Protect Brave Whistleblowers Act of 2020

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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protect Brave Whistle- 4 blowers Act of 2020’’. 5 SEC. 2. ESPIONAGE ACT REFORM. 6 (a) GATHERING, TRANSMITTING, OR LOSING DE- 7 FENSE INFORMATION.—Section 793 of title 18, United 8 States Code, is amended— 9 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 2 •HR 8452 IH (1) in subsection (a), by striking ‘‘with intent 1 or reason to believe’’ and inserting ‘‘with specific in- 2 tent’’; 3 (2) in subsection (b)— 4 (A) by striking ‘‘or reason to believe’’; and 5 (B) by inserting ‘‘that has been properly 6 classified that is’’ after ‘‘of anything’’; 7 (3) in subsection (c), by inserting ‘‘that has 8 been properly classified that is’’ after ‘‘of anything’’; 9 (4) in subsection (d), by inserting after ‘‘will- 10 fully’’ each place it appears the following: ‘‘, and 11 with specific intent to injure the United States or 12 advantage any foreign nation,’’; and 13 (5) in subsection (e), by inserting after ‘‘will- 14 fully’’ each place it appears the following: ‘‘, and 15 with specific intent to injure the United States or 16 advantage any foreign nation,’’. 17 (b) DISCLOSURE OF CLASSIFIED INFORMATION.— 18 Section 798(a) of title 18, United States Code, is amended 19 by inserting after ‘‘knowingly and willfully’’ the following: 20 ‘‘, and with specific intent to injure the United States or 21 advantage any foreign nation,’’. 22 (c) AUTHORITY TO DISCLOSE INFORMATION.—Sec- 23 tion 798(c) of title 18, United States Code, is amended 24 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 3 •HR 8452 IH by striking ‘‘furnishing,’’ and all that follows and inserting 1 the following: ‘‘furnishing of information to— 2 ‘‘(1) any Member of the Senate or the House 3 of Representatives; 4 ‘‘(2) a Federal court, in accordance with such 5 procedures as the court may establish; 6 ‘‘(3) the inspector general of an element of the 7 intelligence community (as defined in section 3 of 8 the National Security Act of 1947 (50 U.S.C. 9 3003)), including the Inspector General of the Intel- 10 ligence Community; 11 ‘‘(4) the Chairman or a member of the Privacy 12 and Civil Liberties Oversight Board or any employee 13 of the Board designated by the Board, in accordance 14 with such procedures as the Board may establish; 15 ‘‘(5) the Chairman or a commissioner of the 16 Federal Trade Commission or any employee of the 17 Commission designated by the Commission, in ac- 18 cordance with such procedures as the Commission 19 may establish; 20 ‘‘(6) the Chairman or a commissioner of the 21 Federal Communications Commission or any em- 22 ployee of the Commission designated by the Com- 23 mission, in accordance with such procedures as the 24 Commission may establish; or 25 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 4 •HR 8452 IH ‘‘(7) any other person or entity authorized to 1 receive disclosures containing classified information 2 pursuant to any applicable law, regulation, or execu- 3 tive order regarding the protection of whistle- 4 blowers.’’. 5 (d) TESTIMONY OF PURPOSE.— 6 (1) IN GENERAL.—Chapter 37 of title 18, 7 United States Code, is amended by adding at the 8 end the following: 9 ‘‘§ 799A. Testimony of purpose 10 ‘‘A defendant charged with an offense under section 11 793 or 798 shall be permitted to testify about their pur- 12 pose for engaging in the prohibited conduct. 13 ‘‘§ 799B. Affirmative defense 14 ‘‘It is an affirmative defense to a charge under sec- 15 tion 793 or 798 that the defendant engaged in the prohib- 16 ited conduct for the purpose of disclosing to the public— 17 ‘‘(1) any violation of any law, rule, or regula- 18 tion; or 19 ‘‘(2) gross mismanagement, a gross waste of 20 funds, an abuse of authority, or a substantial and 21 specific danger to public health or safety.’’. 22 (2) CLERICAL AMENDMENT.—The table of sec- 23 tions for chapter 37 is amended by adding at the 24 end the following: 25 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 5 •HR 8452 IH ‘‘799A. Testimony of purpose. ‘‘799B. Affirmative defense.’’. 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