CIA - INTELLIGENCE AUTHORIZATION ACT DRAFT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP88G01117R000401040002-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 22, 2016
• Document Release Date: November 1, 2011
• Sequence Number: 2
• Content Type: MISC

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a. Attorney General and Department or Agency head must
certify to court pre-indictment that at time of
disclosure information was properly classified
b. Certification conclusive unless dependent shows (1)
information was available from public sources, or (2)
information clearly did not meet criteria for
classification
c. If dependant challenges classification as in (b),
government must establish for the court what damage to
the national security could have been expected from
the disclosure. Court can determine the information
was properly classified in camera, ex parte, as a
matter of law
2. Covers intentional DISCLOSURES BY OFFICERS AND EMPLOYEES
AND PERSONS WITH AUTHORIZED ACCESS
3. Covers DISCLOSURES TO PERSONS WHO ARE NOT OFFICERS OR
EMPLOYEES AND WHO ARE NOT AUTHORIZED TO HAVE ACCESS TO CLASSIFIED
INFORMATION
4. Does not cover disclosures to the federal judiciary or
committee or subcommittees of Congress
5. DEFENSES
a. Information has been OFFICIALLY DISCLOSED
b. Defendant OBTAINED INFORMATION INDEPENDENTLY (NOT AS A
RESULT OF AUTHORIZED ACCESS)
c. Defendant OBTAINED PREPUBLICATION CLEARANCE OR COURT
ORDER OVERRULING CLASSIFICATION
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n ttj o f d 4.2 -a L' N T'
TITLE VI - MODIFICATION OF CERTAIN NATUPALIZATION SEQUlRrKU-TS
I~i9zation and llationelity Act Amendment
SEC. 601. section 316 of the Ii+aigzation and Rationality
Act (8 U.S.C. 1427) is amended by adding at the end thereof the
following new subsection.:
'(9)(1) Whenever the Director of Central the Attorney General and the CpasmissioneroflmInteie
migrationce,
determine that a petitioner otherwise eligible for
naturalization has Bade a significant contribution to the
national security or to the national intelligence mission,
the petitioner say be naturalized without regard to the
residence and physical presence requirements of this
section, or to the prohibitions of Section 313 of this Act,
and no residence within the jurisdiction of the court shall
be required.
(2) ? petition under this provision say be filed,
.without regard to the residence of the petitioner, in an
district court of the United States. The court shall y
conduct proceedings under this subsection in a canner
consistent with the protection of intelligence sources,
.methods and activities.'
TITLE VII - U UTHQRRZED DISCLOSGRES OF GiaSSIpIED n!'OR hTIOa
Unauthorized Disclosure Amendment
SEC. 701. The National Security` Act of 1947 (SO U.s.C. 401
et seq.) is amended by adding at the end thereof the following
new subchapter:
`LU) MAPTFR VII
Unauthorised Disclosure of Classified Information
701. Unauthorized Disclosure of Classified Information
. (a) Whoever, being or having been an ffi
employee of the United states or a rso oz
or having had authorized access to classifieding
information, willfully discloses, or attempts
disclose, any classified information to a perm
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who is not an officer or employee of the United
States and who does not have suthorited access
to classified information. shall be tined not
sore than 125,000, or imprisoned not sore than
five years, or both.
(b) Whoever, being or having been an officer or
employee of the United States or a person having
had authorized access to classified information,
willfully aids or abets the violation of
subsection (a), shall be fined not sore than
*25,000, or imprisoned not more than five years,
or both.
(c) As used in this section --
(i) the term 'classified information' moans any
information or material that has been
determined by the United States Government
pursuant to an Ziecutive order, statute or
regulation, to require protection against
unauthorized disclosure for reasons of
national security;
(ii) the term 'disclose" or 'discloses' means to
communicate, furnish, deliver, transfer,
? impart, provide, publish, convey, or
otherwise sake available;
(iii) the term 'authorised access' seans having
authority, right, or permission to receive
classified information or material within
the scope of authorized government
activities or pursuant to the provisions of
a statute. Lsecutive order, directive of
the bead of any department or agency who is
ampowered to classify information, order of
any United States court, or provisions of
any Rule of the Souse of Representatives or
resolution of the Senate which governs the
handling of classified information by the
respective Souse of Congress.
(d) Nothing in this section shall be construed to
establish criminal liability for disclosure of
classified information in accordance with
applicable law to:
(i) any court of the United states, or judge or
justice thereof; or
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(ii) the Senate or House of Representatives, or
any committee, subcommittee or joint
committee thereof.
(e) It is an affirmative defense to a prosecution
under this section that:
(i) before the defendant's disclosure, the
information that provides the basis for
prosecution under this section officially
had been disclosed publicly; or
(ii) the defendant did not obtain the classified
information that provides the basis for
prosecution under this section as a result
of his duties as an officer or employee of
the United states, or as a result of
authorised access to classified
information; or
(iii) the defendant has submitted the information
that provides the basis for prosecution
under this section to a department or
agency of the United States for
prepublication review, whether under a
contract which provides for such review or
otherwise, or for declassification review
pursuant to the provision of an =tecutive
order, and (a) the United States informed
defendant that it did not object to
disclosure, or (b) the United States
objected to such disclosure, or denied
declassification, and such objection or
denial was overruled in a final opinion or
ruling of.a court of the United States.
(f) prosecution under this section shall be barred
unless, prior to the return of an Indictment or
the filing of any information, the Attorney
General and the head of the department or agency
responsible for the classified information
jointly certify in writing that, at the time of
the disclosure, the information constituted
properly classified information. Such
certification shall be conclusive as to the
propriety of the classification exce t that, if
a defendant demonstrated that the a ormation
that provides the basis for prosecution under
this section was available from public sources
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or sakes a prima facie showing that the
information did not acct the substantive
criteria for classification under applicable
law, the rosecution way roceed if the United -Thror
states es a the t
iat Lae t -The
are was *as ed
"FAM the cular losure --onabl
ieM OrRoalld..to
dam e the ftatqf-%Zl
z t . The court, based upon submissions of
n ant andthe United States, shall determine
whether the information was properly
classified. Upon request of the United States,
the court's determination of the issue shall be
in camera, e: arte. Any determination by the
court ta-e propriety of the classification
shall be de Novo and a matter of law, and shall
be conclusive zcept as provided in subsection
(9) below.
9) An Interlocutory
lie to a court by the United states
shall or order of the court withress from a decision
peel to the
propriety of the classification-of the
information that provides the basis for
prosecution under this section.
(h) There is jurisdiction under this section over an,
offense cosmitte4 outside the United states.?
SEC. 702. The table of contents of Chapter 15 of Title S0,
United states Code, is amended to.include the following'Caption t
0427. Unauthorised Disclosure of Classified
Information'.
TITLE VIII - PERSONAL LIABILITY AtU:tMZ.,? TO TIE
*ATIOt1AL SECURITY ACT OF 1947
Personal Liability Amendment
SEC. 601. The National Security Act of 1947 (50 U.S.C.
) i
401?
et seq.
s amended by adding at the end of subchapter VII
following new subchapters
the
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-- Department and agency heads can create special access
programs if authorized by statute or executive order
2. Covers INTENTIONAL DISCLOSURES BY PERSONS WITH AUTHORIZED
ACCESS AND KNOWLEDGE INFORMATION IS WITHIN SPECIAL ACCESS PROGRAM
3. Covers SUCH DISCLOSURES TO PERSONS WHO DO NOT HAVE
AUTHORIZED ACCESS TO SUCH SPECIAL ACCESS PROGRAM INFORMATION
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To protect certain categories of classified information
from unauthorized disclosure, and for other purposes.
Be it enacted by the Senate and the House of
Representatives of the United States of America in Congress
assembled,
The National Security Act of 1947 (50 U.S.C. $01 et seg.)
is amended by adding at the end thereof the following new title:
'TITLE VIII--UNAUTHORIZED DISCLOSURE OF CERTAIN CLASSIFIED
Sec. 601. (a) Whoever, having or having had authorized access
to classified information included within a special access
program, willfully discloses or attempts to disclose any such
information, knowing or having reason to know it to be included
within a special access program, to any person who does not
have authorized access to such information, shall be fined not
more than $25,000, and imprisoned for up to the period of his
or her natural life but for not less than five years, or both.
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(b) As used in this section --
(i) the term 'classified information' means any
information or material that has been designated
and clearly marked or represented, pursuant to
the provisions of a statute, Executive order, or
regulation, as requiring protection against
unauthorized disclosure for reasons of national
security;
(ii) the term 'special access program' means a program
created by the head of any agency, pursuant to a
statute or Executive order, to control access,
distribution, and protection of particularly
sensitive classified information;
(iii) the term 'disclose' or 'discloses' means to
communicate, provide, impart, transmit, transfer,
convey, publish, or otherwise make available;
(iv) the term 'authorized access' means having
authority, right, or permission to receive
information or material within the scope of
authorized government activities or pursuant to
the provisions of a statute, international
agreement, Executive order, regulation, United
States court order, or Congressional rule or
resolution.'
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2. Covers INTENTIONAL DISCLOSURES BY OFFICERS AND EMPLOYEES
(BUT NOT OTHERS WITH AUTHORIZED ACCESS)
3. Covers SUCH DISCLOSURES TO PERSONS WHO ARE NOT AUTHORIZED
TO RECEIVE CLASSIFIED INFORMATION
4. Disclosures intent to authorize withholding information
from Congress
DoJ Position (1983)
In 1983, DOJ provided comments to OMB which generally
supported a CIA proposal similar to the Stump draft but which also
covered DISCLOSURES BY PERSONS WITH AUTHORIZED ACCESS TO
CLASSIFIED INFORMATION, in addition to disclosure by officers and
employees.
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Director of the Psderal bureau of Investigation by Wagra;h (3) of this
? ' - awa1l be done on a ossrby-oast basis with rss j ct to tta~iti b,
a member of a fareign mission from arp- state vt,ich doss mot routinely
permit members of Ddtad States missions to that state to travel without
h r draroe to arras in that state similar to those da=tbad in paragraph
(2) of this a .t action. ?.
11
?'1'I7Iz N
SEC. 401. this title my be cited as the 'lyderal Employee iw
SlIdeclos=* of Classified Information Act'.
. 402. (a) Diaper 93 of title 10, Ddted States Coe is q14 by
adding at the and thereof the follovirg Herr section:
01924. ohauthorised Ddsclorure of C3hssMad
by lyderal larsamel -
a W Weever, balr:p an odf3+o,r be a^iploYee of the Qsitrd itaLes,
tiarALW
? discloses lnf= atlcn to an. ndfVIA a1 cot authcCised
to receive classified Information shall be lined $15,000 or lsErisanrd for Wt
sore than thrre cars, or both.
(b) It Shall be a defense to prosecution fader this section that the
dlefeadant reasonably believed that be bed lrvful autbarity to disclose the
classified informstian In the circumstances.
(c) Nothing In this section sha11 be construed to authorise or permit
the withholding of infocsation from the OonQress.
e (d) liar purposes of this section -
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~(1) 'authorised' means having authority, tight, or RsUission
Pasant to the provisions of a statute, MOecvtive order
, d1tecttve of the
two of wW dSparbmt
wq&W in foreign ttlations, nano al defenses or
reign intelli9ersoa or terintelligence activities, order of
the Mired states, or rule to ~D' court of
alutim of the !tote of MWesenLtives cc
the senate=
(2) 'c1sssified infort . has the a an. g aet forth in Section
l (a) of the Classitiad Infacstticn pt rac Act (1Q O.S.C. App.) _
?(3) 'd' tw the s*aning Met forth in SmUen aatiorial Secwri y Act of 1947 (50 O.S.C. 426 X06 tl) of the
? ? (3))l and
r' (4) 'officer or tq1,o of the Odted states
the civil arerviQ cc the a~s ~ amber of
the oil f ?ir d services as dettned in d-'t 2101 of
'
title 5, United states Code
(b), The t9de of oantants of WOW
m4ter. 93 of title 1e, D it d states Code
IS M dad by addirq at the Ord thereof the following ?
3924. ttssuttrorisrd%
lrrsonrel. ". of Classified rtion by lyderal
Sinz V
WC. S01. mss title mw be cited as the s oral Polygraph and
Pr. 1icstson htviev LLaitatian Act`.
ttC. 502. (a) Chapter 73 of tithe S, D itad States Code Is =wded by
adding at the end thereof the fallo~ring new chapter:
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