Title: Protect Brave Whistleblowers Act of 2020
Policy area: Crime and Law Enforcement

Summary:
Protect Brave Whistleblowers Act of 2020
This bill expands protections for whistle-blowers, including by modifying the elements for certain criminal offenses involving espionage, expanding the entities and individuals who may receive disclosures containing classified information, and providing an affirmative defense for certain conduct.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8452 Introduced in House (IH)]

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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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Brave Whistleblowers Act of 
2020''.

SEC. 2. ESPIONAGE ACT REFORM.

    (a) Gathering, Transmitting, or Losing Defense Information.--
Section 793 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``with intent or reason 
        to believe'' and inserting ``with specific intent'';
            (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 ``willfully'' 
        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 ``willfully'' 
        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.--Section 798(c) of title 18, 
United States Code, is amended 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 Intelligence 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 accordance with such procedures as the 
        Commission may establish;
            ``(6) the Chairman or a commissioner of the Federal 
        Communications Commission or any employee of the Commission 
        designated by the Commission, in accordance with such 
        procedures as the Commission may establish; or
            ``(7) any other person or entity authorized to receive 
        disclosures containing classified information pursuant to any 
        applicable law, regulation, or executive order regarding the 
        protection of whistleblowers.''.
    (d) Testimony of Purpose.--
            (1) In general.--Chapter 37 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 799A. Testimony of purpose
    ``A defendant charged with an offense under section 793 or 798 
shall be permitted to testify about their purpose for engaging in the 
prohibited conduct.
``Sec. 799B. Affirmative defense
    ``It is an affirmative defense to a charge under section 793 or 798 
that the defendant engaged in the prohibited conduct for the purpose of 
disclosing to the public--
            ``(1) any violation of any law, rule, or regulation; 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 sections for chapter 
        37 is amended by adding at the end the following:

``799A. Testimony of purpose.
``799B. Affirmative defense.''.
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