Securing Human Intelligence and Enforcing Lawful Dissemination Act or the SHIELD Act - Amends the federal criminal code to expand the prohibition against disclosure of classified information to include: (1) disclosures of classified information that benefit a transnational threat, and (2) any classified information concerning the human intelligence activities of the United States or any foreign government or concerning the identity of a classified source or informant of an element of the U.S. intelligence community.
Defines "transnational threat" as: (1) any activity, including international terrorism, narcotics trafficking, the proliferation of weapons of mass destruction and the delivery systems for such weapons, or organized crime, that threatens the national security of the United States; or (2) any individual or group that engages such activity.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 315 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 315
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.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLES.
This Act may be cited as the ``Securing Human Intelligence and
Enforcing Lawful Dissemination Act'' or the ``SHIELD Act''.
SEC. 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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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