	Introduction

Continued revelations involving alleged disclosures of classified information to the news media or to others who are not entitled to receive it have renewed Congress's interest with regard to the possible need for legislation to provide for criminal punishment for the "leaks" of classified information. Opponents of any such legislation express concern regarding the possible consequences to freedom of the press and other First Amendment values. In its response to Congress, the Department of Justice concluded that existing statutes and regulations are sufficient to prosecute disclosures of information that might harm the national security. This report describes the current state of the law with regard to the unauthorized disclosure of classified information, including criminal and civil penalties that can be imposed on violators, as well as some of the disciplinary actions and administrative procedures available to federal agencies with respect to their employees, as such measures have been addressed by federal courts. The report also describes the background of legislative efforts to amend the laws, including the measure passed in 2000 and President Clinton's stated reasons for vetoing it. Criminal Statutes for the Protection of Classified Information

National defense information is protected by the Espionage Act, 18 U.S.C. The Espionage Act of 1917 has been challenged for vagueness without success.
Recent cases involving alleged disclosures of classified information to the news media or others who are not entitled to receive it have renewed Congress's interest with regard to the possible need for legislation to provide for criminal punishment for the "leaks" of classified information. The Espionage Act of 1917 and other statutes and regulations provide a web of authorities for the protection of various types of sensitive information, but some have expressed concern that gaps in these laws may make prosecution of some disclosures impossible. The 106th Congress passed a measure to criminalize leaks, but President Clinton vetoed it. The 108th Congress reconsidered the same provision, but instead passed a requirement for the relevant agencies to review the need for such a proscription. The Department of Justice in turn reported that existing statutes and regulations are sufficient to prosecute disclosures of information that might harm the national security.
This report provides background with respect to previous legislative efforts to criminalize the unauthorized disclosure of classified information; describes the current state of the laws that potentially apply, including criminal and civil penalties that can be imposed on violators; and some of the disciplinary actions and administrative procedures available to the agencies of federal government that have been addressed by federal courts. Finally, the report considers the possible First Amendment implications of applying the Espionage Act to prosecute newspapers for publishing classified national defense information.