H. R. 3448
IN THE HOUSE OF REPRESENTATIVES
July 27, 2017
Mr. Stewart introduced the following bill; which was referred to the Committee on the Judiciary
To amend title 18, United States Code, to provide for penalties for the unauthorized disclosure of classified information to a person not authorized to receive such information.
This Act may be cited as the
Classified Information Protection Act of 2017.
Prohibition on unauthorized disclosure of classified information
Chapter 37 of title 18, United States Code, is amended—
by redesignating section 798A as section 798B; and
by inserting after section 798 the following new section 798A:
Unauthorized disclosure of classified information
Whoever 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 who is not authorized access to such classified information, knowing that the person is not authorized access to such classified information, shall be fined under this title, imprisoned not more than 3 years, or both.
Construction of prohibition
Nothing in this section shall be construed to establish criminal liability for disclosure of classified information in accordance with applicable law to the following:
Any justice or judge of a court of the United States established pursuant to article III of the Constitution of the United States.
The Senate or the House of Representatives, or any committee or subcommittee thereof, or joint committee thereof, or any member of Congress.
A person or persons acting on behalf of a foreign power (including an international organization) if the disclosure—
is made by an officer or employee of the United States who has been authorized to make the disclosure; and
is within the scope of such officer’s or employee’s duties.
Any other person authorized to receive the classified information.
In this section:
The term authorized, in the case of access to classified information, means having authority or permission to have access to the classified information 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 governs release of classified information by such House of Congress.
The term classified information means information 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 protection against unauthorized disclosure for reasons of national security.
The table of sections at the beginning of that chapter is amended by striking the item relating to section 798A and inserting the following new items:
798A. Unauthorized disclosure of classified information.
798B. Temporary extension of section 794.