96 STAT. 122 PUBLIC LAW 97-200—JUNE 23, 1982
Public Law 97-200
97th Congress
An Act
June 23, 1982 To amend the National Security Act of 1947 to prohibit the unauthorized disclosure
[H.R. 4] of information identifying certain United States intelligence officers, agents,
informants, and sources.
Be it enacted by the Senate and House of Representatives of the
Intelligence United States of America in Congress assembled, That this Act may
Identities be cited as the "IntelHgence Identities Protection Act of 1982"
of 1982 SEC. 2. (a) The National Security Act of 1947 is amended by adding
50 use 401 note, 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
50 use 421. "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.
"(h) 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
50 use 422. "SEC. 602. (a) It is a defense to a prosecution under section 601
that before the commission of the offense with which the defendant
PUBLIC LAW 97-200—JUNE 23, 1982 96 STAT. 123
is charged, the United States had pubUcly 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.
"(bXD Subject to paragraph (2), no person other than a person
committing an offense under section 601 shall be subject to prosecu-
tion under such section by virtue of sectio;i 2 or 4 of title 18, United
States Code, or shall be subject to prosecution for conspiracy to
commit an offense under such section.
"(2) Paragraph (1) shall not apply (A) in the case of a person who
acted 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, 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,
information described in such section directly to the Select Commit- transmittal to
congressional
tee on Intelligence of the Senate or to the Permanent Select Commit- committees.
tee on Intelligence of the House of Representatives.
"(d) It shall not be an offense under section 601 for an individual
to disclose information that solely identifies himself as a covert
agent.
"REPORT
"SEC. 603. (a) The President, after receiving information from the 50 USC 423.
Director of Central Intelligence, shall submit to the Select Commit-
tee on Intelligence of the Senate and the Permanent Select Commit-
tee on Intelligence of the House of Representatives an annual report
on measures to protect the identities of covert agents, and on any
other matter relevant to the protection of the identities of covert
agents.
"(b) The report described in subsection (a) shall be exempt from
any requirement for publication or disclosure. The first such report
shall be submitted no later than February 1,1983.
EXTRATERRITORIAL JURISDICTION
"SEC. 604. There is jurisdiction over an offense under section 601 50 USC 424.
committed outside the United States if the individual committing
the offense is a citizen of the United States or an alien lawfully
admitted to the United States for permanent residence (as defined
in section 101(aX20) of the Immigration and Nationality Act). 8 USC lioi.
PROVIDING INFORMATION TO CONGRESS
"SEC. 605. Nothing in this title may be construed as authority to 50 use 425.
withhold information from the Congress or from a committee of
either House of Congress.
"DEFINITIONS
"SEC. 606. For the purposes of this title: 50 USC 426.
"(1) The 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
96 STAT. 124 PUBLIC LAW 97-200—JUNE 23, 1982
order), as requiring 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.".
PUBLIC LAW 97-200—JUNE 23, 1982 96 STAT. 125
(b) The table of contents at the beginning of such Act is amended
by adding at the end thereof the following:
"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. Report
"Sec. 604. Extraterritorial jurisdiction.
"Sec. 605. Providing information to Congress.
"Sec. 606. Definitions.".
Approved J u n e 23, 1982.
LEGISLATIVE HISTORY—H.R. 4 (S. 391):
HOUSE REPORTS: No. 97-221 (Comm. on Intelligence) and No. 97-580 (Comm. of
SENATE REPORT No. 97-201 accompaning S. 391 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Sept. 23, considered and passed House.
Vol. 128 (1982): Feb. 25, Mar. 1, 15-17, S. 391 considered in Senate.
Mar. 18, H.R. 4 considered and passed Senate, amended.
June 2, 3, House considered and agreed to conference report.
June 10, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 25 (1982):
June 23, Presidential statement.
