Espionage Act Reform Act of 2022
12/29/2022, 6:18 PMSummary of Bill HR 8533
Bill 117 HR 8533, also known as the Espionage Act Reform Act of 2022, is a piece of legislation currently being considered by the US Congress. The bill aims to reform the Espionage Act of 1917, which is a federal law that prohibits certain types of espionage and related activities.The main goal of the Espionage Act Reform Act of 2022 is to update and modernize the Espionage Act to better protect the rights of journalists, whistleblowers, and other individuals who may be at risk of being prosecuted under the law. The bill seeks to clarify and narrow the scope of the Espionage Act to ensure that it is not used to suppress freedom of the press or punish individuals who are acting in the public interest.
Some key provisions of the bill include: - Providing protections for journalists who publish classified information in the public interest - Establishing a public interest defense for individuals charged under the Espionage Act - Requiring the government to prove that the disclosure of classified information caused harm to national security - Prohibiting the use of the Espionage Act to target whistleblowers who expose government wrongdoing Overall, the Espionage Act Reform Act of 2022 aims to strike a balance between national security interests and the protection of civil liberties. It seeks to ensure that the Espionage Act is used appropriately and not as a tool to silence dissent or punish those who seek to hold the government accountable.
Congressional Summary of HR 8533
Espionage Act Reform Act of 2022
This bill limits the scope of certain criminal offenses relating to classified information.
Under the bill, the offense of disclosing classified information to an unauthorized person may be committed only by an individual who is authorized to receive the classified information and has signed a nondisclosure agreement regarding such classified information (i.e., a covered person), whereas under current law any individual may be charged with this offense. Under the bill, this offense shall not apply to disclosures of information to any Member of Congress, a federal court, an inspector general in the intelligence community, or certain bodies such as the Federal Trade Commission.
Similarly, under the bill, certain offenses related to gathering, transmitting, or losing defense information may be committed only by a covered person or a foreign agent, whereas currently such offenses may be committed by any person. Under the bill, an individual who is not a foreign agent may not be criminally charged for such offenses unless the individual meets certain requirements, such as having committed a felony under federal law in the course of committing the offense.
An offense related to obtaining and copying a document connected with the national defense shall apply only to an unlawfully obtained nonpublic document, whereas the current statute does not limit the scope of this offense to such documents.
An offense related to dispensing certain public property of value shall apply only to tangible things, whereas the current statute does not limit the scope of this offense to tangible things.
