14 June 1999
Source:
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Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.)
(governing disclosures that could expose confidential Government agents)
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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.
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From the U.S. Code Online via GPO Access
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[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.)
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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.)
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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.
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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]
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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.
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From the U.S. Code Online via GPO Access
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[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]