“To amend title 18, United States Code, to increase the mens rea requirements for offenses under the Espionage Act.”
No CRS summary available for this bill.
This section revises the espionage offenses under 18 U.S.C. 793 by (1) replacing the mens rea standard of "intent or reason to believe" with "specific intent" that the information is to be used to injure the United States or advantage a foreign nation in subsections (a), (d), and (e); (2) limiting applicability of subsections (b), (d), and (e) to "covered persons" (i.e., individuals with official access to classified information granted by the U.S. government, who have signed a nondisclosure agreement, and who are authorized to receive such information by the President or a designated agency head); (3) limiting subsection (c) to "foreign agents" (i.e., agents of a foreign power as defined in the Foreign Intelligence Surveillance Act, excluding certain allies); (4) requiring in subsections (b) and (c) that the information or items "has been properly classified"; and (5) adding definitions for "covered person" and "foreign agent." This section further amends 18 U.S.C. 798 (disclosure of classified information) by adding the "specific intent" standard after "knowingly and willfully" in subsection (a) and limiting that subsection to "covered persons" (defined similarly). This section adds 18 U.S.C. 799A, permitting a defendant charged under 793 or 798 to testify about their purpose for the prohibited conduct, and 799B, establishing an affirmative defense if the conduct was for publicly disclosing legal violations, gross mismanagement, waste of funds, abuse of authority, or substantial dangers to public health or safety. (Thus, these changes narrow criminal liability to intentional harm by authorized insiders or foreign agents involving classified information and provide whistleblower protections.)