Subject: Intelligence Identities Protection Act of 1982

Date: Wed Oct 8, 2003  11:17 am

 

Intelligence Identities Protection Act of 1982 (50 U.S.C. 421
(governing disclosures that could expose confidential Government agents)
http://foi.missouri.edu/bushinfopolicies/protection.html
(C) section 783 (conspiracy and communication or receipt of
classified information) of title 50 or section 601 of the
National Security Act of 1947 (50 U.S.C. 421) (relating to
intelligence identities
(d) Disclosure by agent of own identity
It shall not be an offense under section 421 of this title for an
individual to disclose information that solely identifies himself as a
covert agent.
(July 26, 1947, ch. 343, title VI, Sec. 602, as added June 23, 1982,
Pub. L. 97-200, Sec. 2(a), 96 Stat. 122.)

-------------------------------------------------------------------------------------------

Intelligence Identities Protection Act of 1982 (50 U.S.C. 421

(governing disclosures that could expose confidential Government agents)

http://foi.missouri.edu/bushinfopolicies/protection.html
 

 
The Freedom of Information Center The Journalism and Freedom of
the Press Commemorative Stamp issued in 1958
14 June 1999
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

See related: http://jya.com/cia-hide.htm

 


Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.)
(governing disclosures that could expose confidential Government agents)

----------

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 6, 1997]
[Document not affected by Public Laws enacted between
   January 6, 1997 and November 30, 1998]
[CITE: 50USC421]
  
               TITLE 50--WAR AND NATIONAL DEFENSE
         
                  CHAPTER 15--NATIONAL SECURITY
         
   SUBCHAPTER IV--PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION
Sec. 421. Protection of identities of certain United States 
         undercover intelligence officers, agents, informants, and 
         sources
(a) Disclosure of information by persons having or having had access to 
         classified information that identifies covert agent
    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 individual 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) Disclosure of information by persons who learn identity of covert          
         agents as result of having access to classified information
    Whoever, as a result of having authorized access to classified 
information, learns the identify of a covert agent and intentionally 
discloses any information identifying such covert agent to any 
individual 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) Disclosure of information by persons in course of pattern of 
         activities intended to identify and expose covert agents
    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 identifies 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.
(July 26, 1947, ch. 343, title VI, Sec. 601, as added June 23, 1982,          
Pub. L. 97-200, Sec. 2(a), 96 Stat. 122.)

                               Short Title
    For short title of this subchapter as the ``Intelligence Identities          
Protection Act of 1982'', see section 1 of Pub. L. 97-200, set out as a 
Short Title of 1982 Amendment note under section 401 of this title.
                   Section Referred to in Other Sections
    This section is referred to in sections 422, 424 of this title; 
title 5 section 8312; title 8 section 1101; title 18 section 3239; title          
22 section 2778.
----------
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 6, 1997]
[Document not affected by Public Laws enacted between
   January 6, 1997 and November 30, 1998]
[CITE: 50USC422]
 
         TITLE 50--WAR AND NATIONAL DEFENSE
         
           CHAPTER 15--NATIONAL SECURITY
         
 SUBCHAPTER IV--PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION
Sec. 422. Defenses and exceptions
(a) Disclosure by United States of identity of covert agent
    It is a defense to a prosecution under section 421 of this title 
that before the commission of the offense with which the defendant 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.
(b) Conspiracy, misprision of felony, aiding and abetting, etc.
    (1) Subject to paragraph (2), no person other than a person 
committing an offense under section 421 of this title shall be subject          
to prosecution under such section by virtue of section 2 or 4 of title          
18 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) Disclosure to select Congressional committees on intelligence
    It shall not be an offense under section 421 of this title to 
transmit information described in such section directly to the Select          
Committee on Intelligence of the Senate or to the Permanent Select 
Committee on Intelligence of the House of Representatives.
(d) Disclosure by agent of own identity
    It shall not be an offense under section 421 of this title for an 
individual to disclose information that solely identifies himself as a          
covert agent.
(July 26, 1947, ch. 343, title VI, Sec. 602, as added June 23, 1982,          
Pub. L. 97-200, Sec. 2(a), 96 Stat. 122.)
----------
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 6, 1997]
[Document not affected by Public Laws enacted between
   January 6, 1997 and November 30, 1998]
[CITE: 50USC424]
 
                TITLE 50--WAR AND NATIONAL DEFENSE
         
                  CHAPTER 15--NATIONAL SECURITY
         
  SUBCHAPTER IV--PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION
Sec. 424. Extraterritorial jurisdiction
    There is jurisdiction over an offense under section 421 of this 
title 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 1101(a)(20) of title 8).
(July 26, 1947, ch. 343, title VI, Sec. 604, as added June 23, 1982,          
Pub. L. 97-200, Sec. 2(a), 96 Stat. 123.)
----------
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 6, 1997]
[Document not affected by Public Laws enacted between
   January 6, 1997 and May 14, 1998]
[CITE: 5USC8312]
 
         TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
         
         PART III--EMPLOYEES
         
         Subpart G--Insurance and Annuities
         
         CHAPTER 83--RETIREMENT
         
         SUBCHAPTER II--FORFEITURE OF ANNUITIES AND RETIRED PAY
         
Sec. 8312. Conviction of certain offenses
    (a) An individual, or his survivor or beneficiary, may not be paid 
annuity or retired pay on the basis of the service of the individual 
which is creditable toward the annuity or retired pay, subject to the          
exceptions in section 8311(2) and (3) of this title, if the individual--
        (1) was convicted, before, on, or after September 1, 1954, of an 
    offense named by subsection (b) of this section, to the extent 
    provided by that subsection; or
        (2) was convicted, before, on, or after September 26, 1961, of 
    an offense named by subsection (c) of this section, to the extent 
    provided by that subsection.
The prohibition on payment of annuity or retired pay applies--
        (A) with respect to the offenses named by subsection (b) of this 
    section, to the period after the date of the conviction or after 
    September 1, 1954, whichever is later; and
        (B) with respect to the offenses named by subsection (c) of this 
    section, to the period after the date of conviction or after 
    September 26, 1961, whichever is later.
    (b) The following are the offenses to which subsection (a) of this 
section applies if the individual was convicted before, on, or after 
September 1, 1954:
        (1) An offense within the purview of--
            (A) section 792 (harboring or concealing persons), 793 
        (gathering, transmitting, or losing defense information), 794 
        (gathering or delivering defense information to aid foreign 
        government), or 798 (disclosure of classified information), of 
        chapter 37 (relating to espionage and censorship) of title 18;
            (B) chapter 105 (relating to sabotage) of title 18;
            (C) section 2381 (treason), 2382 (misprision of treason), 
        2383 (rebellion or insurrection), 2384 (seditious conspiracy), 
        2385 (advocating overthrow of government), 2387 (activities 
        affecting armed forces generally), 2388 (activities affecting 
        armed forces during war), 2389 (recruiting for service against 
        United States), or 2390 (enlistment to serve against United 
        States), of chapter 115 (relating to treason, sedition, and 
        subversive activities) of title 18;
            (D) section 10(b)(2), (3), or (4) of the Atomic Energy Act 
        of 1946 (60 Stat. 766, 767), as in effect August 30, 1954;
            (E) section 16(a) or (b) of the Atomic Energy Act of 1946 
        (60 Stat. 773), as in effect before August 30, 1954, insofar as 
        the offense is committed with intent to injure the United States 
        or with intent to secure an advantage to a foreign nation; or
            (F) an earlier statute on which a statute named by 
        subparagraph (A), (B), or (C) of this paragraph (1) is based.
        (2) An offense within the purview of--
            (A) article 104 (aiding the enemy), article 106 (spies), or 
        article 106a (espionage) of the Uniform Code of Military Justice 
        (chapter 47 of title 10) or an earlier article on which article 
        104 or article 106, as the case may be, is based; or
            (B) a current article of the Uniform Code of Military 
        Justice (or an earlier article on which the current article is 
        based) not named by subparagraph (A) of this paragraph (2) on 
        the basis of charges and specifications describing a violation 
        of a statute named by paragraph (1), (3), or (4) of this 
        subsection, if the executed sentence includes death, 
        dishonorable discharge, or dismissal from the service, or if the 
        defendant dies before execution of that sentence as finally 
        approved.
        (3) Perjury committed under the statutes of the United States or 
    the District of Columbia--
            (A) in falsely denying the commission of an act which 
        constitutes an offense within the purview of--
                (i) a statute named by paragraph (1) of this subsection; 
            or
                (ii) an article or statute named by paragraph (2) of 
            this subsection insofar as the offense is within the purview 
            of an article or statute named by paragraph (1) or (2) (A) 
            of this subsection;
            (B) in falsely testifying before a Federal grand jury, court 
        of the United States, or court-martial with respect to his 
        service as an employee in connection with a matter involving or 
        relating to an interference with or endangerment of, or 
        involving or relating to a plan or attempt to interfere with or 
        endanger, the national security or defense of the United States; 
        or
            (C) in falsely testifying before a congressional committee 
        in connection with a matter under inquiry before the 
        congressional committee involving or relating to an interference 
        with or endangerment of, or involving or relating to a plan or 
        attempt to interfere with or endanger, the national security or 
        defense of the United States.
        (4) Subornation of perjury committed in connection with the 
    false denial or false testimony of another individual as specified 
    by paragraph (3) of this subsection.
    (c) The following are the offenses to which subsection (a) of this 
section applies if the individual was convicted before, on, or after 
September 26, 1961:
        (1) An offense within the purview of--
            (A) section 2272 (violation of specific sections) or 2273 
        (violation of sections generally of chapter 23 of title 42) of 
        title 42 insofar as the offense is committed with intent to 
        injure the United States or with intent to secure an advantage 
        to a foreign nation;
            (B) section 2274 (communication of restricted data), 2275 
        (receipt of restricted data), or 2276 (tampering with restricted 
        data) of title 42; or
            (C) section 783 (conspiracy and communication or receipt of 
        classified information) of title 50 or section 601 of the 
        National Security Act of 1947 (50 U.S.C. 421) (relating to 
        intelligence identities).
        (2) An offense within the purview of a current article of the 
    Uniform Code of Military Justice (chapter 47 of title 10) or an 
    earlier article on which the current article is based, as the case 
    may be, on the basis of charges and specifications describing a 
    violation of a statute named by paragraph (1), (3), or (4) of this 
    subsection, if the executed sentence includes death, dishonorable 
    discharge, or dismissal from the service, or if the defendant dies 
    before execution of that sentence as finally approved.
        (3) Perjury committed under the statutes of the United States or 
    the District of Columbia in falsely denying the commission of an act 
    which constitutes an offense within the purview of a statute named 
    by paragraph (1) of this subsection.
        (4) Subornation of perjury committed in connection with the 
    false denial of another individual as specified by paragraph (3) of 
    this subsection.
    (d)(1) For purposes of subsections (b)(1) and (c)(1), an offense 
within the meaning of such subsections is established if the Attorney          
General of the United States certifies to the agency administering the          
annuity or retired pay concerned--
        (A) that an individual subject to this chapter has been 
    convicted by an impartial court of appropriate jurisdiction within a 
    foreign country in circumstances in which the conduct violates the 
    provisions of law enumerated in subsections (b)(1) and (c)(1), or 
    would violate such provisions had such conduct taken place within 
    the United States, and that such conviction is not being appealed or 
    that final action has been taken on such appeal;
        (B) that such conviction was obtained in accordance with 
    procedures that provided the defendant due process rights comparable 
    to such rights provided by the United States Constitution, and such 
    conviction was based upon evidence which would have been admissible 
    in the courts of the United States; and
        (C) that such conviction occurred after the date of enactment of 
    this subsection.
    (2) Any certification made pursuant to this subsection shall be 
subject to review by the United States Court of Claims based upon the          
application of the individual concerned, or his or her attorney, 
alleging that any of the conditions set forth in subparagraphs \1\ (A),          
(B), or (C) of paragraph (1), as certified by the Attorney General, have          
not been satisfied in his or her particular circumstances. Should the          
court determine that any of these conditions has not been satisfied in          
such case, the court shall order any annuity or retirement benefit to          
which the person concerned is entitled to be restored and shall order          
that any payments which may have been previously denied or withheld to          
be paid by the department or agency concerned.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``subparagraph''.
---------------------------------------------------------------------------
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 559; Pub. L. 92-128, Sec. 2(b),          
Sept. 25, 1971, 85 Stat. 348; Pub. L. 99-569, title VI, Sec. 603, Oct.          
27, 1986, 100 Stat. 3204; Pub. L. 103-337, div. A, title VI, 
Sec. 639(a), Oct. 5, 1994, 108 Stat. 2791; Pub. L. 103-359, title VIII,          
Sec. 805, Oct. 14, 1994, 108 Stat. 3441.)
                      Historical and Revision Notes 
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large 
------------------------------------------------------------------------
                     5 U.S.C. 2282.                Sept. 26, 1961, Pub. 
                                                    L. 87-299, Sec. 1 
                                                    ``Sec. 1'', 75 Stat.
                                                    640. 
------------------------------------------------------------------------
    Standard changes are made to conform with the definitions applicable          
and the style of this title as outlined in the preface to the report.
                       References in Text
    Pars. (2), (3) and (4) of subsec. (b) of section 10 of the Atomic 
Energy Act of 1946 (60 Stat. 766, 767), as in effect before August 30,          
1954, referred to in subsec. (b)(1)(D), are covered by sections 2274,          
2275 and 2276, respectively, of Title 42, The Public Health and Welfare.
Subsecs. (a) and (b) of section 16 of the Atomic Energy Act of 1946 
(60 Stat. 773), as in effect before August 30, 1954, referred to in 
subsec. (b)(1)(E), are covered by sections 2272 and 2273, respectively,          
of Title 42.
    Articles 104, 106, and 106a of the Uniform Code of Military Justice, 
referred to in subsec. (b)(2)(A), are sections 904, 906, and 906a, 
respectively, of Title 10, Armed Forces. The Uniform Code of Military          
Justice, in its entirety, is set out in section 801 et seq. of Title 10.
    The date of enactment of this subsection, referred to in subsec. 
(d)(1)(C), is the date of enactment of Pub. L. 103-359, which was 
approved Oct. 14, 1994.
                               Amendments
    1994--Subsec. (b)(2)(A). Pub. L. 103-337 substituted ``, article 106          
(spies), or article 106a (espionage)'' for ``or article 106 (spies)''.
    Subsec. (d). Pub. L. 103-359 added subsec. (d).
    1986--Subsec. (c)(1)(C). Pub. L. 99-569 inserted provisions relating 
to section 601 of the National Security Act of 1947.
    1971--Subsec. (c)(1)(C). Pub. L. 92-128 struck out ``, 822 
(conspiracy or evasion of apprehension during internal security 
emergency), or 823 (aiding evasion or apprehension during internal 
security emergency)'' after ``classified information)''.
                     Effective Date of 1994 Amendment
    Section 639(b) of Pub. L. 103-337 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect on the          
date of the enactment of this Act [Oct. 5, 1994] and shall apply to 
persons convicted of espionage under section 906a of title 10, United          
States Code (article 106a of the Uniform Code of Military Justice), on          
or after the date of the enactment of this Act.''
                  Section Referred to in Other Sections
    This section is referred to in sections 5569, 8311, 8313, 8315, 
8316, 8318, 8320 of this title; title 37 section 559.
----------
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[CITE: 8USC1101]
 
                     TITLE 8--ALIENS AND NATIONALITY
         
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
         
                    SUBCHAPTER I--GENERAL PROVISIONS
         
Sec. 1101. Definitions
[Excerpt]
    (43) The term ``aggravated felony'' means--
[Snip]
         (L) an offense described in--
             (i) section 793 (relating to gathering or transmitting 
         national defense information), 798 (relating to disclosure of 
         classified information), 2153 (relating to sabotage) or 2381 or 
         2382 (relating to treason) of title 18;
             (ii) section 421 of title 50 (relating to protecting the 
         identity of undercover intelligence agents); or
             (iii) section 421 of title 50 (relating to protecting the 
         identity of undercover agents);
[End excerpt]
----------
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 6, 1997]
[Document not affected by Public Laws enacted between
   January 6, 1997 and May 14, 1998]
[CITE: 18USC3239]
 
                TITLE 18--CRIMES AND CRIMINAL PROCEDURE
         
                      PART II--CRIMINAL PROCEDURE
         
                  CHAPTER 211--JURISDICTION AND VENUE
         
Sec. 3239. Optional venue for espionage and related offenses
    The trial for any offense involving a violation, begun or committed          
upon the high seas or elsewhere out of the jurisdiction of any 
particular State or district, of--
        (1) section 793, 794, 798, or section 1030(a)(1) of this title;
        (2) section 601 of the National Security Act of 1947 (50 U.S.C. 
     421); or
        (3) section 4(b) or 4(c) of the Subversive Activities Control 
     Act of 1950 (50 U.S.C. 783(b) or (c));
may be in the District of Columbia or in any other district authorized          
by law.
(Added Pub. L. 103-322, title XXXII, Sec. 320909(a), Sept. 13, 1994,          108 
Stat. 2127.)
                            Prior Provisions
    A prior section 3239, act June 25, 1948, ch. 645, 62 Stat. 827, 
related to threatening communications, prior to repeal by Pub. L. 98-
473, title II, Sec. 1204(b), Oct. 12, 1984, 98 Stat. 2152.
----------
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 27, 1998]
[Document affected by Public Law 105-261 Section 1511-1516]
[CITE: 22USC2778]
 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
         
                     CHAPTER 39--ARMS EXPORT CONTROL
         
                SUBCHAPTER III--MILITARY EXPORT CONTROLS
         
Sec. 2778. Control of arms exports and imports
[Excerpt]
(g) Identification of persons convicted or subject to indictment for          
        violations of certain provisions
    (1) The President shall develop appropriate mechanisms to identify,          
in connection with the export licensing process under this section--
        (A) persons who are the subject of an indictment for, or have 
    been convicted of, a violation under--
            (i) this section,
            (ii) section 11 of the Export Administration Act of 1979 (50 
         U.S.C. App. 2410),
            (iii) section 793, 794, or 798 of title 18 (relating to 
         espionage involving defense or classified information),
            (iv) section 16 of the Trading with the Enemy Act (50 U.S.C. 
         App. 16),
            (v) section 206 of the International Emergency Economic 
         Powers Act (relating to foreign assets controls; 50 U.S.C. App. 
         1705) [50 U.S.C. 1705],
            (vi) section 30A of the Securities Exchange Act of 1934 (15 
         U.S.C. 78dd-1) or section 104 of the Foreign Corrupt Practices 
         Act (15 U.S.C. 78dd-2),
            (vii) chapter 105 of title 18 (relating to sabotage),
            (viii) section 4(b) of the Internal Security Act of 1950 
         (relating to communication of classified information; 50 U.S.C. 
         783(b)),
            (ix) section 57, 92, 101, 104, 222, 224, 225, or 226 of the 
         Atomic Energy Act of 1954 (42 U.S.C. 2077, 2122, 2131, 2134, 
         2272, 2274, 2275, and 2276),
            (x) section 601 of the National Security Act of 1947 
         (relating to intelligence identities protection; 50 U.S.C. 421), 
         or
[End excerpt]

http://groups.yahoo.com/group/LEAK-GATE/message/78

<Back to:

 LEAK - GATE:
This White House Scandal Finally Tips the Scale!

American Patriot Friends Network

"....a network of net workers...."

APFN Message Board

APFN Contents Page

E-Mail: apfn@apfn.org

Hit Counter