“A bill to amend chapter 37 of title 18, United States Code, to improve the prohibition on espionage.”
No CRS summary available for this bill.
This section strengthens prohibitions on espionage by amending sections 793 and 795 of title 18, United States Code. It adds a rebuttable presumption that a covered person (i.e., a citizen or national of North Korea, China, Russia, or Iran, or a person acting on their behalf) who photographs, videos, or tracks a high-value asset or tier-1 installation does so with intent or reason to believe the information would injure the United States or advantage a foreign nation; the presumption may be rebutted only by clear and convincing evidence of prior Secretarial approval. The Secretary of Defense must maintain and annually publish a list of high-value assets (including the E-4B Nightwatch, RC-135, B-2 Spirit, B-1 Lancer, and any nuclear command platform) and designate tier-1 installations (those housing such assets or critical to nuclear deterrence, global strike, or strategic intelligence), while installing signs stating that photography and surveillance are prohibited. The section modernizes the prohibition on photographing or sketching defense installations to cover digital photographs, contemporaneous internet video transmission, and AI-enhanced visual depictions, and establishes tiered penalties of up to 1 year imprisonment (or up to 7 years if a high-value asset or tier-1 installation is involved, or 5 to 10 years if the defendant is a citizen or national of a country of concern), plus forfeiture of any device used and a civil penalty of up to $100,000. Any such convicted person must have their visa revoked and be placed in removal proceedings.