[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3448 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3448

To amend title 18, United States Code, to provide for penalties for the 
   unauthorized disclosure of classified information to a person not 
                authorized to receive such information.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2017

 Mr. Stewart introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to provide for penalties for the 
   unauthorized disclosure of classified information to a person not 
                authorized to receive such information.

    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 ``Classified Information Protection 
Act of 2017''.

SEC. 2. 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 knowingly and willfully discloses, or 
attempts to disclose, any classified information acquired as a result 
of such person's authorized access to classified information to a 
person 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 the 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.''.
    (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.''.
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