LEAKS

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06230310
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: December 28, 2022
• Document Release Date: June 26, 2018
• Case Number: F-2008-01274
• Publication Date: October 10, 2000

Approved for Release: 2018/05/16 C06230310
UNCLAS
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Approved for Release: 2018/05/16 C06230310
Approved for Release: 2018/05/16 C06230310
Section 3034 creates a new felony offense for a current
or former United States official or employee, or any other
person with authorized access to classified information, to
knowingly and willfully disclose any classified information
to a person not authorized to receive it, when the person
providing the classified information knows that the person
receiving the information is not authorized to receive it.
This new statute applies only to the unauthorized
disclosure of information or material that is "properly
classified" and�elea-ly�maTkelq�a--s-ueh, or that the person
disclosing the information knows or has reason to believe
has been properly classified by appropriate authorities,
pursuant to the provisions of a statute or an Executive
Order.
The managers note that the current Executive Order
governing classified national security information (E.O.
12958) requires that, in order to classify information, the
original classifying authority must determine that
unauthorized disclosure of the information reasonably could
be expected to result in damage to the national security and
must be able to identify or describe the damage. The
managers further note that the current Executive Order
specifically prohibits the classification of information in
order to conceal violations of law, inefficiency, or
administrative error or to prevent embarrassment to the
government.
Approved for Release: 2018/05/16 C06230310
Approved for Release: 2018/05/16 C06230310
It is the intent of the managers that the government
may meet its burden of proof under this statute by proving
that the information was is classified under the applicable
statute or Executive Order. The government should not be
required to prove that damage to the national security
actually has or will result from the unauthorized
disclosure. Subsection (c)(2) is not intended by the
managers to create a defense based on a technical error in
the classification markings, or the lack thereof, or to
create a right of the defendant to dispute the propriety of
the President's classification decision. The managers
believe that requiring the government to prove that the
classified information is or has been properly classified
under an applicable statute or Executive Order strikes the
appropriate balance between protecting only that information
that would damage the national security if disclosed and not
creating a burden of proof that is so great that the
government could never meet its burden without having to
disclose unnecessarily additional classified information.
Approved for Release: 2018/05/16 C06230310