```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3774 Introduced in Senate (IS)]

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.

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

SECTION 1. PROHIBITION ON UNAUTHORIZED DISCLOSURE OF CLASSIFIED 
              INFORMATION.

    (a) In General.--Chapter 37 of title 18, United States Code, is 
amended--
            (1) by redesignating section 798A as section 798B; and
            (2) by inserting after section 798 the following new 
        section 798A:
``Sec. 798A. Unauthorized disclosure of classified information
    ``(a) Prohibition.--Whoever, being an officer or employee of the 
United States, a former or retired officer or employee of the United 
States, any other person with authorized access to classified 
information, or any other person formerly with authorized access to 
classified information, knowingly and willfully discloses, or attempts 
to disclose, any classified information to a person (other than an 
officer or employee of the United States with authorized access to 
classified information) 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.
    ``(b) 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:
            ``(1) Any justice or judge of a court of the United States 
        established pursuant to article III of the Constitution of the 
        United States.
            ``(2) The Senate or House of Representatives, or any 
        committee or subcommittee thereof, or joint committee thereof, 
        or any member of Congress.
            ``(3) A person or persons acting on behalf of a foreign 
        power (including an international organization) if the 
        disclosure--
                    ``(A) is made by an officer or employee of the 
                United States who has been authorized to make the 
                disclosure; and
                    ``(B) is within the scope of such officer's or 
                employee's duties.
            ``(4) Any other person authorized to receive the classified 
        information.
    ``(c) Definitions.--In this section:
            ``(1) 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.
            ``(2) 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.
            ``(3) The term `officer or employee of the United States' 
        means the following:
                    ``(A) An officer or employee (as those terms are 
                defined in sections 2104 and 2105 of title 5).
                    ``(B) An officer or enlisted member of the Armed 
                Forces (as those terms are defined in section 101(b) of 
                title 10).''.
    (b) Clerical Amendment.--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.''.
                                 <all>
```