Sec. 13. CRIMINAL PENALTIES FOR VIOLATIONS OF FISA
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## SEC. 13 CRIMINAL PENALTIES FOR VIOLATIONS OF FISA ###
(a)Penalties for Unauthorized Disclosure of Application for Electronic Surveillance ####
(1)In general **[**[50 U.S.C. 1809](/us/usc/t50/s1809)**]** Subsection
(a)of section 109 is amended— #####
(A)in the matter preceding paragraph (1), by striking “intentionally”; #####
(B)in paragraph (1)— ######
(i)by inserting “intentionally” before “engages in”; and ######
(ii)by striking “; or” and inserting a semicolon; #####
(C)in paragraph (2)— ######
(i)by striking “disclose” and inserting “intentionally discloses”; and ######
(ii)by striking the period at the end and inserting “; or”; and #####
(D)by adding at the end the following new paragraph: > > #### “(3) > > knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses 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 an application, in whole or in part, for an order for electronic surveillance under this Act.” > . ####
(2)Conforming amendment Subsection
(b)of such section is amended by striking “under subsection (a)” and inserting “under paragraph
(1)or
(2)of subsection (a)”. ###
(b)Increased Criminal Penalties for Offense Under FISA Subsection
(c)of section 109 is amended to read as follows: > > ### “(c) Penalty > > A person guilty of an offense in this section shall be fined under title 18, imprisoned for not more than 10 years, or both.” > . ###
(c)Criminal Penalties for Unauthorized Disclosure of Certain Incidentally Collected United States Person Information Title VII is amended by inserting the following new section: > > ## “SEC. 709 PENALTIES FOR UNAUTHORIZED DISCLOSURE > > **[**[50 U.S.C. 1881h](/us/usc/t50/s1881h)**]** > > > ### “(a) Offense > > A person is guilty of an offense under this section if that person knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses 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 any classified information that contains the contents of any communication acquired under this title to which a known United States person is a party. > > > ### “(b) Penalty > > A person guilty of an offense in this section shall be fined under title 18, imprisoned for not more than 8 years, or both. > > > ### “(c) Jurisdiction > > There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.” > . ###
(d)Sentencing Enhancement for False Declarations Before Foreign Intelligence Surveillance Court Subsection
(a)of section 1623 of title 18, United States Code, is amended by inserting before “, or both” the following: “or, if such proceedings are before or ancillary to the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review established by section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), imprisoned not more than ten years”.
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