II 

109TH CONGRESS 

2D SESSION S. 3774 

To amend title 18, United States Code, to prohibit the unauthorized disclosure 

of classified information. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2006 

Mr. BOND (for himself, Mr. LOTT, Mr. CHAMBLISS, Mr. STEVENS, Mr. COCHRAN, Mr. BURNS, Mr. HATCH, Mr. SANTORUM, Mr. CORNYN, Mr. 

DOMENICI, Mr. BENNETT, and Mr. ALEXANDER) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to prohibit the 

unauthorized disclosure of classified information. 

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

3 SECTION 1. PROHIBITION ON UNAUTHORIZED DISCLOSURE 

4 OF CLASSIFIED INFORMATION. 

5 (a) IN GENERAL.—Chapter 37 of title 18, United 

6 States Code, is amended— 

7 (1) by redesignating section 798A as section 

8 798B; and 


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•S 3774 IS 

1 (2) by inserting after section 798 the following 

2 new section 798A: 

3 ‘‘§ 798A. Unauthorized disclosure of classified infor4 mation 

5 ‘‘(a) PROHIBITION.—Whoever, being an officer or 

6 employee of the United States, a former or retired officer 

7 or employee of the United States, any other person with 

8 authorized access to classified information, or any other 

9 person formerly with authorized access to classified infor10 mation, knowingly and willfully discloses, or attempts to 

11 disclose, any classified information to a person (other than 

12 an officer or employee of the United States with author13 ized access to classified information) who is not authorized 

14 access to such classified information, knowing that the 

15 person is not authorized access to such classified informa16 tion, shall be fined under this title, imprisoned not more 

17 than 3 years, or both. 

18 ‘‘(b) CONSTRUCTION OF PROHIBITION.—Nothing in 

19 this section shall be construed to establish criminal liabil20 ity for disclosure of classified information in accordance 

21 with applicable law to the following: 

22 ‘‘(1) Any justice or judge of a court of the 

23 United States established pursuant to article III of 

24 the Constitution of the United States. 


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•S 3774 IS 

1 ‘‘(2) The Senate or House of Representatives, 

2 or any committee or subcommittee thereof, or joint 

3 committee thereof, or any member of Congress. 

4 ‘‘(3) A person or persons acting on behalf of a 

5 foreign power (including an international organiza6 tion) if the disclosure— 

7 ‘‘(A) is made by an officer or employee of 

8 the United States who has been authorized to 

9 make the disclosure; and 

10 ‘‘(B) is within the scope of such officer’s or 

11 employee’s duties. 

12 ‘‘(4) Any other person authorized to receive the 

13 classified information. 

14 ‘‘(c) DEFINITIONS.—In this section: 

15 ‘‘(1) The term ‘authorized’, in the case of ac16 cess to classified information, means having author17 ity or permission to have access to the classified in18 formation pursuant to the provisions of a statute, 

19 Executive Order, regulation, or directive of the head 

20 of any department or agency who is empowered to 

21 classify information, an order of any United States 

22 court, or a provision of any Resolution of the Senate 

23 or Rule of the House of Representatives which gov24 erns release of classified information by such House 

25 of Congress. 


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•S 3774 IS 

1 ‘‘(2) The term ‘classified information’ means in2 formation or material properly classified and clearly 

3 marked or represented, or that the person knows or 

4 has reason to believe has been properly classified by 

5 appropriate authorities, pursuant to the provisions 

6 of a statute or Executive Order, as requiring protec7 tion against unauthorized disclosure for reasons of 

8 national security. 

9 ‘‘(3) The term ‘officer or employee of the 

10 United States’ means the following: 

11 ‘‘(A) An officer or employee (as those 

12 terms are defined in sections 2104 and 2105 of 

13 title 5). 

14 ‘‘(B) An officer or enlisted member of the 

15 Armed Forces (as those terms are defined in 

16 section 101(b) of title 10).’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of that chapter is amended by striking 

19 the item relating to section 798A and inserting the fol20 lowing new items: 

‘‘798A. Unauthorized disclosure of classified information. 

‘‘798B. Temporary extension of section 794.’’. 

Æ 


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