,,ii  #aafth ,,congress  #b;d ,session  
,s4 #cdjb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,march #e1     
#bjbj,mr4 ,wyden introduced the         
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to amend chapter
 #cg of title #ah1 ,united ,states      
,code1 to authorize appropriate         
disclosure of classified information1 to
 appropriately limit the scope of the   
offense of disclosing classified        
information1 and for other purposes4    
#a4 ,short title ,this ,act may be cited
 as the ,espionage ,act ,reform ,act of 
#bjbj4  #b4 ,disclosure of classified   
information related to signals          
intelligence  7a7 ,authority ,to        
disclose information ,section #gih7;c7  
of title #ah1 ,united ,states ,code1 is 
amended by striking furnishing1 and all 
that follows and inserting the          
following3 8furnishing of information   
to--  7#a7 any ,member of the ,senate or
 the ,house of ,representatives2  7#b7 a

 ,federal court1 in accordance with such
 procedures as the court may establish2 
7#c7 the inspector general of an element
 of the intelligence community 7as      
defined in section #c of the ,national  
,security ,act of #aidg 7#ej ,u4,s4,c4  
#cjjc771 including the ,inspector       
,general of the ,intelligence           
,community2  7#d7 the ,chairman or a    
member of the ,privacy and ,civil       
,liberties ,oversight ,board or any     
employee of the ,board designated by the
 ,board1 in accordance with such        
procedures as the ,board may establish2 
7#e7 the ,chairman or a commissioner of 
the ,federal ,trade ,commission or any  
employee of the ,commission designated  
by the ,commission1 in accordance with  
such procedures as the ,commission may  
establish2  7#f7 the ,chairman or a     
commissioner of the ,federal            
,communications ,commission or any      
employee of the ,commission designated  
by the ,commission1 in accordance with  
such procedures as the ,commission may  

establish2 or  7#g7 any other person or 
entity authorized to receive disclosures
 containing classified information      
pursuant to any applicable law1         
regulation1 or executive order regarding
 the protection of whistleblowers4  4   
7b7 ,authorized persons ,section        
#gih7;b7 of title #ah1 ,united ,states  
,code1 is amended-- 7#a7 in the matter  
preceding the first undesignated        
paragraph1 by striking this section--   
and inserting this section3  7#b7 by    
striking ,the term classified           
information means information which1 at 
the time of a violation of this section1
 is1 and inserting the following3  7#a7 
,the term classified information-- 7,a7 
means information which1 at the time of 
a violation of this section1 is known to
 the person violating this section to   
be1  2  7#c7 in paragraph 7#a71 as so   
designated-- 7,a7 by inserting and after
 distribution22 and  7,b7 by adding at  
the end the following3  7,b7 does not   
include any information that is         

specifically designated as ,unclassified
 under any ,executive ,order1 ,act of   
,congress1 or action by a committee of  
,congress in accordance with the rules  
of its ,house of ,congress4  2  7#d7 by 
striking ,the terms code1cipher1 and    
cryptographic system include and        
inserting the following3  7#b7 ,the     
terms code1 cipher1 and cryptographic   
system include  2  7#e7 in paragraph    
7#b71 as so designated1 by striking     
communications2 and inserting           
communications42  7#f7 by striking ,the 
term #8foreign and inserting the        
following3  7#e7 ,the term #8foreign  2 
7#g7 in paragraph 7#e71 as so           
designated1 by striking ,united ,states2
 and inserting ,united ,states42  7#h7  
by striking ,the term #8communication   
and inserting the following3  7#c7 ,the 
term #8communication  2  7#i7 in        
paragraph 7#c71 as so designated1 by    
striking recipients2 and inserting      
recipients42  7#aj7 by transferring     
paragraph 7#c71 as so designated1 to    

appear after paragraph 7#b71 as so      
designated2 and  7#aa7 by striking ,the 
term #8unauthorized and all that follows
 through for the ,united ,states4 and   
inserting the following3  7#f7 ,the term
 unauthorized person means any person   
who1 or agency which1 is not authorized 
to receive information of the categories
 set forth in subsection 7a7 of this    
section by-- 7,a7 the ,president2  7,b7 
the head of a department or agency of   
the ,united ,states ,government which is
 expressly designated by the ,president 
to engage in communication intelligence 
activities for the ,united ,states2 or  
7,c7 an ,act of ,congress4  4  7c7      
,scope of prohibition ,section #gih of  
title #ah1 ,united ,states ,code1 is    
amended-- 7#a7 in subsection 7a71 in the
 matter preceding paragraph 7#a7-- 7,a7 
by striking ,whoever and inserting ,any 
individual who2 and  7,b7 by inserting  
obtained by the individual while the    
individual was a covered person and     
acting within the scope of his or her   

activities as a covered person after any
 classified information2 and  7#b7 in   
subsection 7b71 by inserting after      
paragraph 7#c71 as so designated and    
transferred by subsection 7b7 of this   
section1 the following3  7#d7 ,the term 
covered person means an individual who--
 7,a7 receives official access to       
classified information granted by the   
,united ,states ,government2  7,b7 signs
 a nondisclosure agreement with regard  
to such classified information2 and     
7,c7 is authorized to receive           
information of the categories set forth 
in subsection 7a7 of this section-- 7i7 
by the ,president2 or  7ii7 the head of 
a department or agency of the ,united   
,states ,government which is expressly  
designated by the ,president to engage  
in communication intelligence activities
 for the ,united ,states4  4  7d7       
,limitation on scope ,section #gih of   
title #ah1 ,united ,states ,code1 is    
amended-- 7#a7 by redesignating         
subsection 7d7 as subsection 7e72 and   

7#b7 by inserting after subsection 7c7  
the following3  7d7 7#a7 ,in this       
subsection1 the term foreign agent--    
7,a7 has the meaning given the term     
agent of a foreign power under section  
#aja of the ,foreign ,intelligence      
,surveillance ,act of #aigh 7#ej        
,u4,s4,c4 #ahja72 and  7,b7 does not    
include a person who is an agent of a   
foreign power 7as so defined7 with      
respect to a foreign power described in 
section #aja7;a77#e7 of the ,foreign    
,intelligence ,surveillance ,act of     
#aigh 7#ej ,u4,s4,c4 #ahja7;a77#e774    
7#b7 ,a foreign agent who-- 7,a7 aids1  
abets1 counsels1 commands1 induces1 or  
procures the commission of an offense   
under this section shall be subject to  
prosecution under this section by virtue
 of section #b of this title2  7,b7     
knowing that an offense under this      
section has been committed by another   
person1 receives1 relieves1 comforts1 or
 assists such other person in order to  
hinder or prevent the apprehension1     

trial1 or punishment of such other      
person shall be subject to prosecution  
under section #c of this title2  7,c7   
having knowledge of the actual          
commission of an offense under this     
section1 conceals and does not as soon  
as possible make known the same to some 
judge or other person in civil or       
military authority under the ,united    
,states shall be subject to prosecution 
under section #d of this title2 or  7,d7
 conspires to commit an offense under   
this section shall be subject to        
prosecution under section #cga of this  
title4  7#c7 ,any person who is not a   
foreign agent shall not be subject to   
prosecution under this section by virtue
 of section #b of this title or under   
section #c1 #d1 or #cga of this title1  
unless the person-- 7,a7 commits a      
felony under ,federal law in the course 
of committing an offense under this     
section 7by virtue of section #b of this
 title7 or under section #c1 #d1 or #cga
 of this title2  7,b7 was a covered     

person at the time of the offense2 or   
7,c7 subject to paragraph 7#d71 directly
 and materially aids1 or procures in    
exchange for anything of monetary value1
 the commission of an offense under this
 section with the specific intent to--  
7i7 harm the national security of the   
,united ,states2 or  7ii7 benefit any   
foreign government to the detriment of  
the ,united ,states4  7#d7 ,paragraph   
7#c77;,c7 shall not apply to direct and 
material aid that consists of-- 7,a7    
counseling1 education1 or other speech  
activity2 or  7,b7 providing an         
electronic communication service to the 
public or a remote computing service 7as
 such terms are defined in section #beaj
 and #bgaa1 respectively74  4  #c4      
,gathering1 transmitting1 or losing     
defense information  7a7 ,definitions   
,section #gic of title #ah1 ,united     
,states ,code1 is amended by adding at  
the end the following3  7i7 ,in this    
section-- 7#a7 the term covered person  
means an individual who-- 7,a7 receives 

official access to classified           
information granted by the ,united      
,states ,government2  7,b7 signs a      
nondisclosure agreement with regard to  
such classified information2 and  7,c7  
is authorized to receive documents1     
writings1 code books1 signal books1     
sketches1 photographs1 photographic     
negatives1 blueprints1 plans1 maps1     
models1 instruments1 appliances1 or     
notes of anything connected with the    
national defense by-- 7i7 the           
,president2 or  7ii7 the head of a      
department or agency of the ,united     
,states ,government which is expressly  
designated by the ,president to engage  
in activities relating to the national  
defense2 and  7#b7 the term foreign     
agent-- 7,a7 has the meaning given the  
term agent of a foreign power under     
section #aja of the ,foreign            
,intelligence ,surveillance ,act of     
#aigh 7#ej ,u4,s4,c4 #ahja72 and  7,b7  
does not include a person who is an     
agent of a foreign power 7as so defined7

 with respect to a foreign power        
described in section #aja7;a77#e7 of the
 ,foreign ,intelligence ,surveillance   
,act of #aigh 7#ej ,u4,s4,c4            
#ahja7;a77#e774  4  7b7 ,obtaining or   
receiving defense information ,section  
#gic7;c7 of title #ah1 ,united ,states  
,code1 is amended-- 7#a7 by striking    
,whoever and inserting ,a foreign agent 
who2  7#b7 by inserting and with like   
intent or reason to believe1 after      
aforesaid12 and  7#c7 by striking he and
 inserting the foreign agent4  7c7      
,transmission of lawfully possessed     
defense information to unauthorized     
persons ,section #gic7;d7 of title #ah1 
,united ,states ,code1 is amended by    
striking or note relating to the        
national defense1 or information        
relating to the national defense which  
information and inserting note1 or      
information relating to the national    
defense1 which document1 writing1 code  
book1 signal book1 sketch1 photograph1  
photographic negative1 blueprint1 plan1 

map1 model1 instrument1 appliance1 note1
 or information4  7d7 ,transmission of  
unlawfully possessed defense information
 to unauthorized persons ,section       
#gic7;e7 of title #ah1 ,united ,states  
,code1 is amended to read as follows3   
7e7 ,an individual who-- 7#a7 while a   
covered person1 gains unauthorized      
possession of1 access to1 or control    
over any nonpublic document1 writing1   
code book1 signal book1 sketch1         
photograph1 photographic negative1      
blueprint1 plan1 map1 model1 instrument1
 appliance1 or note of anything         
connected with the national defense2 and
  7#b7 7,a7 with reason to believe such 
information could be used to the injury 
of the ,united ,states or to the        
advantage of any foreign nation1        
willfully communicates1 delivers1       
transmits1 or causes to be communicated1
 delivered1 or transmitted1 or attempts 
to communicate1 deliver1 transmit1 or   
cause to be communicated1 delivered1 or 
transmitted1 the same to any person not 

entitled to receive it2 or  7,b7        
willfully-- 7i7 retains the same at an  
unauthorized location2 and  7ii7 fails  
to deliver the same to the officer or   
employee of the ,united ,states entitled
 to receive it2 or  4  7e7 ,obtaining   
information from places connected with  
the national defense ,section #gic7;a7  
of title #ah1 ,united ,states ,code1 is 
amended by striking otherwise obtains   
information concerning and inserting    
otherwise unlawfully obtains nonpublic  
information concerning4  7f7 ,copying   
and taking defense information ,section 
#gic7;b7 of title #ah1 ,united ,states  
,code1 is amended-- 7#a7 by striking    
,whoever1 and inserting ,an individual  
who1 while a covered person12 and  7#b7 
by inserting nonpublic before sketch14  
7g7 ,limitation on scope ,section #gic  
of title #ah1 ,united ,states ,code1 is 
amended by striking subsection 7g7 and  
inserting the following3  7g7 7#a7 ,a   
foreign agent who-- 7,a7 aids1 abets1   
counsels1 commands1 induces1 or procures

 the commission of an offense under this
 section shall be subject to prosecution
 under this section by virtue of section
 #b of this title2  7,b7 knowing that an
 offense under this section has been    
committed by another person1 receives1  
relieves1 comforts1 or assists such     
other person in order to hinder or      
prevent the apprehension1 trial1 or     
punishment of such other person shall be
 subject to prosecution under section #c
 of this title2  7,c7 having knowledge  
of the actual commission of an offense  
under this section1 conceals and does   
not as soon as possible make known the  
same to some judge or other person in   
civil or military authority under the   
,united ,states shall be subject to     
prosecution under section #d of this    
title2 or  7,d7 conspires to commit an  
offense under this section shall be     
subject to prosecution under section    
#cga of this title4  7#b7 ,any person   
who is not a foreign agent shall not be 
subject to prosecution under this       

section by virtue of section #b of this 
title or under section #c1 #d1 or #cga  
of this title1 unless the person-- 7,a7 
commits a felony under ,federal law in  
the course of committing an offense     
under this section 7by virtue of section
 #b of this title7 or under section #c1 
#d1 or #cga of this title2  7,b7 was a  
covered person at the time of the       
offense2 or  7,c7 subject to paragraph  
7#c71 directly and materially aids1 or  
procures in exchange for anything of    
monetary value1 the commission of an    
offense under this section with the     
specific intent to-- 7i7 harm the       
national security of the ,united        
,states2 or  7ii7 benefit any foreign   
government to the detriment of the      
,united ,states4  7#c7 ,paragraph       
7#b77;,c7 shall not apply to direct and 
material aid that consists of-- 7,a7    
counseling1 education1 or other speech  
activity2 or  7,b7 providing an         
electronic communication service to the 
public or a remote computing service 7as

 such terms are defined in section #beaj
 and #bgaa1 respectively74  4  #d4      
,public money1 property1 or records     
,section #fda of title #ah1 ,united     
,states ,code1 is amended in the first  
undesignated paragraph by inserting     
tangible before thing of value4  #e4    
,rule of construction ,nothing in       
section #gic or #gih of title #ah1      
,united ,states ,code1 shall be         
construed to supersede or limit the     
protections under the speech or debate  
clause of the ,constitution of the      
,united ,states4