H.R.4 A BILL IN THE HOUSE OF REPRESENTATIVES TO AMEND THE NATIONAL SECURITY ACT OF 1947

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83M00210R000300060009-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 18
• Document Creation Date: December 20, 2016
• Document Release Date: March 1, 2007
• Sequence Number: 9
• Publication Date: January 5, 1981
• Content Type: REGULATION

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97TH CONGRESS
1ST SESSION
H.R.4
To amend the National Security Act of 1947 to prohibit the unauthorized
disclosure of information identifying certain United States intelligence offi-
cers, agents, informants, and sources.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1981
Mr. BOLAND (for himself, Mr. MAZZOLI, and Mr. ROBINSON) introduced the
following bill; which was referred to the Permanent Select Committee on
Intelligence
A BILL
To amend the National Security Act of 1947 to prohibit the
unauthorized disclosure of information identifying certain
United States intelligence officers, agents, informants, and
sources.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as the "Intelligence Identities
4 Protection Act".
5 SEC. 2. (a) The National Security Act of 1947 is
6 amended by adding at the end thereof the following new title:
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1 "TITLE V-PROTECTION OF CERTAIN NATIONAL
2 SECURITY INFORMATION
3 "DISCLOSURE OF IDENTITIES OF CERTAIN UNITED STATES
4 UNDERCOVER INTELLIGENCE OFFICERS, AGENTS, IN-
5 FORMANTS, AND SOURCES
6 "SEC. 501. (a) Whoever, having or having had author-
7 ized access to classified information that identifies a covert
8 agent, intentionally discloses any information identifying such
9 covert agent to any individual not authorized to receive clas-
10 sified information, knowing that the information disclosed so
11 identifies such covert agent and that the United States is
12 taking affirmative measures to conceal such covert agent's
13 intelligence relationship to the United States, shall be fined
14 not more than $50,000 or imprisoned not more than ten
15 years, or both.
16 "(b) Whoever, as a result of having authorized access to
17 classified information, learns the identity of a covert agent
18 and intentionally discloses any information identifying such
19 covert agent to any individual not authorized to receive clas-
20 sified information, knowing that the information disclosed so
21 identifies such covert agent and that the United States is
22 taking affirmative measures to conceal such covert agent's
23 intelligence relationship to the United States, shall be fined
24 not more than $25,000 or imprisoned not more than five
25 years, or both.
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? 1 "(c) Whoever, in the course of an effort-to identify.. and
2 expose covert agents with the intent to impair or impede the
3 foreign intelligence activities of the United States, discloses,
4 with the intent to impair or impede the foreign. nteiligence
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5 activities of the United States, to any individual not author-
6 ized to receive classified information, any information that
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7 identifies a covert agent knowing that the informat n,~.dis-
8 closed so identifies such covert agent and that tbc.,Tnited
9 States is taking affirmative measures to conceal such covert
10 agent's intelligence, re.14tionship to the United States, shall be
11 fined not more than $15,000 or imprisoned not more than
12 three years, or both.
13 "DEFENSES AND EXCEPTIONS
14 "SEC. 502. (a) It is a defense to a prosecution under
15 section 501 that before the commission of the offense with
16 which the defendant is charged, the United States had public-
17 ly acknowledged or revealed the intelligence relationship to
18 the United States of the individual the disclosure of whose
19 intelligence relationship to the United States is the basis for
20 the prosecution.
21 "(b)(1) Subject to paragraph (2), no person other than a
22 person committing an offense under section 501 shall be sub-
23 ject to prosecution under such section by virtue of section 2
24 or 4 of title 18, United States Code, or shall be subject to
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1 prosecution for conspiracy to commit an offense under such
2 section.
3 "(2) Paragraph (1) shall not apply in the case of a
4 person who acted in the course of an effort to identify and
5 expose covert agents with the intent to impair or impede the
6 foreign intelligence activities of the United States.
7 "(c) In any prosecution under section 501(c), proof of
8 intentional disclosure of information described in such sec-
9 tion, or inferences derived from proof of such disclosure, shall
10 not alone constitute proof of intent to impair or impede the
11 foreign intelligence activities of the United States.
12 "(d) It shall not be an offense under section 501 to
13 transmit information described in such section directly to the
14 Select Committee on Intelligence of the Senate or to the Per-
15 manent Select Committee on Intelligence of the House of
16 Representatives.
17 "PROCEDURES FOR ESTABLISHING COVER FOR
18 INTELLIGENCE OFFICERS AND AGENTS
19 "SEC. 503. (a) The President shall establish procedures
20 to ensure that any individual who is an officer or employee of
21 an intelligence agency, or a member of the Armed Forces
22 assigned to duty with an intelligence agency, whose identity
23 as such an officer, employee, or member is classified informa-
24 tion and which the United States takes affirmative measures
25 to conceal, is afforded all appropriate assistance to ensure
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1 that the identify of such individual as such an officer, em-
2 ployee, or member is effectively concealed. Such procedures
3 shall provide that any department or agency designated by
4 the President for the purposes of this section shall provide
5 such assistance as may be determined by the President to be
6 necessary in order to establish and effectively maintain the
7 secrecy of the identity of such individual as such an officer,
8 employee, or member.
9 "(b) Procedures established by the President pursuant to
10 subsection (a) shall be exempt from any requirement for pub-
11 lication or disclosure.
12 "EXTRATERRITORIAL JURISDICTION
? 13 "SEC. 504. There is jurisdiction over an offense under
14 section 501 committed outside the United States if the indi-
15 vidual committing the offense is a citizen of the United States
16 or an alien lawfully admitted to the United States for perma-
17 nent residence (as defined in section 101(a)(20) of the Immi-
18 gration and Nationality Act).
19
"PROVIDING INFORMATION TO CONGRESS
20 "SEC. 505. Nothing in this title shall be construed as
21 authority to withhold information from Congress or from a
22 committee of either House of Congress.
23 "DEFINITIONS
24 "SEC. 506. For the purposes of this title:
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1 "(1) The term `classified information' means infor-
2 mation or material designated and clearly marked or
3 clearly represented, pursuant to the provisions of a
4 statute or Executive order (or a regulation or order
5 issued pursuant to a statute or Executive order), as re-
6 quiring a specific degree of protection against unau-
7 thorized disclosure for reasons of national security.
8 "(2) The term `authorized', when used with re-
9 spect to access to classified information, means having
10 authority, right, or permission pursuant to the provi-
11 sions of a statute, Executive order, directive of the
12 head of any department or agency engaged in foreign
13 intelligence or. counterintelligence activities, order of a
14 United States court, or provisions of any Rule of the
15 House of Representatives or resolution of the Senate
16 which assigns responsibility within the respective
17 House of Congress for the oversight of intelligence
18 activities.
19 "(3) The term `disclose' means to communicate,
20 provide, impart, transmit, transfer, convey, publish, or
21 otherwise make available.
22 "(4) The term `covert agent' means-
23 "(A) an officer or employee of an intelligence
24 agency, or a member of the Armed Forces as-
25 signed to duty with an intelligence agency-
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1 "(i) whose identity as such an officer,
2 employee, or member is classified informa-
3 tion, and
4 "(ii) who is serving outside the United
5 States or has within the last five years
6 served outside the United States;
7 "(B) a United States citizen whose intelli-
8 gence relationship to the United States is classi-
9 fied information and-
10 (i) who resides and acts outside the
11 United States as an agent of, or informant or
12 source of operational assistance to, an intelli-
13 gence agency, or
14 "(ii) who is at the time of the disclosure
15 acting as an agent of, or informant to, the
16 foreign counterintelligence or foreign coun-
17 terterrorism components of the Federal
18 Bureau of Investigation; or
19 "(C) an individual, other than a United
20 States citizen, whose past or present intelligence
21 relationship-to the United States is classified and
22 who is a present or former agent of, or a present
23 or former informant or source of operational as-
24 sistance to, an intelligence agency.
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1 "(5) The term `intelligence agency' means the
2 Central Intelligence Agency, the foreign intelligence
3 components of the Department of Defense, or the for-
4 eign counterintelligence or foreign counterterrorist
5 components of the Federal Bureau of Investigation.
6 "(6) The term `informant' means any individual
7 who furnishes information to an intelligence agency in
8 the course of a confidential relationship protecting the
9 identity of such individual from public disclosure.
10 "(7) The terms `officer' and `employee' have the
11 meanings given such terms by sections 2104 and 2105,
12 respectively, of title 5, United States Code.
13 "(8) The term `Armed Forces' means the Army,
14 Navy, Air Force, Marine Corps, and Coast Guard.
15 "(9) The term `United States', when used in a ge-
16 ographic sense, means all areas under the territorial
17 sovereignty of the United States and the Trust Terri-
18 tory of the Pacific Islands.".
19 (b) The table of contents at the beginning of such Act is
20 amended by adding at the end thereof the following:
"TITLE V-PROTECTION OF CERTAIN NATIONAL SECURITY
INFORMATION
"Sec. 501. Disclosure of identities of certain United States undercover intelligence
officers, agents, informants, and sources.
"Sec. 502. Defenses and exceptions.
"Sec. 503. Procedures for establishing cover for intelligence officers and employees.
"Sec. 504. Extraterritorial jurisdiction.
"Sec. 505. Providing information to Congress.
"Sec. 506. Definitions.".
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97TH CONGRESS
1ST SESSION
S.391
To amend the National Security Act of 1947 to prohibit the unauthorized
disclosure of information identifying certain United States intelligence offi-
cers, agents, informants, and sources and to direct the President to establish
procedures to protect the secrecy of these intelligence relationships.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 3 (legislative day, JANUARY 5), 1981
Mr. CHAFEE (for himself, Mr. GOLDWATER, Mr. BENTSEN, Mr. DANFORTH, Mr.
DOMENICI, Mr. GARN, Mr. GLENN, Mr. HAYAKAWA, Mr. JACKSON, Mr.
LAXALT, Mr. LUGAR, Mr. NUNN, Mr. PRESSLER, Mr. ROTH, Mr. SCHMITT,
Mr. SIMPSON, Mr. WALLOP, Mr. HATCH, Mr. HUDDLESTON, and Mr.
THURMOND) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
A BILL
To amend the National Security Act of 1947 to prohibit the
unauthorized disclosure of information identifying certain
United States intelligence officers, agents, informants, and
sources and to direct the President to establish procedures
to protect the secrecy of these intelligence relationships.
1 Be it enacted by the Senate and House of Representa-
2 Lives of the United States of America in Congress assembled,
3 That this Act may be cited as the "Intelligence Identities
4 Protection Act of 1981".
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1 SEC. 2. (a) The National Security Act of 1947 is
2 amended by adding at the end thereof the following new title:
3 "TITLE VI-PROTECTION OF CERTAIN NATIONAL
4 SECURITY INFORMATION
5 "PROTECTION OF IDENTITIES OF CERTAIN UNITED
6 STATES UNDERCOVER INTELLIGENCE OFFICERS,
7 AGENTS, INFORMANTS, AND SOURCES
8 "SEC. 601. (a) Whoever, having or having had author-
9 ized access to classified information that identifies a covert
10 agent, intentionally discloses any information identifying such
11 covert agent to any individual not authorized to receive clas-
12 sified information, knowing that the information disclosed so
13 identifies such covert agent and that the United States is
14 taking affirmative measures to conceal such covert agent's
15 intelligence relationship to the United States, shall be fined
16 not more than $50,000 or imprisoned not more than ten
17 years, or both.
18 "(b) Whoever, as a result of having authorized access to
19 classified information, learns the identity of a covert agent
20 and intentionally discloses any information identifying such
21 covert agent to any individual not authorized to receive clas-
22 sified information, knowing that the information disclosed so
23 identifies such covert agent and that the United States is
24 taking affirmative measures to conceal such covert agent's
25 intelligence relationship to the United States, shall be fined
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? 1 not more than $25,000 or imprisoned not more than five
2 years, or both.
3 "(c) Whoever, in the course of a pattern of activities
4 intended to identify and expose covert agents and with
5 reason to believe that such activities would impair or impede
6 the foreign intelligence activities of the United States, dis-
7 closes any information that identifies an individual as a
8 covert agent to any individual not authorized to receive clas-
9 sified information, knowing that the information disclosed so
10 identifies such individual and that the United States is taking
11 affirmative measures to conceal such individual's classified
12 intelligence relationship to the United States, shall be fined
13 not more than $15,000 or imprisoned not more than three
14 years, or both.
15 "DEFENSES AND EXCEPTIONS
16 "SEC. 602. (a) It is a defense to a prosecution under
17 section 601 that before the commission of the offense with
18 which the defendant is charged, the United States had public-
19 ly acknowledged or revealed the intelligence relationship to
20 the United States of the individual the disclosure of whose
21 intelligence relationship to the United States is the basis for
22 the prosecution.
23 "(b)(1) Subject to paragraph (2), no person other than a
24 person committing an offense under section 601 shall be sub-
25 ject to prosecution under such section by virtue of section 2
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1 or 4 of title 18, United States Code, or shall be subject to
2 prosecution for conspiracy to commit an offense under such
3 section.
4 "(2) Paragraph (1) shall not apply in the case of a
5 person who acted in the course of a pattern of activities in-
6 tended to identify and expose covert agents and with reason
7 to believe that such activities would impair or impede the
8 foreign intelligence activities of the United States.
9 "(c) It shall not be an offense under section 601 to
10 transmit information described in such section directly to the
11 Select Committee on Intelligence of the Senate or to the Per-
12 manent Select Committee on Intelligence of the House of
13 Representatives.
14 "(d) It shall not be an offense under section 601 for an
15 individual to disclose information that solely identifies himself
16 as a covert agent.
17 "PROCEDURES FOR ESTABLISHING COVER FOR
18 INTELLIGENCE OFFICERS AND EMPLOYEES
19 "SEC. 603. (a) The President shall establish procedures
20 to ensure that any individual who is an officer or employee of
21 an intelligence agency, or a member of the Armed Forces
22 assigned to duty with an intelligence agency, whose identity
23 as such an officer, employee, or member is classified informa-
24 tion and which the United States takes affirmative measures
25 to conceal is afforded all appropriate assistance to ensure that
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the identity of such individual as such an officer, employee,
2 or member is effectively concealed. Such procedures shall
3 provide that any department or agency designated by the
4 President for the purposes of this section shall provide such
}
5 assistance as may be determined by the President to be nec-
6 essary in order to establish and effectively maintain the se-
7 crecy of the identity of such individual as such an officer,
8 employee, or member.
9 "(b) Procedures established by the President pursuant to
10 subsection (a) shall be exempt from any requirement for pub-
11 lication or disclosure.
12 "EXTRATERRITORIAL JURISDICTION
? 13 "SEC. 604. There is jurisdiction over an offense under
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14 section 601 committed outside the United States if the indi-
15 vidual committing the offense is a citizen of the United States
16 or an alien lawfully admitted to the United States for perma-
17 nent residence (as defined in section 101(a)(20) of the Immi-
18 gration and Nationality Act).
19 "PROVIDING INFORMATION TO CONGRESS
20 "SEC. 605. Nothing in this title may be construed as
21 authority to withhold information from the Congress or from
22 a committee of either House of Congress.
23 "DEFINITIONS
24 "SEC. 606. For the purposes of this title:
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"(1) The term `classified information' means infor-
mation or material designated and clearly marked or
clearly represented, pursuant to the provisions of a
statute or Executive order (or a regulation or order
issued pursuant to a statute or Executive order), as re-
quiring a specific degree of protection against un-
authorized disclosure for reasons of national security.
"(2) The term `authorized', when used with re-
spect to access to classified information, means having
authority, right, or permission pursuant to the provi-
sions of a statute, Executive order, directive of the
head of any department or agency engaged in foreign
intelligence or counterintelligence activities, order of
any United States court, or provisions of any rule of
the House of Representatives or resolution of the
Senate which assigns responsibility within the respec-
tive House of Congress for the oversight of intelligence
activities.
"(3) The term `disclose' means to communicate,
provide, impart, transmit, transfer, convey, publish, or
otherwise make available.
"(4) The term `covert agent' means-
"(A) an officer or employee of an intelligence
agency or a member of the Armed Forces as-
signed to duty with an intelligence agency-
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? 1 "(i) whose identity as such an officer,
2 employee, or member is classified informa-
3 tion, and
4 "(ii) who is serving outside the United
5 States or has within the last five years
6 served outside the United States; or
7 "(B) a United States citizen whose intelli-
8 gence relationship to the United States is classi-
9 fied information, and-
10 "(i) who resides and acts outside the
11 United States as an agent of, or informant or
12 source of operational assistance to, an intelli-
13 gence agency, or
14 "(ii) who is at the time of the disclosure
15 acting as an agent of, or informant to, the
16 foreign counterintelligence or foreign
17
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counterterrorism components of the Federal
Bureau of Investigation; or
"(C) an individual, other than a United
20 States citizen, whose past or present intelligence
21 relationship to the United States is classified in-
22 formation and who is a present or former agent
23 of, or a present or former informant or source of
24 operational assistance to, an intelligence agency.
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1 "(5) The term `intelligence agency' means the
2 Central Intelligence Agency, a foreign intelligence
3 component of the Department of Defense, or the for-
4 eign counterintelligence or foreign counterterrorism
5 components of the Federal Bureau of Investigation.
6 "(6) The term `informant' means any individual
7 who furnishes information to an intelligence agency in
8 the course of a confidential relationship protecting the
9 identity of such individual from public disclosure.
10 "(7) The terms `officer' and `employee' have the
11 meanings given such terms by sections 2104 and 2105,
12 respectively, of title 5, United States Code.
13 "(8) The term `Armed Forces' means the Army,
14 Navy, Air Force, Marine Corps, and Coast Guard.
15 "(9) The term `United States', when used in a ge-
16 ographic sense, means all areas under the territorial
17 sovereignty of the United States and the Trust Terri-
18 tory of the Pacific Islands.
19 "(10) The term `pattern of activities' requires a
20 series of acts with a common purpose or objective.".
21 (b) The table of contents at the beginning of such Act is
22 amended by adding at the end thereof the following:
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? "TITLE VI-PROTECTION OF CERTAIN NATIONAL SECURITY
INFORMATION
"Sec. 601. Protection of identities of certain United States undercover intelligence
officers, agents, informants, and sources.
"Sec. 602. Defenses and exceptions.
"Sec. 603. Procedures for establishing cover for intelligence officers and employees.
"Sec. 604. Extraterritorial jurisdiction.
"Sec. 605. Providing information to Congress.
"Sec. 606. Definitions.".
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