CRS Legal Sidebar
Prepared for Members and
Committees of Congress
Criminal Prohibitions on Disclosing the
Identities of Covert Intelligence Assets
Jennifer K. Elsea
Legislative Attorney
February 6, 2018
The recent arrest of a former Central Intelligence Agency (CIA) officer with knowledge of human
intelligence operations targeting China that reportedly have been compromised raises questions regarding
possible legal recourse the United States may take. The alleged perpetrator, Jerry Chun Shing Lee, was
arrested in New York and is being transferred to Virginia on a criminal complaint alleging willful
retention of national defense information in violation of the Espionage Act. Such an offense is punishable
by up to 10 years’ imprisonment and a fine. If other reported allegations regarding the damage to the U.S.
human intelligence network can be substantiated, more charges may be possible. For example, if, as
alleged, the retained information was disclosed to any person not authorized to receive it, the Espionage
Act, 18 U.S.C. §793(e) could also be charged.
More serious charges could potentially stem from 18 U.S.C. §794, which applies when protected national
security information is given to a foreign government for its benefit or to the detriment of the United
States. Punishment up to life imprisonment is available plus forfeiture of any property gained due to the
violation or used for it. The death penalty is available in the event of a finding that “the offense resulted in
the identification by a foreign power … of an individual acting as an agent of the United States and
consequently in the death of that individual,” among other things.
The Intelligence Identities Protection Act (IIPA) may be another potential source for criminal charges in
the case. 50 U.S.C. §3121 provides, in pertinent part:
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 under Title 18 or imprisoned
not more than 15 years, or both.
Congressional Research Service
7-5700
www.crs.gov
LSB10072
