CIA SUPPORTS THE "LEAKS" PROVISION (SECTION 304 OF THE INTELLIGENCE AUTHORIZATION ACT FOR FY 2001)

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06230290
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 1
• Document Creation Date: December 28, 2022
• Document Release Date: June 26, 2018
• Case Number: F-2008-01274

Approved for Release: 2018/05/16 C06230290
� CIA supports the "Leaks" provision (Section 304 of the
Intelligence Authorization Act for FY 2001)
� The Administration sponsored and supports the "Leaks"
provision. The White House (John Podesta), National
Security Council, and the Attorney General all
coordinated, reviewed and edited the provision prior to
its inclusion in the bill (Note: CIA provided drafting
services on this provision at HPSCI's request)
� DoJ (Office of Legal Counsel) reviewed and edited for
First Amendment issues prior to its inclusion
� The provision specifically requires "knowing and willful"
disclosures of classified information by a USG official
or one otherwise authorized to have access to classified
information to a person one knows is not authorized to
receive it
� provision is narrowly tailored to fill a gap in existing
law
� the disclosed material must be properly classified -
there is no shield for embarrassment, violation of law or
to prevent release of information that does not require
protection in the interest of national security .
� Contrary to recent media reports, the provision is NOT
intended to target the media
� Contrary to recent media reports, the provision does not
chill "whistleblowers" - it does not apply to disclosures
to Congress
� Executive Order 12958 provides a mechanism to challenge
the classification of material
� The majority of leaks do not originate with CIA
Approved for Release: 2018/05/16 C06230290