107TH CONGRESS
1ST SESSION
H. R. 2943
To protect classified information, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 21, 2001
Mr. VITTER introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To protect classified information, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Classified Information
Protection Act of 2001’’.
SEC. 2. PROHIBITION ON UNAUTHORIZED DISCLOSURE OF
CLASSIFIED INFORMATION.
(a) IN GENERAL.—Chapter 37 of title 18, United
States Code, is amended—
(1) by redesignating section 798A as section
798B; and
(2) by inserting after section 798 the following
new section 798A:
‘‘§ 798A. Unauthorized disclosure of classified infor-
mation
‘‘(a) PROHIBITION.—Whoever, being an officer or
employee of the United States, a former or retired officer
or employee of the United States, any other person with
authorized access to classified information, or any other
person formerly with authorized access to classified infor-
mation, knowingly and willfully discloses, or attempts to
disclose, any classified information acquired as a result of
such person’s authorized access to classified information
to a person (other than an officer or employee of the
United States) who is not authorized access to such classi-
fied information, knowing that the person is not author-
ized access to such classified information, shall be fined
under this title, imprisoned not more than 3 years, or
both.
‘‘(b) CONSTRUCTION OF PROHIBITION.—Nothing in
this section shall be construed to establish criminal liabil-
ity for disclosure of classified information in accordance
with applicable law to the following:
‘‘(1) Any justice or judge of a court of the
United States established pursuant to article III of
the Constitution of the United States.
‘‘(2) The Senate or House of Representatives,
or any committee or subcommittee thereof, or joint
committee thereof, or any Member of Congress.
‘‘(3) A person or persons acting on behalf of a
foreign power (including an international organiza-
tion) if the disclosure—
‘‘(A) is made by an officer or employee of
the United States who has been authorized to
make the disclosure; and
‘‘(B) is within the scope of such officer’s or
employee’s duties.
‘‘(4) Any other person authorized to receive the
classified information.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘authorized’, in the case of ac-
cess to classified information, means having author-
ity or permission to have access to the classified in-
formation pursuant to the provisions of a statute,
Executive order, regulation, or directive of the head
of any department or agency who is empowered to
classify information, an order of any United States
court, or a provision of any Resolution of the Senate
or Rule of the House of Representatives which gov-
erns release of classified information by such House
of Congress.
‘‘(2) The term ‘classified information’ means in-
formation or material properly classified and clearly
marked or represented, or that the person knows or
has reason to believe has been properly classified by
appropriate authorities, pursuant to the provisions
of a statute or Executive order, as requiring protec-
tion against unauthorized disclosure for reasons of
national security.
‘‘(3) The term ‘officer or employee of the
United States’ means the following:
‘‘(A) An officer or employee (as those
terms are defined in sections 2104 and 2105 of
title 5).
‘‘(B) An officer or enlisted member of the
Armed Forces (as those terms are defined in
section 101(b) of title 10).’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of that chapter is amended by striking
the item relating to section 798A and inserting the fol-
lowing new items:
‘‘798A. Unauthorized disclosure of classified information.
‘‘798B. Temporary extension of section 794.’’.
Æ