INTELLIGENCE IDENTITIES PROTECTION ACT OF 1982

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B00552R001000080025-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 20, 2016
• Document Release Date: July 12, 2007
• Sequence Number: 25
• Publication Date: June 23, 1982
• Content Type: OPEN SOURCE

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PUBLIC LA?7-200-JUNE 23, 1982
INTELLIGENCE IDENTITIES PROTECTION
ACT OF 1982
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96 STAT. 122 PUBLIC- 97-200-JUNE 23, 1982
An Act
dune 23, 1982 To amend the National Security Act of 1947 to prohibit the unauthorized disclosure
(KR. 4] of information identifying certain United States intelligence officers, agents,
informants, and sources.
Be it enacted by the Senate and House of Re resentatiues of the
United States of America in CDngress assembled, That this Act may
be cited as the "Intelligence I entities Protection Act of 1982".
SEC. 2. (a) The National Security Act of 1947 is amended by adding
at the end thereof the following new title:
"TITLE VI-PROTECTION OF CERTAIN NATIONAL SECURITY
INFORMATION
"PROTECTION OF IDENTITIES OF CERTAIN UNITED STATES UNDERCOVER
INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND SOURCES
"SEC. 601. (a) Whoever, having or having had authorized access to
classified information that identifies a covert agent, intentionally
discloses any information identifying such covert agent to any indi-
vidual not authorized to receive classified information, knowing that
the information disclosed so identifies such covert agent and that
the United States is taking affirmative measures to conceal such
covert agent's intelligence relationship to the United States, shall be
fined not more than $50,000 or imprisoned not more than ten years,
or both.
"(b) Whoever, as a result of having authorized access to classified
information, learns the identity of a covert agent and intentionally
discloses any information identifying such covert agent to any indi-
vidual not authorized to receive classified information, knowing that
the information disclosed so identifies such covert agent and that
the United States is taking affirmative measures to conceal such
covert agent's intelligence relationship to the United States, shall be
fined not more than $25,000 or imprisoned not more than five years,
or both. -
"(c) Whoever, in the course of a pattern of activities intended to
identify and expose covert agents and with reason to believe that
such activities would impair or impede the foreign intelligence
activities of the United States, discloses any information that identi-
fies an individual as a covert agent to any individual not authorized
to receive classified information, knowing that the information
disclosed so identifies such individual and that the United States is
taking affirmative measures to conceal such individual's classified
intelligence relationship to the United States, shall be fined not
more than-$15,000 or imprisoned not more than three years, or both.
"DEFENSES AND EXCEPTIONS
"SEC. 602. (a) It is a defense to a prosecution under section 601
that before the commission of the offense with which the defendant
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PUBLIC LAW 97-20NE 23, 1982 96 STAT. Ap
is charged, the United States had publicly acknowledged or revealed
the intelligence relationship to the United States of the individual
the disclosure of whose intelligence relationship to the United
States is the basis for the prosecution.
"(bXl) Subject to paragraph (2), no person other than a person
committing an ffense under section 601 shall be subject to prosecu-
tion under suc section by virtue of section 2 or 4 of title 18, United
States Code, o shall be subject to prosecution for conspiracy to
commit an offs under such section.
"(2) Paragra h (1) shall not apply (A) in the case of a person who
acted in the co rse of a pattern of activities intended to identify and
expose covert a ents and with reason to believe that such activities
would impair r impede the foreign intelligence activities of the
United States, or (B) in the case of a person who. has authorized.
access to classified information.
"(c) It shall not-be an offense - under section 601 to transmit
information l ribed in such section directly to the Select Commit-
tee on Intellige ce of the Senate or to the Permanent Select Commit-
tee on Intell' e ce of the House of Representatives.
"(d) It shall ot be an offense under section 601 for an individual
to disclose information that solely identifies himself as a covert
agent. 0
"REPORT
"SEc. 603. (a The President, after receiving information from the
Director of Ce
tral IntelliIggence, shall submit to the Select Commit-
tee on Intellig ce of theSenate and the Permanent Select Commit
tee
tee on Intellig of the House of Representatives an annual report
on measures protect the identities of covert agents, and on any
other matter levant.to the protection of the identities of covert
agents.
(b) The re A described in subsection (a) shall be exempt from
it for publication or disclosure. The first such report
any requirem
shall be submi ted no later, than February 1, 1983.
"EXTRATERRITORIAL JURISDICTION
"Sac: 604. T *e, is jurisdiction over an offense under section 601
committed outside the United States if the individual committing
the. offense is J a citizen. of the United States or an alien lawfully
admitted to tll~~e United* States for: permanent residence (as defined
in section 101(oX20) of the Immigration and Nationality Act).
`.`PROVIDING INFORMATION TO CONGRESS
"SEC. 605. othing in this title may be construed as authority to
withhold info information from the Congress or from a committee of
either House of Congress.
"DEFINITIONS
"SEc. 606. F r the purposes of this title:
"(1) Th term 'classified information' means information 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
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96 STAT. 124 PUBLICOW 97-200-4UNE 23, 1982
order), as airing a specific degree of protection against unau-
thorized disclosure for reasons of national security.
"(2) The term 'authorized', when used with respect to access
to classified information, means having authority, right, or
permission pursuant to the provisions 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 respective 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 assigned to duty with an
intelligence agency-
"(i) whose identity as such an officer, employee, or
member is classified information, and
"(ii) who is serving outside the United States or has
within the last five years served outside the United
States; or
"(B) a United States citizen whose intelligence relation-
ship to the United States is classified information, and-
"(i) who resides and acts outside the United States as
an agent of, or informant or source of operational
assistance to, an intelligence agency, or
"(ii) who is at the time' of the disclosure acting as an
agent of, or informant to, the foreign counterintelli-
gence or foreign counterterrorism components of the
Federal Bureau of Investigation; or
"(C) an individual, other than a United States citizen,
whose past or present intelligence relationship to the
United States is classified information and who is a present
or former agent of, or a present or former informant or
source of operational assistance to, an intelligence agency.
"(5) The term 'intelligence agency' means the Central Intelli-
gence Agency,, a foreign intelligence component of the Depart-
ment of Defense, or the foreign counterintelligence or foreign
counterterrorism components' of the Federal Bureau of Investi-
gation.
"(6) The term `informant' means any individual who fur-
nishes information to an intelligence agency in the course of a
confidential relationship protecting the identity of such. individ-
ual from public disclosure.
"(7) The terms `officer' and `employee' have the meanings
given such terms by section 2104 and 2105, respectively, of title
5, United States Code. .
"(8) The term 'Armed Forces' means the Army, Navy, Air
Force, Marine Corps, and Coast Guard.
"(9) The term 'United States', when used in a ? geographic
sense, means all areas under the territorial sovereignty of the
United States and the Trust Territory of the Pacific Islands.
"(10) The term 'pattern of activities' requires a series of acts
with a common purpose or objective.".
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PUBLIC LAW 97-20WNE 23, 1982 96 STAT. If
(b) The table of contents at the beginning of such Act is amended
by adding at l end thereof the following:
`TITLE VI- ON OF CEBTAD4 NATIONAL SECURITY INFORMATION
"Sea 60L hotectlim of identities of certain United States undercover intelligence
ofoer agents, informant, and source..
"Sec. 602. Defense's and emoeptions.
BOWL
"Sea 60L k JuriedIctb
"Sec. 606. II formation to Oongreer.
Approved June 23, 1982.
LEGISLATIVE IISTORY-H.R. 4 (S. 891):
HOUSE REPOR : No. 97-221 (Comm. on Intelligence) and No. 97-580 (Comm. of
Conference).
SENATE REPO T No. 97-201 accompaning S. 891 (Comm. on the Judiciary).
CONGRESSION RECORD:
Vol. 127 (1 81): Sept. , considered and passed House.
Vol. 128 (1982. Feb. 2285, Mar. 1, 15-17, S. 891 considered in Senate.
Mar. 18, H.R. 4 considered and passed Senate, amended.
June 2, 8, House considered and agreed to conference report.
June 10, Senate agreed to conference report.
WEEKLYICOMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 25
(1982): June 28, Presidential statement.
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