DRAFT CRIMINAL LEGISLATION PROHIBITING DISCLOSURE OF RESTRICTED DEFENSE INFORMATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP05C01629R000100070005-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 22, 2016
• Document Release Date: August 17, 2011
• Sequence Number: 5
• Content Type: MISC

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DRAFT CRIMINAL LEGISLATION
PROHIBITING DISCLOSURE OF
RESTRICTED DEFENSE INFORMATION
AN ACT to amend the National Security Act of 1947 to
prohibit the unauthorized disclosure of restricted defense
information
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That this Act may be cited as the "Defense Information
Protection Act of 1983."
Sec. 2.(a) The National Security Act of 1947 is
amended by adding at the end thereof the following new
title:
"TITLE VII -- PROTECTION OF RESTRICTED DEFENSE INFORMATION
PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION
Sec. 701. (a) Whoever, having or having had authorized
access to restricted defense information, intentionally
discloses any such information to any individual not autho-
rized to receive classified information, knowing that the
information disclosed is restricted defense information,
shall be fined not more than [ ] or imprisoned not more
than [ ] years, or both.
(b) Whoever, as a result of having authorized
access to classified information, obtains restricted defense
information and intentionally discloses such information to
any individual not authorized to receive classified informa-
tion, knowing that the information disclosed is restricted
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defense information, shall be fined not more than [ ] or
imprisoned not more than [ ] years, or both.
(c) Whoever, not as the result of having authorized
access to classified information, obtains restricted defense
information and intentionally discloses such information to
any individual not authorized to receive classified informa-
tion, knowing that the information disclosed is restricted
defense information, shall be fined not more than [ ] or
imprisoned not more than [ ] years, or both.
DEFENSES AND EXCEPTIONS
Sec. 702. (a) It is a defense to a prosecution under
section 701 that before the commission of the offense with
which the defendant is charged, an employee or official of
the United States acting in the course of official respon-
sibilities had previously publicly disclosed or revealed the
restricted defense information so as to compromise the
secrecy thereof.
(b) It is a defense to a prosecution under section 701(a)
that the individual making the disclosure was authorized to
do so by the United States Government pursuant to
regulations and procedures promulgated to provide for
official disclosures of restricted defense information.
(c) No person other than a person committing an offense
under section 701 shall be subject to prosecution under such
section by virtue of section 2 or 4 of title 18, United
States Code, or shall be subject to prosecution for conspi-
racy to commit an offense under such section.
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(d) It shall not be an offense under section 701 to
transmit restricted defense information directly to the
following committees of the Senate and of the House of
Representatives: [ I.
REPORT
Sec. 703. (a) The President, after receiving information
from the Director of Central Intelligence, the Secretary of
Defense, and the Attorney General, shall submit to the
Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives an annual report on measures to protect
restricted defense information and on the operation and
effectiveness of this Title, including suggested amendments
to this Title.
(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, 1985.
EXTRATERRITORIAL JURISDICTION
Sec. 704. There is jurisdiction over an offense under
section 701 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(a)(20) of
the Immigration and Nationality Act).
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PROVIDING INFORMATION TO CONGRESS
Sec. 705. 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. 706. For the purpose of this title:
(a) The term "restricted defense information" means
information that is classified as Top Secret and
(1) is Restricted Data as defined in section
2014(y) of title 42, United States Code; or
(2) describes the technical design of weapons
systems; or
(3) describes sources or methods of obtaining
signals intelligence or satellite reconnaisance.
(b) The term "classified information" means informa-
tion 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 unauthorized disclosure for
reasons of national security.
(c) 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
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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.
(d) The term "disclose" means to communicate,
provide, impart, transmit, transfer, convey, publish, or
otherwise make available.
(e) The term "United States," when used in a geo-
graphic sense, means all areas under the territorial sover-
eignty of the United States and the Trust Territory of the
Pacific Islands."
Sec. 2.(b) The table of contents at the beginning of
such Act is amended by adding at the end thereof the following:
"TITLE VII -- PROTECTION OF RESTRICTED DEFENSE
INFORMATION
Sec. 701. Protection of certain national security
information.
Sec. 702. Defenses and exceptions.
Sec. 703. Report.
Sec. 704. Extraterritorial jurisdiction.
Sec. 705. Providing information to Congress.
Sec. 706. Definitions."
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