II 112th CONGRESS 1st Session S. 315 IN THE SENATE OF THE UNITED STATES February 10, 2011 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.

1.

Short titles

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

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. .