国会记录:2000年10月3日(参议院)
页面S9684-S9685

情报授权法案第303条拜登先生。总统先生，经《经理人修正案》修正的《情报授权法案》第2507条第303款，对未经授权泄露适当机密信息确立了新的刑事罪行。现有的刑事法规一般要求有有利于外国势力的意图，或者仅限于披露某些类型的机密信息。行政制裁构成了对大多数其他泄密行为的惩罚。虽然我支持这一规定的基本目标，但我们必须确保它不会被以反复无常的方式或损害我们的民主体制的方式使用。我认为有两个方面值得谨慎。首先，它可以应用于平凡的情况。我记得前国防部长卡斯帕·温伯格曾经说过，他把一切都告诉了妻子。如果他和妻子的讨论包括机密信息，他肯定违反了这项法案的规定。但所谓的“枕边谈话”是很常见的，我不认为我们是要把人关进监狱，因为他们无意与一个既没有使用机密信息的意图，也没有将其传递给他人或公布的意图。 Mr. SHELBY. The Senator from Delaware is correct. The Committee expects that the Justice Department will use its prosecutorial discretion wisely. In some cases, administrative remedies are clearly more appropriate. In each case however--as under all criminal laws-- prosecutors will need to judge whether criminal charges are warranted. Mr. BIDEN. My second concern is that section 303 not be used as a justification for investigations of journalists. Our republic depends upon a free press to inform the American people of significant issues, including issues relating to foreign policy and the national security. If a leak statute were to become a back door for bringing the investigate apparatus of the federal government to bear on the press, we would be sacrificing our democratic institutions for the sake of protecting a few secrets. Much as we are dedicated to the protection of classified information, that would be a terribly bad bargain. Mr. SHELBY. I agree with the Senator from Delaware 100 percent, and I can assure this body that in passing section 303, no member of the Select Committee on Intelligence intended that it be used as an excuse for investigating the press. That is why the scope of this provision is limited to persons who disclose, or attempt to disclose, classified information acquired [[Page S9685]] as a result of authorized access to such information. Such persons have a duty to protect classified information has no right to disclose that particular information to persons not authorized to receive it, persons, even if he or she should later become a journalist. By the same token, however, the statute is not intended to lead to investigation or prosecution of journalists who previously had authorized access to classified information and later, in their capacity as journalist, receive leaked information. ____________________