S.Amdt. 866Senate110th Congress (2007-2009)3rd degree

To protect classified information.

What it does: Adds SEC. ___. UNLAWFUL DISCLOSURE OF CLASSIFIED REPORTS BY ENTRUSTED PERSONS at the end of S.Amdt. 849
Sponsored by Jon KylSen. Jon Kyl (R-AZ)
Submitted April 16, 2007

What it changes

1 change to S.Amdt. 849 · shown in S.Amdt. 849's text

Adds a section
  1. Adds SEC. ___. UNLAWFUL DISCLOSURE OF CLASSIFIED REPORTS BY ENTRUSTED PERSONS at the end of S.Amdt. 849

    Adds a section

    In S.Amdt. 849 as proposed

    (c) Severability.--If any provision of this section or any amendment made by this section, or the application of any such provision or amendment to any person or circumstance, is held to be invalid for any reason, the remainder of the provisions of this section and the amendments made by this section, and the application of such provisions and amendments to any other person or circumstance shall not be affected by such holding.

    Inserted: SEC. ___. UNLAWFUL DISCLOSURE OF CLASSIFIED REPORTS BY ENTRUSTED PERSONS.

    Inserted: (a) In General.--It shall be unlawful for any person who is an employee or member of the Senate or House of Representatives, or who is entrusted with or has lawful possession of, access to, or control over any classified information contained in a report submitted to Congress under this Act, the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 192), the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3638), or an amendment made by any such Act to--

    Inserted: (1) knowingly and willfully communicate, furnish, transmit, or otherwise makes available such information to an unauthorized person;

    Inserted: (2) publish such information; or

    Inserted: (3) use such information in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States.

    Inserted: (b) Penalty.--Any person who violates subsection (a) shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both.

    Inserted: (c) Information to Congress.--Nothing in this section shall prohibit the furnishing, upon lawful demand, of information to any regularly constituted committee of the Senate or House of Representatives, or joint committee thereof.

    Inserted: (d) Definitions.--As used in this section--

    Inserted: (1) the term "classified information" means information which, at the time of a violation of this section, is determined to be Confidential, Secret, or Top Secret pursuant to Executive Order 12958, or any successor thereto; and

    Inserted: (2) the term "unauthorized person" means any person who does not have authority or permission to have access to the classified information under the provisions of a statute, Executive Order, regulation, or directive of the head of any department or agency who is empowered to classify information.

    Original wording

    At the end, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

At the end, add the following:

SEC. ___. UNLAWFUL DISCLOSURE OF CLASSIFIED REPORTS BY ENTRUSTED PERSONS.

(a) In General.--It shall be unlawful for any person who is an employee or member of the Senate or House of Representatives, or who is entrusted with or has lawful possession of, access to, or control over any classified information contained in a report submitted to Congress under this Act, the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 192), the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3638), or an amendment made by any such Act to--

(1) knowingly and willfully communicate, furnish, transmit, or otherwise makes available such information to an unauthorized person;

(2) publish such information; or

(3) use such information in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States.

(b) Penalty.--Any person who violates subsection (a) shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both.

(c) Information to Congress.--Nothing in this section shall prohibit the furnishing, upon lawful demand, of information to any regularly constituted committee of the Senate or House of Representatives, or joint committee thereof.

(d) Definitions.--As used in this section--

(1) the term “classified information” means information which, at the time of a violation of this section, is determined to be Confidential, Secret, or Top Secret pursuant to Executive Order 12958, or any successor thereto; and

(2) the term “unauthorized person” means any person who does not have authority or permission to have access to the classified information under the provisions of a statute, Executive Order, regulation, or directive of the head of any department or agency who is empowered to classify information.

Legislative Activity

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2 earlier actions
Floor Latest Action

Senate amendment proposed (on the floor): Amendment SA 866 proposed by Senator Kyl to Amendment SA 849.(consideration: CR S4562-4563; text: CR S4563)

April 17, 2007

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Floor

Senate amendment proposed (on the floor): Amendment SA 866 proposed by Senator Kyl to Amendment SA 849.(consideration: CR S4562-4563; text: CR S4563)

April 17, 2007

Floor

Amendment SA 866 proposed by Senator Kyl to Amendment SA 849. (consideration: CR S4562-4563; text: CR S4563) To protect classified information.

April 17, 2007

Floor

Senate amendment submitted

April 16, 2007