, the Senate Select Committee on Intelligence reported the Intelligence Authorization Act for Fiscal Year 1998 which included section 306, a provision with language similar to the bill before you.
Section 306, however, was much broader than the language in this bill because it directed the President to inform all executive branch employees that it would not be contrary to law, regulation, executive order, or public policy to disclose certain information, including classified information, to an appropriate committee or their own Member of Congress.
参议院以98票对1票通过了该法案。
Shortly after the Senate vote, the administration issued a Statement of Administration Policy claiming that section 306 was unconstitutional and that if it remained in the bill, in its present form, senior advisers would recommend that the President veto the bill.
去年，在会议上，众议院情报永久选择委员会成员也对第306条的宪法影响表示关注。
Our House colleagues were also mindful of the administration's veto threat as expressed in the Statement of Administration Policy.
为了应对他们的担忧,参议院an amendment that significantly narrowed the scope of the provision to cover only employees of agencies within the intelligence community, as does this bill.
会议中提供的修正案进一步缩小了该规定，仅允许仅向有关该机构的初级管辖权的委员会披露。
然而,鉴于我们同事的问题our committee agreed to amend the provision to express a sense of the Congress that the Congress and executive branch have equal standing to receive this type of information.
在会议上，两个委员会成员都在第105届国会的第二届会议上举行听证会，目的是完全审查对此类立法的宪法影响并采取适当的立法补救措施。
Our committee fulfilled our obligation by holding hearings on February 4 and 11.
The committee heard from constitutional scholars and legal experts on both sides of the issue.
政府代表认为，第306条和任何类似的语言代表了总统担任首席指挥官兼首席执行官的授权。
政府断言以下内容：
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总统担任首席指挥官，首席执行官和国家的唯一机构在其外部关系中，对情报和其他国家安全信息的收集，保留和传播的最终和不受阻碍的权力。
Therefore, any congressional enactment that may be interpreted to divest the President of his ultimate control over national security information is an unconstitutional usurpation of the exclusive authority of the Executive.
Finally, the Administration argues that the Senate's language vests lower-ranking personnel in the Executive Branch with a `right' to furnish such information to a Member of Congress without prior official authorization from the President or his designee. Section 306 and any similar provision is, therefore, unconstitutional.
The committee also heard from constitutional scholars that argued that the President's authority in this area is not exclusive.
Hence, Congress also has the authority to regulate the collection, retention, and dissemination of national security information.
他们的论点如下：
A claim of exclusive authority must be substantiated by an explicit textual grant of such authority by the Constitution.
There is no express constitutional language regarding the regulation of national security information as it pertains to the President.
Therefore, the President's authority to regulate national security information is an implied authority flowing from his responsibilities as Commander in Chief and Chief Executive.
As the regulation of national security information is implicit in the command authority of the President, if is equally implicit in the broad array of national security authorities vested in the Congress by the Constitution. In fact, Congress has legislated extensively over a long period of time to require the President to provide such information to Congress.
Therefore, Congress may legislate in this area because the Executive and Legislative Branches share constitutional authority to regulate national security information.
This legislation is also constitutional because it does not prevent the President from accomplishing his constitutionally assigned functions and any intrusion upon his authority is justified by an overriding need to promote objectives within the constitutional authority of Congress.
委员会认为，后一种论点具有说服力，并确定政府对此问题的不合理迫使委员会采取行动。
该法案之前是secti的修改版本on 306, but still directs the President to inform employees and contractors of the covered agencies that it is not prohibited by law, executive order, or regulation to disclose to the appropriate committee, information that the employee reasonably believes to provide direct and specific evidence of, one, a violation of any law, rule, or regulation; two, a false statement to Congress on an issue of material fact; three, gross mismanagement, a gross waste of funds, a flagrant abuse of authority, or a substantial and specific danger to public health or safety.
该法案旨在确保成员仅以有关委员会成员的身份收到信息。
委员会完全赞赏保护国家安全信息的必要性，尤其是可能揭示敏感情报来源和方法的信息。
因此，至关重要的是，根据该特定委员会的规则保护了一个适当委员会成员收到的机密信息。
The Intelligence Committee, for example, must follow a very strict procedure before any classified information could be disclosed to the public.
Accordingly, a member is not free to accept classified information as a member of a committee unrestrained by such rules or to withhold knowledge of the information from the committee's leadership.
When individual Members are entrusted with classified information, they may not pick and choose what role they wish to play in an attempt to circumvent their responsibility to safeguard our nation's secrets. We cannot disregard our obligations, under Senate rules, in order to serve our own political interests.
如果参议员不是一个适用委员会的成员，并且由情报界的雇员接触，那么情报委员会希望该成员将雇员引导到适当的委员会，以便雇员享受雇员全面保护这项立法。
The various national security committees enjoy a long history of trust with the executive branch and this bill is intended to prevent a member or members from inadvertently or intentionally spoiling that record.
This bill further directs the President to inform such employees that members of the appropriate committees have a `need to know' and are authorized to receive such information.
This language is consistent with the argument propounded by the administration in a brief that it filed in the Supreme Court in 1989, namely that
。。。the president has uniformly limited access to classified information to persons who have a need to know the particular information, such as a congressional committee having specific jurisdiction over the subject matter.
毫无疑问，适当的委员会需要这种类型的信息来有效地履行其监督责任，而政府似乎同意这些委员会需要“需要知道”。我们唯一的分歧是在将这种信息引起国会注意的手段上。
根据第12,958号行政命令，必须保留在原始机构的控制之下，如果没有适当的授权，则不得将其传播。
因此，行政部门雇员不得未经事先批准就不会向国会披露机密信息。实际上，建议员工将机构提供``国会执行其立法职能的必要条件''的访问。。。。'
换句话说，执行机构将决定哪些国会议员可能需要知道执行其宪法监督职能。
我们认为，国会议员最好决定他们需要知道什么。
If an employee must secure prior authorization before they can bring evidence of wrongdoing to an appropriate committee, we may never get the opportunity to make that assessment.
因此，如果我们要有效履行宪法义务，这项立法至关重要。
我敦促我的同事们像去年一样支持这项法案，并向总统发出明确的信息，即美国国会不会受到首席执行官的异想天开安全。
Mr. President, before I yield the floor, I send to the desk a Congressional Budget Office cost estimate for S. 1668, and I ask unanimous consent that it be printed in theRecord。
There being no objection, the material was ordered to be printed in the记录，as follows:
The bill would require the President to inform certain federal employees and contract employees that they may disclose classified and unclassified information to Congressional oversight committees if they believe the information provides direct and specific evidence of wrongdoing. CBO estimates that the costs of implementing S. 1668 would not be significant because the number of employees covered by the bill would be small and the cost associated with each notice would be minimal. Because the legislation would not affect direct spending or receipts, pay-as-you-go procedures would not apply.
The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act of 1995, and would not affect the budget of state, local, or tribal governments.
The CBO staff contact for this estimate is Dawn Sauter, who can be reached at 226-2840. This estimate was approved by Robert A. Sunshine, Deputy Assistant Director for Budget Analysis.
Mr. KERREY addressed the Chair.
主持人。The Senator from Nebraska is recognized.
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Mr. KERREY. Mr. President, I rise in strong support of S. 1668, a bill to require the President to inform Executive Branch employees it is legal for them to bring information to Congress regarding wrongdoing, even if the information has been classified by an Executive Branch official.
Some of my colleagues may be surprised that the Intelligence Committee, which reported this bill after long discussion and study, finds such legislation necessary. Members are aware that the principle of a government employee's right to directly inform Congress has been in statute for eighty six years, and was reinforced in this decade by the Whistleblower Protection Act. What may be less well known is that the Whistleblower Protection Act specifically exempts the principal agencies of the Intelligence Community from the requirements of that law. In addition, successive administrations have held that where classified information of wrongdoing is concerned, Executive Branch officials will decide what portion of the information will be shared with Congress, and how, when, and with whom in Congress it will be shared. The Administration believes the control of classified information lies solely with the President and his designees. They base this belief on the President's role as Commander in Chief.
In current practice, an employee of the Executive Branch with classified information about wrongdoing has the option of informing his or her superior, or the inspector general of the department or agency. The employee also has the option of making a report to the Attorney General. In my view, this is insufficient. Members, especially those who have served on the Armed Services Committee or the Intelligence Committee, can visualize cases in which the classified information of wrongdoing is so sensitive that an employee will fear to take any of the avenues now available. He or she may fear for their career if they inform their boss or their Inspector General prior to informing Congress. In some rare circumstances they might even fear for their safety. Yet today such employees have no other legal recourse.
政府雇员将信息带给国会的能力应该是我们在此问题上的首次关注。但是，我们也应该关注国会的权利以及国会完成宪法要求的工作的能力。国会也承担着重要的国家安全责任。
国会而不是总统筹集军队并维持海军。国会而非总统召集民兵。国会而不是总统宣战。因此，国会有权获得国家安全信息，实际上，国会安全和外交政策领域的国会委员会已经成功地与此信息合作并存储了很多年。此外，国会为国家安全和外交政策目的授权和适当的资金的年度责任，以及其持续的责任监督这些资金的支出方式，使国会有必要知道这证明其访问其信息的合理性。由于这些原因，政府对他们对机密信息的独家控制的论点响起了。我应该补充说，根据中央情报局局长Tenet的说法，国会比行政部门要保留秘密的工作要好。因此，关于国会不应信任敏感信息的论点是毫无根据的。
Mr. President, I recognize the Administration argument is based on a requirement, as they see it, to defend Presidential prerogatives. In fact, the Clinton Administration has been more open in informing Congress on intelligence matters, including instances of wrongdoing, than any of its predecessors. Some Administration of the future might classify a report to deny Congress the facts, but not this one. So my support for this legislation is not based on concern about a particular Administration. It is based on my concern for the ability of government employees to inform Congress, and on the ability of Congress to play its role in keeping America safe. Given the responsibilities of Congress and its record in keeping classified information secure, there is no reason why whistleblower protection statutes should not also apply to classified information. In voting for this bill, my colleagues are voting for their own right to do their job.
Mr. President, I yield such time as is necessary to the Senator from New Jersey.
主持人。The Senator from New Jersey is recognized.
Mr. TORRICELLI. Mr. President, I thank the Senator from Nebraska for yielding.
Mr. President, there is nothing more fundamental to a democratic government than the oversight of executive responsibility by the Congress. It is, indeed, the essence of an accountability of power that this Congress has access to information and the people who hold it. That exercise of congressional power requires the truthful testimony of personnel in the executive branch of the Government. In no area is this more important than in issues of national security, because, ultimately, it is this Congress that holds the power of war and peace and the responsibility to raise funds for the national defense. But in recent decades, the intelligence agencies of this Government have become the exception in this accountability of power--an exception by statute in the Whistle Blower Protection Act and, perhaps more fundamentally, by the culture of governance in the Government itself.
可悲的是，最好的例子之一是国务院拉丁美洲局的前助手理查德·纳克西奥（Richard Nuccio），他作为众议院议员来到我身边，报告了他认为是非法活动。当时，我曾担任众议院情报委员会的成员。努维奥先生向我赋予的是犯罪行为。根据法规，应将其报告给情报委员会的信息已被省略。在随后的几个月和几年中，美国总统表达了愤怒。中央情报机构进行了调查，并更改了规则。
Nuccio先生与他的情报克丽付出了代价rance, and ultimately with his career. It appeared that no real lesson had been learned at all.
Last year SenatorShelby和参议员Kerreyprovided real protection to executive employees if they come to this Congress with the truth. I have rarely been prouder of two Members of this institution, nor more disappointed in the President of the United States. He threatened to veto the change.
总统先生，我起床是因为我非常感谢参议员Shelby和参议员Kerreyfor their leadership. Indeed, they were joined by all 19 members of the committee. As a result, I believe that the intelligence community not only will not be weakened, but it will be strengthened. The best protection against abuse of their authority or, indeed, violations of the law, is the knowledge that Federal employees will be protected if they come to this Congress to report such activities.
The occurrence of illegal acts will not be concealed by classifying them or by carefully omitting them in a notification requirement of this Congress.
我知道的最好的手段是确保情报界保留了国会和我们的人民的信心。
这项立法是对这次国会的真正贡献。通常，这是对权力责任的真正贡献，在我们的民主制度中非常重要。
Mr. President, I yield the floor.
谢尔比先生。Mr. President, how much time remains on our side?
主持人。来自阿拉巴马州的参议员有3分30秒。
谢尔比先生。How much time remains for the other side?
主持人。The Senator from Nebraska has 1 minute 8 seconds.
谢尔比先生。总统先生，我产生了时间，我了解内布拉斯加州的参议员也这样做。
Mr. KERREY. Mr. President, I ask unanimous consent to yield the remainder of my time.
主持人。没有异议，它是如此有序。
谢尔比先生。Mr. President, I ask for the yeas and nays.
主持人。Is there a sufficient second?
有足够的第二。
The yeas and nays were ordered.
主持人。The question is on the engrossment and third reading of the bill.
该法案被命令全神贯注三读，并第三次阅读。
主持人。该法案第三次阅读，问题是，该法案是否可以通过？在这个问题上，已经订购了耶斯和互惠，店员将召集滚动。
助理立法书记员称该角色。
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尼克斯先生。我宣布来自印第安纳州的参议员（先生外套) is necessarily absent.
Mr. FORD. I announce that the Senator from California (Mrs.拳击手), the Senator from Illinois (Mr.Durbin), the Senator from Ohio (Mr.Glenn），以及俄勒冈州的参议员（先生Wyden) are necessarily absent.
我进一步宣布，佛蒙特州的参议员（先生Leahy) is absent on official business.
主持人。Are there any other Senators in the Chamber who desire to vote?
结果宣布了 - 当时93，Nays 1，如下：
该法案（S. 1668）通过如下：
SECTION 1. ENCOURAGEMENT OF DISCLOSURE OF CERTAIN INFORMATION TO CONGRESS.
（A）Encouragement：
（1）In general：Not later than 30 days after the date of enactment of this Act, the President shall take appropriate actions to inform the employees of the covered agencies, and employees of contractors carrying out activities under classified contracts with covered agencies, that--
(A) except as provided in paragraph (4), the disclosure of information described in paragraph (2) to the individuals referred to in paragraph (3) is not prohibited by law, executive order, or regulation or otherwise contrary to public policy;
（b）第（3）款中提到的个人有必要知道并被授权接收此类信息；和
(C) the individuals referred to in paragraph (3) may receive information so disclosed only in their capacity as members of the committees concerned.
（2）涵盖的信息：第（1）段适用于包括机密信息在内的信息，这些信息合理地认为，这些信息可以提供直接和具体的证据 -
(A) a violation of any law, rule, or regulation;
（b）对国会关于重大事实问题的虚假陈述；或者
（c）严重管理不善，浪费资金，公然滥用权威或对公共卫生或安全的严重危险。
(3)有覆盖的人：可以披露第（2）款中描述的信息的个人是国会委员会的成员，其主要责任是对与此类信息有关的部门，机构或联邦政府的监督。
(4)Scope：Paragraph (1)(A) does not apply to information otherwise described in paragraph (2) if the disclosure of the information is prohibited by Rule 6(e) of the Federal Rules of Criminal Procedure.
（b）Report：在颁布该法案之日之日起60天后，总统应向国会提交有关（a）款所采取的措施的报告。
（C）Construction With Other Reporting Requirements：Nothing in this section may be construed to modify, alter, or otherwise affect any reporting requirement relating to intelligence activities that arises under the National Security Act of 1947 (50 U.S.C. 401 et seq.) or any other provision of law.
(d)定义的覆盖机构：In this section, the term `covered agencies' means the following:
（1）中央情报机构。
（2）The Defense Intelligence Agency.
(3) The National Imagery and Mapping Agency.
(4) The National Security Agency.
（5）联邦调查局。
(6) Any other Executive agency, or element or unit thereof, determined by the President under section 2302(a)(2)(C)(ii) of title 5, United States Code, to have as its principal function the conduct of foreign intelligence or counterintelligence activities.
谢尔比先生。总统先生，我采取行动重新考虑投票。
洛特先生。我移动将该动作放在桌子上。
同意放在桌子上的动议。
多尼尼奇先生向主席致辞。
主持人。来自新墨西哥州的参议员。
多梅尼基先生。是为了让我像早上业务一样进行2分钟？
The PRESIDING OFFICER (Mrs. HUTCHISON). Without objection, it is so ordered.
END