I 

116TH CONGRESS 

2D SESSION H. R. 8452 

To amend title 18, United States Code, to clarify certain offenses related 

to espionage, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 30, 2020 

Ms. GABBARD introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to clarify certain 

offenses related to espionage, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protect Brave Whistle5 blowers Act of 2020’’. 

6 SEC. 2. ESPIONAGE ACT REFORM. 

7 (a) GATHERING, TRANSMITTING, OR LOSING DE8 FENSE INFORMATION.—Section 793 of title 18, United 

9 States Code, is amended— 


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1 (1) in subsection (a), by striking ‘‘with intent 

2 or reason to believe’’ and inserting ‘‘with specific in3 tent’’; 

4 (2) in subsection (b)— 

5 (A) by striking ‘‘or reason to believe’’; and 

6 (B) by inserting ‘‘that has been properly 

7 classified that is’’ after ‘‘of anything’’; 

8 (3) in subsection (c), by inserting ‘‘that has 

9 been properly classified that is’’ after ‘‘of anything’’; 

10 (4) in subsection (d), by inserting after ‘‘will11 fully’’ each place it appears the following: ‘‘, and 

12 with specific intent to injure the United States or 

13 advantage any foreign nation,’’; and 

14 (5) in subsection (e), by inserting after ‘‘will15 fully’’ each place it appears the following: ‘‘, and 

16 with specific intent to injure the United States or 

17 advantage any foreign nation,’’. 

18 (b) DISCLOSURE OF CLASSIFIED INFORMATION.— 

19 Section 798(a) of title 18, United States Code, is amended 

20 by inserting after ‘‘knowingly and willfully’’ the following: 

21 ‘‘, and with specific intent to injure the United States or 

22 advantage any foreign nation,’’. 

23 (c) AUTHORITY TO DISCLOSE INFORMATION.—Sec24 tion 798(c) of title 18, United States Code, is amended 


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1 by striking ‘‘furnishing,’’ and all that follows and inserting 

2 the following: ‘‘furnishing of information to— 

3 ‘‘(1) any Member of the Senate or the House 

4 of Representatives; 

5 ‘‘(2) a Federal court, in accordance with such 

6 procedures as the court may establish; 

7 ‘‘(3) the inspector general of an element of the 

8 intelligence community (as defined in section 3 of 

9 the National Security Act of 1947 (50 U.S.C. 

10 3003)), including the Inspector General of the Intel11 ligence Community; 

12 ‘‘(4) the Chairman or a member of the Privacy 

13 and Civil Liberties Oversight Board or any employee 

14 of the Board designated by the Board, in accordance 

15 with such procedures as the Board may establish; 

16 ‘‘(5) the Chairman or a commissioner of the 

17 Federal Trade Commission or any employee of the 

18 Commission designated by the Commission, in ac19 cordance with such procedures as the Commission 

20 may establish; 

21 ‘‘(6) the Chairman or a commissioner of the 

22 Federal Communications Commission or any em23 ployee of the Commission designated by the Com24 mission, in accordance with such procedures as the 

25 Commission may establish; or 


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1 ‘‘(7) any other person or entity authorized to 

2 receive disclosures containing classified information 

3 pursuant to any applicable law, regulation, or execu4 tive order regarding the protection of whistle5 blowers.’’. 

6 (d) TESTIMONY OF PURPOSE.— 

7 (1) IN GENERAL.—Chapter 37 of title 18, 

8 United States Code, is amended by adding at the 

9 end the following: 

10 ‘‘§ 799A. Testimony of purpose 

11 ‘‘A defendant charged with an offense under section 

12 793 or 798 shall be permitted to testify about their pur13 pose for engaging in the prohibited conduct. 

14 ‘‘§ 799B. Affirmative defense 

15 ‘‘It is an affirmative defense to a charge under sec16 tion 793 or 798 that the defendant engaged in the prohib17 ited conduct for the purpose of disclosing to the public— 

18 ‘‘(1) any violation of any law, rule, or regula19 tion; or 

20 ‘‘(2) gross mismanagement, a gross waste of 

21 funds, an abuse of authority, or a substantial and 

22 specific danger to public health or safety.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions for chapter 37 is amended by adding at the 

25 end the following: 


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‘‘799A. Testimony of purpose. 

‘‘799B. Affirmative defense.’’. 

Æ 


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