[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 4004 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 4004

   To amend section 798 of title 18, United States Code, to provide 
 penalties for disclosure of classified information related to certain 
  intelligence activities of the United States and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 2, 2010

Mr. Ensign (for himself, Mr. Lieberman, and Mr. Brown of Massachusetts) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend section 798 of title 18, United States Code, to provide 
 penalties for disclosure of classified information related to certain 
  intelligence activities of the United States 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 TITLES.

    This Act may be cited as the ``Securing Human Intelligence and 
Enforcing Lawful Dissemination Act'' or the ``SHIELD Act''.

SEC. 2. PENALTIES FOR DISCLOSURE OF CLASSIFIED INFORMATION RELATED TO 
              INTELLIGENCE ACTIVITIES.

    (a) In General.--Subsection (a) section 798 of title 18, United 
States Code, is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``or transnational threat'' after ``foreign government'';
            (2) in paragraph (3), by striking ``or'' at the end;
            (3) by redesignating paragraph (4) as paragraph (6); and
            (4) by inserting after paragraph (3) the following:
            ``(4) concerning the human intelligence activities of the 
        United States or any foreign government;
            ``(5) concerning the identity of a classified source or 
        informant of an element of the intelligence community of the 
        United States; or''.
    (b) Definitions.--Subsection (b) section 798 of title 18, United 
States Code, is amended to read as follows:
    ``(b) Definitions.--In subsection (a):
            ``(1) Cipher, code, cryptographic system.--The terms 
        `cipher', `code', and `cryptographic system' include in their 
        meanings, in addition to their usual meanings, any method of 
        secret writing and any mechanical or electrical device or 
        method used for the purpose of disguising or concealing the 
        contents, significance, or meanings of communications.
            ``(2) Classified information.--The term `classified 
        information' means information which, at the time of a 
        violation of this section, is, for reasons of national 
        security, specifically designated by a United States Government 
        Agency for limited or restricted dissemination or distribution.
            ``(3) Communication intelligence.--The term `communication 
        intelligence' means all procedures and methods used in the 
        interception of communications and the obtaining of information 
        from such communications by other than the intended recipients.
            ``(4) Foreign government.--The term `foreign government' 
        includes in its meaning any person or persons acting or 
        purporting to act for or on behalf of any faction, party, 
        department, agency, bureau, or military force of or within a 
        foreign country, or for or on behalf of any government or any 
        person or persons purporting to act as a government within a 
        foreign country, whether or not such government is recognized 
        by the United States.
            ``(5) Human intelligence.--The term `human intelligence' 
        means all procedures and methods employed in the collection of 
        intelligence through human sources.
            ``(6) Informant.--The term `informant' has the meaning 
        given that term in section 606 of the National Security Act of 
        1947 (50 U.S.C. 426).
            ``(7) Transnational threat.--The term `transnational 
        threat' means--
                    ``(A) any transnational activity (including 
                international terrorism, narcotics trafficking, the 
                proliferation of weapons of mass destruction and the 
                delivery systems for such weapons, and organized crime) 
                that threatens the national security of the United 
                States; or
                    ``(B) any individual or group that engages in an 
                activity referred to in subparagraph (A).
            ``(8) Unauthorized person.--The term `unauthorized person' 
        means any person who, or agency which, is not authorized to 
        receive information of the categories set forth in subsection 
        (a), by the President, or by the head of a department or agency 
        of the United States Government which is expressly designated 
        by the President to engage in communication intelligence or 
        human intelligence activities for the United States.''.
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