A. CENTRAL INTELLIGENCE AGENCY NATIONAL SECURITY ACT OF 1947 ACT OF JULY 26, 1947 AN ACT To promote the national security by providing for a Secretary of Defense; for a National Military Establishment; for a Department of the Army, a Depart- ment of the Navy, and a Department of the Air Furce; and for the coordination of the activities of the National Military Establishment with other departments and agencies of the Covernment concerned with the national security. Be it enacted bv the Senate and House of Representatives of the United States of America in Congress assemhled, SHORT TITLE That £50 U.S.C. 401 note] this Act may be cited as the ‘“‘Nation- meee al Security Act of 1947 TABLE OF CONTENTS Sec. 2. Declaration of policy. Titte I—CooRDINATION 7OR NATIONAL SECURITY Sec. 10!. National Security Council. Sec. 102. Central Intelligence Agency. Sec. 103. National Security Resources Board. Titte H—THe DeparTMENT OF DEFENSE Sec. 201. Department of Defense. Sec. 202. Secretary of Defense.* Sec. 203. Military Assistants to the Secretary.* Sec. 204. Civilian personne!.* Sec 205. Department of the Army. Sec. 206. Department of the Navy. Sec. 2OT. Department of the Air Force. Sec. IVR United States Air Force.* Sec. 209. Effective date of transfers.* Sec. 216. War Council * Sec 211. Joint Chiefs of Staff.* Sec. 212. Joint Staff." Sec 214. Munitions Board.* Sec Zid. Research and Development Board.‘ Titte III—MiscELLANEOUS Sec 301 Compensation of Secretaries.* Sec. $02. Under Secretaries and Assistant Secretaries.‘ Sec. 403. Advisory committees and personnel. Sec. 404. Status of transferred civilian personnel.* Sec. $05. Saving provisions.* a: 406. Transfer of funds.* See. 07. Authorization for appropriations. Sec. 308. Definitions Ppropniasions Sec. 409 Separability Sec. 410. Effective date. * Section repealed without amending table of contents. (3)
Sec. 311. Succeasicn to the Presidency. Sec. 411. Repealing and saving provisions.** Tre V-—ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES Sec. 501. Congressional oversight. Trruz VI—Prorection or CERTAIN NATIONAL SECURITY [INFORMATION Sec. 601. Protection of identities of certain United States undercover intelligence of- ficera, agents, informants, snd sources. Sec. 602. Defenses and excepticns. Sec. 603. Report. Sec. 604. Extraterritorial jurisdiction. Sec. 605. Providing information to Congress. Sec. 606. Definitions. DECLARATION OF POLICY Sec. 2. [50 U.S.C. 401] In enacting this legislation, it is the intent of Congress te provide a comprehensive program for the future security of the United States; to provide for the establish- ment of integrated policies and procedures for the departments, agencies, and functions of the Government relating to the national security; to provide a Department of Defense, including the three military Departments of the Army, the Navy (including naval avi- ation and the United States Marine Corps}, and the Air Force under the direction, authority, and control of the Secretary of De- fense; to provide that each military department shall be separately organized under its own Secretary and shall function under the di- rection, authority, and control of the Secretary of Defense; to pro- vide for their unified direction under civilian control of the Secre- tary of Defense but not to merge these departments or services; to provide for the establishment of unified or specified combatant commands, and a clear and direct line of command to such com- mands; to eliminate unnecessary duplication in the Department of Defense, and particularly in the field of research and engineering by vesting its cverali direction and control in the Secretary of De- fense; to provide more effective, efficient, and economical adminis- tration in the Department of Defense; to provide for the unified strategic direction of the combatant forces, for their operation under unified command, and for their integration into an efficient team of land, naval, and air forces but not to establish a single Chief of Staff over the armed forces nor an overall armed forces general staff. TITLE I—COORDINATION FOR NATIONAL SECURITY NATIONAL SECURITY COUNCIL Sec. 101. £50 U.S.C. 402] (a) There is hereby established a coun- cil to be known as the National Security Council (hereinafter in this section referred to as the “Council”’). The President of the United States shall preside over meetings of the Council: Provided, That in his absence he may designate a member of the Council to preside in his place. The function of the Council shall be to advise the President with respect to the integration of domestic, foreign, and military policies **ttem editorially inserted.
3 relating to the national security so as to enable the military serv- ices and the other departments and agencies of the Government to cooperate more effectively in matters involving the national secu- rity. The Cour:ci} shal! be composed of '— (1) the President; (2) the Vice President; (3) the Secretary of State; (4) the Secretary of Defense; .3! the Director for Mutual Security. (8) the Chairman of the National Security Resources Beard; and (7) The Secretaries and Under Secretaries of other executive departments and the military departments, the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, when appointed by the President by and with the advice and consent of the Senate, to serve at his p-easure. yi In addition to performing such other functions as the Presi- dent may direct, for the purpose of more effectively coordinating the policies and functions of the departments and agencies of the Government relating to the national security, it shall. subject to the directiou of the President, be the duty of the Council— (1! to assess and appraise the objectives, commitments, and risks of the United States ‘1 relation to our actual and poten- tial military power, in the interest of national security, for the purpose of making recommendations to the President in con- rection therewith; and ‘2) to consider policies on matters of commen interest to the departments and agencies of the Government concerned with the national security, and to make recommendations to the President in connection therewith. ic) Fhe Council shall have a staff to be headed by a civilian ex- ecutive secretary who shall be appointed by the President, and who shall receive compensation at the rate of $10,000 a year.® The ex- ecutive secretary, subject to the direction of the Council, is hereby authorized, subject to the civil-service laws and the Classification Act of 1923, as arended,? to appoint and fix the compensation of such personnel as may be necessary to perform such duties as may be prescribed by the Council in connection with the performance of its functions. ‘ The positions of Director for Mutual Security, Chairman of the Nationai Security Resources Board, Chairman of the Munitions Board, and Chairman of the Research and Development Board have been abolished by various Reorganizac‘icn Plans. The statutory members of the Na- ponal Security Council are the President, Vice President, Secretary of State, and Secretary of fense. 8 The specificaticn of the salary of the head of the National Security Council staff is obsolete and has been superseded. 3 The Classification Act of 1923 was repealed dy the Classificatiun Act of 1949. The Classifica- tion Act of 1949 was repealed by the law enacting title 5, United States Code (Public Law Rae 544. Sept. 6, 1966, 80 Stat. 378). and its provisions were codified as chapter 5] and subchapter a3 of tle 5 Section 7b) of that Act (80 Stat. 631) provided: “A reference to a law replaced by sec- tons 1-6 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.”
a 6 (d) The Council shall, from time to time, make such recommenda- tions, and such other reports to the President as it deems appropri- ate or as the President may require. CENTRAL INTELLIGENCE AGENCY Sec. 102. [50 U.S.C. 403] (a) There is hereby established under the National Security Council a Central Intelligence Agency with a Director of Central Intelligence who shall be the head thereof, and with a Deputy Director of Central Intelligence who shall act for, and exercise the powers of, the Director during his absence or dis- ability. The Director and the Deputy Director shal! be appointed by the President, by and with the advice and consert of the Senate, from among the commissioned officers of the armed services, whether in an active or retired status, or from among individuals in civilian life: Provided, however, That at no time shall the two positions of the Director and Deputy Director be occupied simulta- neoutly by commissioned officers of the armed services, whether in an active or retired status. (bX) If a commissioned officer of the armed services is appointed as Director, or Deputy Director, then— (A) in the performance of his duties as Director, or Deputy Director, he shal! be subject to no supervision, control, restric- tion, or prohibition (military or otherwise) other than would be operative with respect to him if he were a civilian in nc way connected with the Department of the Army, the Department of the Navy, the Department of the Air Force, or the armed services or any component thereof; and (B) he shall not possess or exercise any supervision, contro}, powers, or functions (other than such as he possesses, or is au- thorized or directed to exercise, as Director, or Deputy Direc- tor) with respect to the armed services or any component thereof, the Department of the Army, the Department of the Navy, or the Department of the Air Force, or any branch, bureau, unit, or division thereof, or with respect to any of the personne] (military or civilian) of any of the foregoing. (2) Except as provided in paragraph (1), the appointment to the office of Director, or Deputy Director, of a commissioned officer of the armed services, and his acceptance of and service in such office, shall in no way affect any status, office, rank, or grade he may occupy or hold in the armed services, or any emolument, perqul- site, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade. Any such commissioned officer shall, while serving in the office of Director, or Deputy Director, continue to hold rank and grade not lower than that in which serv- ing at the time of his appointment and to receive the military pay and allowance (active or retired, as the case may be, including per- sonal money allowance) payable to a commissioned officer of his grade and length of service for which the appropriate department shall be reimbursed from any funds available to defray the ex- penses of the Central Intelligence Agency. He also shall be paid by the Central Intelligence Agency from such funds an annual com- pensation at a rate equal to the amount by which the compensa-
7 tion established for such position exceeds the amount of his annual military pay and allowances. (8) The rank or grade of any such commissioned officer shall, during the period in which such commissioned officer occupies the office of Director of Central Intelligence, or Deputy Director of Cen- tral Intelligence, be in addition ta the numbers and percentages otherwise authcrized and appropriated for the armed service of which he is a member. (c) Notwithstanding the provisions of section 6 of the Act of August 24, 1912 (37 Stat. 555), or the provisions of any other law, the Director of Central Intelligence may, in his discretion, termi- nate the employment of any officer or employee of the Agency whenever he shall deem such termination necessary or advisable in the interests of the United States. but such termination shall not affect the right of such officer or employee to seek or accept em- ployment in any other department or agency of the Government if declared eligible for such employment by the United States Civil Service Commission.® (a) For the purpose of coordinating the intelligence activities of the several Government departments and agencies in the interest of national security, it shall be the duty of the Agency, under the direction of the National Security Council— (1) to advise the National Security Council in matters con- cerning such intelligence activities of the Government depart- ments and agencies as relate to national security; (2) to make recommendations to the National Security Coun- cil for the coordination of such intelligence activities of the de- partments and agencies of the Government as relate to the na- tional security; (3) to correlate and evaluate inteiligence relating to the na- tional security, and provide for the appropriate dissemination of such intelligence within the Government using where appro- priate existing agencies and facilites: Provided, That the Agency shall have no police, subpena, law-enforcement powers, or internal-security functions: Provided further, That the de- partments and other agencies of the Government shall contin- ue to collect, evaluate, correlate, and disseminate departmental intelligence: And provided further, That the Director of Cen- tral Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure; (4) to perform, for the benefit of the existing intelligence agencies, such additional services of common concern as the National Security Council determines can be more efficiently accomplished centrally; (8) to perform such other functions and duties related to in- telligence affecting the national security as the National Secu- rity Council may from time to time direct. * The cited Act of August 24, 1912, was repealed by the law enacting title 5, United States Code (Public Law 89-544, Sept. 6, 1966, 80 Stat. 378). The provisions of section 6 of that Act were codified as section 7501 cf title 5. * The functions of the Civil Service Commission were transferred to the Director of the Office of Personnel Man agement by section 102 of Reorganization Plan No. 2 of 1978 (82 Stat. 3783; 5 . nove
8 (e) To the extent recommended by the National Security Council and approved by tke President, such intelligence of the depart- ments and agencies of the Government, except as hereinafter pro- vided, relating to the national security shall be open to the inspec- tion of the Director of Central Intelligence, and such intelligence as relates to the national security and is possessed by such depart- ments and other agencies of the Government, except as hereinafter provided, shall be made available to the Director of Central Intelli- gence for correlation, evaluation, and dissemination: Pro:ided how- ever, That upon the written request of the Director of Central Intel- ligence, the Director of the Federal Bureau cf Investigation shall make available to the Director of Central Intelligence such infor- mation for correlation, evaluation, and dissemination as may be es- sential to the national security. (f} Effective when the Director first appointed under subsection (a) has taken office— (Ll) the National Intelligence Acthority (11 Fed. Reg. 1337, 1339, February 5, 1946) shall cease to exist; and (2) the personnei, property, and records of the Central Intel- ligence Group are transferred to the Central Intelligence Agency, and such Group shall cease to exist. Any unexpended dalances of appropriations, allocations, or other funds available or authorized to be made available for such Group shall be available and shall be authorized to be made available in like manner for expenditure by the Agency. NATIONAL SECURITY RESOURCES BOARD © Sec. 108. £50 U.S.C. 404] (a) The Director of the Office of De fense Mobilization,? subject to the direction of the President, is au- thorized, subject to the civil-service laws and the Classification Act of 1949,8 to appoint and fix the compensation of such personnel as may be necessary to assist the Director in carrying out his func- tions. (b) It shall be the function of the Director of the Office of Defense Mobilization to advise the President concerning the coordination of military, industrial, and civilian mobilization, including— (1) policies concerning industrial and civilian mobilization in order to assure the most effective mobilization and maximum utilization of the N tion’s manpower in the event of war; (2) programs for the effective use in time of war of the Na- tion’s natural and industrial resources for military and civilian needs, for the maintenance and stabilization of the civilian economy in time of war, and for the adjustment of such econo- my to war needs and conditions; *Section 103 deals with emergency preparedness. Section 50 of the Act of September 2, 1954 (68 Stat. 1244), eliminated former subsection (a), relating to the establishment cf the National Security Resources Board, and redesignated former subsections (b/d) as subsections (a}(c). The section heading was not aru:Jed accordingly. . . . , 1 The functions of the Director of the Office of Defense Mobilization under this section, which revivusly were cransferred to the President, were delegated to the Director of the Federal ergen ent Agency by section 4-102 of Executive Order So. 12148 (July 20, 1979, “PRG 9, 50 Use. App. 2251 note). . J *The Classificetion Act of 1949 was repealod by the law enacting title 5, United States Code ai Public Law 89-544, Sept. 6, 1966, 80 Stat. 37), end its provisions were codified as chapter 51 and subchapter 53 of that title.
i] (3) policies for unifying, in time of war, the activities of Fed- eral agencies and departments engaged in or concerned with production, procurement, distribution, or transportation of mil- itary or civilian supplies, materialz, and products; (4) the relationship between potential supplies of, and poten- tial requirements for, manpower, resources, and productive facilities in time of war; (5) policies for establishing adequate reserves of strategic and critical material, and for the conservation of these reserves; (6) the strategic relocation of industries, services, govern- ment, and economic activities, the continuous operation of which is essential to the Nation’s security. (c) In per*orming his functions, the Director of the Office of De- fense Mobilization shall utilize to the maximum extent the facili- ties and resources of the departments and agencies of the Govern- ment. TITLE H—THE DEPARTMENT OF DEFENSE Sec. 201. [Subsections a) and (b) were repealed by section 307 of Puolic Law 87-651 (Act of September 7, 1962, 76 Stat. 526). Subsec- tion (c) consisted of an arnendment to another Act.]} (d} [50 U.S.C. 408] Except to the extent inconsistent with the provisions of this Act, the provisions of title [V of the Revised Stat- utes? as now or hereafter amended shall be applicable tc the De- partment of Defense. [Sections 202-204 were repealed by section 307 of Public Law §7- 631 {Act of September 7, 1962, 76 Stat. 526).} DEPARTMENT OF THE ARMY Sec. 205. [Subsections (a), (d), and (e) were repealed by the law enacting titles 10 and 32, United States Code (Act of August i0, 1956, 70A Stat. 676)). (b) All laws, orders, regulations, and other actions relating to the Department of War or to any officer or activity whose title is changed under this section shall, insofar as they are not inconsist- ent with the provisions of this Act, be deemed to relate to the De- partment of the Army within the Department of Defense or to such officer or activity designated by his or its new title. (c) [50 U.S.C. 409%a)] the term “Department of the Army” as used in this Act shall be construed to mean the Department of the Army at the seat of government and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision cf the Department of the Army. DEPARTMENT OF THE NAVY Sec. 206. (a) £50 U.S.C. 409(b)] The term “Department of the Navy” as used in this Act shall be construed to mean the Depart- ment of the Navy at the seat of government; the headquarters, *Tide IV of the Revised Statutes consisted of sections 158-1598 of the Revised Statutes. Sec- tions 176 and 193 are codified as sections 492-: and 492-2 of title 31, United States Code. The remainder of those sections have been repealed or replaced by provisions of title 5, United States Code, as enacted. See the “Tables” volume of the United States Code for the distribution of specific sections.
10 United States Marine Corps; the entire operating forces of the United States Navy, including naval aviation, and of the United States Marine Corps, including the reserve components of such forces; all field activities, headquarters, forces, bases, installations, activities and functions under the control or supervision of the De- partment of the Navy; and the United States Coast Guard when operating as a part of the Navy pursuant to law. [Subsections (b) and (c) were repealed by the law enacting titles or 32, United States Code (Act of August 10, 1956, 70A Stat. DEPARTMENT OF THE AIR FORCE Sec. 207. [Subsections (a), (b), (d), (e), and (f) were repealed by the law enacting titles 10 and 32, United States Code (Act of August 10, 1956, 70A stat. 676)]. (c) [50 U.S.C. 409(c)] The term “Department of the Air Force’ as used in this Act shal] be construed to mean the Department of the Air Force at the seat of government and aii field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Department of the Air orce. [Section 208 (less subsection (c)) was repealed by the law enacting titles 10 and 32, United States Code (Act of August 10, 1956, 70A Stat. 676). Section 208(c) was repealed by the law enacting title 5, ban States Code (Public Law 89-544, September 6, 1966, 80 Stat. (Sections 209-214 were repealed by the law enacting titles 10 and 32, United States Code (Act of August 10, 1956, 70A Stat. 676).] TITLE MI—MISCELLANEOUS (Section 801 was repealed by the law enacting title 5, United States Code (Public Law 89-544, September 6, 1966, 80 Stat. 654).] (Section 302 was repealed by the law enacting titles 10 and 22, United States Code (Act of August 10, 1956, 70A Stat. 676).] ADVISORY COMMITTEES AND PERSONNEL Sec. 303. [50 U.S.C. 405] (a) The Director of the Office of De- fense Mobilization, the Director of Central Intelligence, and the National Security Counsel, acting through its Executive Secretary, are authorized to appoint such advisory committees and to employ, consistent with other provisions of this Act, such part-time adviso- ry personnel as they may deem necessary in carrying out their re- spective functions and the functions of agencies under their con- trol. Persons holding other offices or positions under the United States for which they receive compensation, while serving as mem- bers of such committees, shall receive no additional compensation for such service. Other members of such committees and other part-time advisory personnel so employed may serve without com- pensation or may receive compensation at a daily rate not to exceed the daily equivalent of the rate of pay in effect for grade GS-18 of the General Schedule established by section 5332 of title 5, United States Code, as determined by the appointing authority.
ll (b) Service of an individual as a member of any such advisory committee, or in any other part-time capacity for a department or agency hereunder, shall not be considered as service bringing such individual within the provisions of section 203, 205, or 207, of title 18, United States Code, unless the act of such individual, which by such section is made unlawful when performed by an individual re- ferred to in such section, is with respect to any particular matter which directly involves a department or agency which such person is advising or in which such department or agency is directly inter- (Sections 304-306 were repealed by the law enacting title 5, United States Code (Public Law 89-544, September 6, 1966, 80 Stat. 654).j AUTHORIZATION FOR APPROPRIATIONS Sec. 307. [50 U.S.C. 411] There are hereby authorized to be ap- propriated such sums a3 may be necessary and appropriate to carry out the provisions and purposes of this Act. DEFINITIONS Sec. 308. [50 U.S.C. 410] (a) '° As used in this Act, the term “function” includes functions, powers, and duties. (b) As used in this Act, the term, “Department of Defense’”’ sha!] be deemed to include the military departments of the Army, the Navy, and the Air Force, and all agencies created under title II of this Act. SEPARABILITY Sec 309. [50 U.S.C. 401 note] If any provision of this Act or the applicaticn thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be af- fected thereby. EFFECTIVE DATE Sec. 310. (50 U.S.C. 401 note] (a) The firs: sentence v. section 202 (a) and sections 1, 2, 307, 308, 309, and 310 shall take effect im- mediately upon the enactment of this Act. (b) Exept as provided in subsection (a), the provisions of this Act shall take effect on whichever of the following days is the earlier: The day after the day upon which the Secretary of Defense first appointed takes office, or the sixtieth day after the date of the en- actment of this Act. SUCCESSION TO THE PRESIDENCY Sec. 311. [Section 311 consisted of an amendment to the Act en- titled “An Act to provide for the performance of the duties of the office of President in case of the removal, resignation, death, or in- ability both of the President and Vice President’’.} *® Sectson 307 of Public Law 87-651 (Act of September 7, 1962, 76 Stat. 526) repealed section Pera) leas ita applicability to sections 2, 101-103, and 303.
12 [Title IV less section 411 was repeaded by section 307 of Public Law 87-651 (Act of September 7, 1962, 76 Stat. 526).] REPEALING AND SAVING PROVISIONS Sec. 411. [50 U.S.C. 412] All laws, orders, and regulations incon- sistent with the provisions of this title are repealed insofar as they are inconsistent with the powers, duties, and responsibilities en- acted hereby: Provided, That the powers, duties, and responsibil- ities of the Secretary of Defense under this title shall be adminis- tered in conformance with the policy and requirements for admin- istration of budgetary and fiscal matters in the Government gener- ally, including accounting and financial reporting, and that noth- ing in this title shall be construed as eliminating or modifying the powers, duties, and responsibilities of any other department, agency, or officer of the Government in connection with such mat- ters, but no such department, agency, or officer shall exercise any such powers, duties, or responsibilities in a manner that will render ineffective the provisions of this title. TITLE V—ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES !! CONGRESSIONAL OVERSIGHT Sec. 501. [50 U.S.C. 4289 (a) To the extent consistent with all applicable authorities and duties, including those conferred by the Constitution upon the executive and legislative branches of the Government, and to the extent consistent with due regard for the protection from unauthorized disclosure of classified information and information relating to intelligence sources and methods, the Director of Central Intelligence and the heads of ail departments, agencies, and other entities of the United States involved in intelli- gence activities shall— (1) keep the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives (hereinafter in this section referred to as the “intelligence committees”) fully and currently in- formed of all intelligence activities which are the responsibility of, are engaged in by, or are carried out for or on behaif of, any department, agency, or entity of the United States, including any significant anticipated intelligence activity, except that (A) the foregoing provision shall not require approval of the intelli- gence committees as a condition precedent to the initiation of any such anticipated intelligence activity, and (B) if the Presi- dent determines it is essential to limit prior notice to meet ex- traordinary circumstances affecting vital interests of the United States, such notice shall be limited to the chairman and ranking minority members of the intelligence committees, the Speaker and minority leader of the House of Representa- tives, and the majority and minority leaders of the Senate; \' This title is also set out post at page 177 along with other materials relating to congressional over- sight of intelligence activities.
13 (2) furnish any information or material concerning intelli- gence activities which is in the possession, custody, or control of any department, agency, or entity of the United States and which is requested by either of the intelligence committees in order to carry out its authorized responsibilities; and (3) report in a timely fashion to the intelligence committees any illegal intelligence activity or significant intelligence fail- ure and any corrective action that has been taken or is planned to be taken in connection with such illegal activity or failure. (b) The President shall fully inform the intelligence committees in a timely fashion of intelligence operations in foreign countries, other than activities intended solely for obtaining necessary intelli- gence, for which prior notice was not given under subsection (a) and shall provide a statement of the reasons for not giving prior notice. (c) The President and the intelligence committees shall each es- tablish such procedures as may be necessary to carry out the provi- sions of subsections (a) and (b). (d) the!? House of Representatives and the Senate, in consulta- tion with the Director of Central Intelligence, shall each establish, by rule or resolution of such House, procedures to protect from un- authorized disclosure all classified information and all information relating to intelligence sources and methods furnished to the intel- ligence committees cr to Members of the Congress under this sec- tion. In accordance with such procedures, each of the intelligence committees shall promptly call to the attention of its respective House, or to any appropriate committee or cornmittees of its re- spective House, any matter relating to intelligence activities re- quiring the attention of such House or such committee or commit- (e) Nothing in this Act shall be construed as authority to with- hold information from the intelligence committees on the grounds that providing the information to the intelligence committees would constitute the unauthorized disclosure of classified informa- tion or information relating to intelligence sources and methods. 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 thet the United States is taking affirmative measures to conceal such covert agent's intelligence relationship to the United States, So in original. . 33 Tile VI was added by the Intelligence Identities Protection Act of 1982 (Public Law 97-
14 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 beth. (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 ac- tivities of the United States, discloses any information that identi- fies an individual as a covert agent to any individual not author- ized 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 th. 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 is charged, the United States had publicly acknowledged or re- vealed the intelligence relationship to the United States of the indi- vidual the disclosure of whose intelligence relationship to the United States is the basis for the prosecution. (bX1) Subject to paragraph (2), no person other than a person committing an offense under section 601 shall be subject to pros- ecution under such section by virtue of section 2 or 4 of title 18, United States Code, or shall be subject to prosecution for conspir- acy 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 ac- tivities would impair or impede t 1e foreign intelligence activities of the United States, or (B) in the czse of a person who has authorized access to classified information. () It shall not be an offense under section 601 to transmit infor- mation described in such section directly to the Select Committee on Intelligence of the Senate or to the Permanent Select Commit- 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 Director of Central Intelligence, shall submit to the Select Commit- tee on Intelligence of the Senate and the Permanent Select Com-
15 mittee 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 committed outside the United States if the individual committing the offense is citizen of the United States or an alien lawfully ad- mitted to the United States for permanent residence (as defined in section 101(aX20) of the immigration and Nationality Act). PROVIDING INFORMATION TO CONGRESS Sec. 605. Nothing in this title may be construed as authority to withhold information from the Congress or from a committee of either House of Congress. DEFINITIONS Sec. 606. For the purposes of this title: (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 order), as requiring a specific degree of protection against un- authorized disclosure for reasons of national security. (2) The term “authorized”, when used with respect te access to classified information, means having authority, right, or per- mission pursuant to the provisions of a statute, Executive order, directive of the head of any department or agency en- gaged 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 assigr.ed to duty with an in- telligence agency— Gi) 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—
16 (i) who resides and acts outside the United States as an agent of, or informant or source of operational as- sistance 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 H (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 aj present or former agent of, or a present or former inform- ant 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 indi- | vidual 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 aii areas under the territoria! sovereignty of the United States and the Trust Territory of the Pacific Islands. | (16) The term “pattern of activities” requires a series of acts | with 2 common purpose or objective. } aS ee oe ee ee ee ae ene