Protection of National Security Information: The Classified Information Protection Act of 2001 (CRS Report for Congress)
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| Release Date |
Jan. 16, 2002 |
| Report Number |
RL31245 |
| Report Type |
Report |
| Authors |
Jennifer Elsea, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
The purpose of this report is to identify legal issues relevant to legislation introduced in Congress
that
provides for criminal punishment for the unauthorized disclosure of classified information by
government employees and contractors with access to such information. The Classified Information
Protection Act of 2001, H.R. 2943 , would make such an act a felony punishable by a
fine or a prison term no longer than three years, or both.
The language in H.R. 2943 is identical to section 304 of H.R. 4392 ,
106th Congress, the Intelligence Authorization Act for Fiscal Year 2001. H.R. 4392 was
passed by both Houses of Congress but vetoed by President Clinton, who cited section 304 as the
reason for his veto. The Intelligence Authorization Act was then passed as H.R. 5630 ,
P.L. 106-567 , without the language of section 304. The stated purpose of section 304 was to stop
"leaks" by public officials of sensitive national security information to the press, in an effort to prevent
the compromise of intelligence sources and methods and other sensitive information in the open
media.
This report will first describe H.R. 2943 , the stated intent of the Congress in
passing the measure as section 304 of the intelligence authorization bill for 2001, and President
Clinton's stated reasons for vetoing it. The report will then describe the current state of the law with
regard to the unauthorized disclosure of classified information, including criminal penalties that can
be imposed upon violators; it will also discuss civil penalties, as well as some of the disciplinary
actions and administrative procedures available to the agencies of federal government that have been
addressed by federal courts, and will then assess any changes to the law that would result if the
language of H.R. 2943 were enacted. Finally, the report will consider possible
constitutional infirmities that might leave the law vulnerable to judicial intervention under the First
Amendment, the Fifth Amendment, or the constitutional separation of powers between the President
and Congress.
