Congress of the United States Honorable Porter Goss, Chairman
House of Representatives
Committee on the Judiciary
2138 Rayburn House Office Building
Washington, D.C. 20515-6216October 10, 2000
Permanent Select Committee on Intelligence
H-405, The Capitol
Washington, D.C. 20515-6415Honorable Julian Dixon, Ranking Member
Permanent Select Committee on Intelligence
H-405, The Capitol
Washington, D.C. 20515-6415Re: Intelligence Authorization Act and Criminal Penalties for Leaking Classified Information
Dear Chairman Goss and Ranking Member Dixon:
We are writing to express our concern with respect to section 303 of the Senate-passed version of the bill. Section 303 would make virtually all willful, unauthorized disclosure of classified information a felony under Title 18 of the U.S. Code punishable by up to three years in prison. Because this provision is within the jurisdiction of the Judiciary Committee, and the Committee has been given no opportunity to consider the ramifications of this sweeping change in law, we would request that the conference report omit this provision.
The leaking of classified information is a serious matter because such leaks can endanger the national security. Current law already makes illegal the leaking of certain national defense information, and a person with a security clearance can lose their clearance -- and their job -- if they leak classified information. However, whether all leaks should trigger substantial criminal penalties, as would be the case under Section 303, is a question within the jurisdiction of the Judiciary Committee. It has profound First Amendment implications, and goes to the very heart of the ability of the public to remain informed about matters of critical public interest, which often relate to governmental misdeeds. Moreover, since the Executive Branch asserts unilateral authority to define what information should be classified, this extension would grant the Administration a blank check to criminalize any leaking they do not like. We are particularly concerned that there have been no public hearings and no public debate on this measure, which is similar to measures Congress has consistently rejected for the past 50 years.
Thank you for your attention to this very important matter.
Sincerely,
Honorable Henry Hyde
ChairmanHonorable John Conyers
Ranking Membercc: The Speaker
The Majority Leader
The Minority Leader
The Parliamentarian