Additional criminal penalties

Section 709 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881h) is amended to read as follows (and conform the table of contents at the beginning of such Act accordingly): 709. Penalties for unauthorized disclosure and other actions (a) Offenses (1) Unauthorized disclosure or retention A person is guilty of an offense under this paragraph if that person knowingly and willfully— (A) 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; or (B) retains with specific intent to violate, without authorization, including by approved procedures, any classified information that contains the contents of any communication acquired under this title to which a known United States person is a party. (2) Unauthorized query A person is guilty of an offense under this paragraph if that person, while serving as an officer or employee of a department or agency of the United States, with specific intent to violate this paragraph, willfully conducts a United States person query of information acquired under section 702(a), knowing that the query does not support a duly authorized purpose within the scope of the authority of such department or agency. (3) Falsifies or misrepresents compliance A person is guilty of an offense under this paragraph if that person knowingly and willfully, with specific intent to violate this paragraph, falsifies a record, or makes a material misrepresentation to the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review, regarding compliance with the procedures or requirements for querying information acquired under section 702(a). (b) Penalties (1) Unauthorized disclosure or retention A person guilty of an offense in subsection (a)(1) shall be fined under title 18, United States Code, imprisoned for not more than 8 years, or both. (2) Unauthorized query A person guilty of an offense in subsection (a)(2) shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both. (3) Falsifies or misrepresents compliance A person guilty of an offense in subsection (a)(3) shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both. (c) Defenses (1) Unauthorized query It is a defense to a prosecution under subsection (a)(2) that— (A) the defendant conducted the query in the course of the official duties of the person and such query was authorized by a supervisor, attorney, or member of the Senior Executive Service (or equivalent); or (B) such query was conducted pursuant to a duly authorized purpose. (2) Misrepresents compliance It is a defense to a prosecution under subsection (a)(3) that the defendant made the misrepresentation in the course of the official duties of the person and such misrepresentation was authorized by a supervisor, attorney, or member of the Senior Executive Service (or equivalent), or that the defendant made the misrepresentation acting based on a good faith understanding of the authorities, in compliance with approved procedures, and the facts known to the individual at the time. (d) 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..