H.R. 133 - INTELLIGENCE OFFICER IDENTITY PROTECTION ACT OF 1981

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000200070023-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 21, 2016
• Document Release Date: October 30, 2008
• Sequence Number: 23
• Content Type: MISC

Approved For Release 2008/10/30: CIA-RDP85-00003R000200070023-4
H.R. 133
INTRODUCED BY: Rep. Charles E. Bennett (D., FL) on 5 January
1981 and referred to the HPSCI and the Judi-
ciary Committee.
PURPOSE: To prohibit the unauthorized disclosure of information
concerning individuals engaged or assisting in foreign
intelligence or counterintelligence activities.
TITLE: "Intelligence Officer Identity Protection Act of 1981"
APPROACH:
(i) Would amend U.S. Criminal Code, title 18;
(ii) Similar to approach taken in H.R. 4 and S. 391 in that
Mr. Bennett's Bill does not limit prosecution to individuals
having or having had access to classified or other identifying
information, but would also render criminal the unauthorized
disclosure of the protected information by "anyone" who makes
the unauthorized disclosure;
(iii) Three categories of potential defendant:
-- Strict criminal liability for the knowing
unauthorized disclosure of identifying information
by anyone who is or has been an officer or employee
of the U.S. or member of the U.S. uniformed services;
-- Strict criminal liability for the knowing
unauthorized disclosure of identifying information
by anyone who has or has had lawful access to such
identifying information;
-- Criminal liability for the knowing unauthorized
disclosure of identifying information by anyone, where
damage to U.S. foreign intelligence or foreign counter-
intelligence efforts or prejudice to the safety or well-
being of the individual identified can be dempnstrated;
(iv) Penalty for all three categories is same: imprison-
ment of not more than ten years or $100,000 fine, or both;
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(v) Also contains "false identification" provision; must
show prejudice to the Government safety or well-being of the
falsely identified individual or damage (adverse affect) to
the foreign affairs functions of the U.S.;
(vi) Penalty for false identification is imprisonment for
not more than five years or $50,000 fine, or both;
(vii) Would provide injunctive relief upon an in camera
showing that jeopardy to the safety or well-being of a U.S.
individual would result from the disclosure or that U.S.
foreign intelligence or counterintelligence activities or
the foreign affairs functions of the U.S. would be irreparably
damaged;
(viii) Recipient of unauthorized disclosure would not be
subject to prosecution as an accomplice or for conspiracy.
Approved For Release 2008/10/30: CIA-RDP85-00003R000200070023-4