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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protect Brave Whistle-
blowers Act of 2020’’. 
SEC. 2. ESPIONAGE ACT REFORM. 
(a) GATHERING, TRANSMITTING, OR LOSING DE-
FENSE INFORMATION.—Section 793 of title 18, United 
States Code, is amended— 
VerDate Sep 11 2014 
20:38 Oct 24, 2020
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8452.IH
H8452
pbinns on DSKJLVW7X2PROD with BILLS
(1) in subsection (a), by striking ‘‘with intent 
or reason to believe’’ and inserting ‘‘with specific in-
tent’’; 
(2) in subsection (b)— 
(A) by striking ‘‘or reason to believe’’; and 
(B) by inserting ‘‘that has been properly 
classified that is’’ after ‘‘of anything’’; 
(3) in subsection (c), by inserting ‘‘that has 
been properly classified that is’’ after ‘‘of anything’’; 
(4) in subsection (d), by inserting after ‘‘will-
fully’’ each place it appears the following: ‘‘, and 
with specific intent to injure the United States or 
advantage any foreign nation,’’; and 
(5) in subsection (e), by inserting after ‘‘will-
fully’’ each place it appears the following: ‘‘, and 
with specific intent to injure the United States or 
advantage any foreign nation,’’. 
(b) DISCLOSURE OF CLASSIFIED INFORMATION.— 
Section 798(a) of title 18, United States Code, is amended 
by inserting after ‘‘knowingly and willfully’’ the following: 
‘‘, and with specific intent to injure the United States or 
advantage any foreign nation,’’. 
(c) AUTHORITY TO DISCLOSE INFORMATION.—Sec-
tion 798(c) of title 18, United States Code, is amended 
VerDate Sep 11 2014 
20:38 Oct 24, 2020
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8452.IH
H8452
pbinns on DSKJLVW7X2PROD with BILLS
by striking ‘‘furnishing,’’ and all that follows and inserting 
the following: ‘‘furnishing of information to— 
‘‘(1) any Member of the Senate or the House 
of Representatives; 
‘‘(2) a Federal court, in accordance with such 
procedures as the court may establish; 
‘‘(3) the inspector general of an element of the 
intelligence community (as defined in section 3 of 
the National Security Act of 1947 (50 U.S.C. 
3003)), including the Inspector General of the Intel-
ligence Community; 
‘‘(4) the Chairman or a member of the Privacy 
and Civil Liberties Oversight Board or any employee 
of the Board designated by the Board, in accordance 
with such procedures as the Board may establish; 
‘‘(5) the Chairman or a commissioner of the 
Federal Trade Commission or any employee of the 
Commission designated by the Commission, in ac-
cordance with such procedures as the Commission 
may establish; 
‘‘(6) the Chairman or a commissioner of the 
Federal Communications Commission or any em-
ployee of the Commission designated by the Com-
mission, in accordance with such procedures as the 
Commission may establish; or 
VerDate Sep 11 2014 
20:38 Oct 24, 2020
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8452.IH
H8452
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(7) any other person or entity authorized to 
receive disclosures containing classified information 
pursuant to any applicable law, regulation, or execu-
tive order regarding the protection of whistle-
blowers.’’. 
(d) TESTIMONY OF PURPOSE.— 
(1) IN
GENERAL.—Chapter 37 of title 18, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 799A. Testimony of purpose 
‘‘A defendant charged with an offense under section 
793 or 798 shall be permitted to testify about their pur-
pose for engaging in the prohibited conduct. 
‘‘§ 799B. Affirmative defense 
‘‘It is an affirmative defense to a charge under sec-
tion 793 or 798 that the defendant engaged in the prohib-
ited conduct for the purpose of disclosing to the public— 
‘‘(1) any violation of any law, rule, or regula-
tion; or 
‘‘(2) gross mismanagement, a gross waste of 
funds, an abuse of authority, or a substantial and 
specific danger to public health or safety.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 37 is amended by adding at the 
end the following: 
VerDate Sep 11 2014 
20:38 Oct 24, 2020
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8452.IH
H8452
pbinns on DSKJLVW7X2PROD with BILLS
‘‘799A. Testimony of purpose. 
‘‘799B. Affirmative defense.’’. 
Æ 
VerDate Sep 11 2014 
20:38 Oct 24, 2020
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H8452.IH
H8452
pbinns on DSKJLVW7X2PROD with BILLS