Protection of identities of certain members of the Armed Forces who are special operators or perform sensitive activities

(a) Criminal penalty Section 601 of the National Security Act of 1947 (50 U.S.C. 3121) is amended as follows: (1) In subsection (a)— (A) by striking a covert agent and inserting a covert agent or protected defense individual; (B) by striking identifying such covert agent and inserting identifying such covert agent or such protected defense individual; (C) by striking identifies such covert agent and inserting identifies such covert agent or such protected defense individual; and (D) by inserting after United States, the following: or that the United States is taking affirmative measures to conceal such individual’s service in a sensitive unit or participation in a Department of Defense sensitive activity,. (2) In subsection (b)— (A) by striking a covert agent and and inserting a covert agent or protected defense individual and; (B) by striking identifying such covert agent and inserting identifying such covert agent or such protected defense individual; (C) by striking identifies such covert agent and inserting identifies such covert agent or such protected defense individual; and (D) by inserting after United States, the following: or that the United States is taking affirmative measures to conceal such protected defense individual’s service in a sensitive unit or participation in a Department of Defense sensitive activity,. (3) In subsection (c)— (A) by striking covert agents and inserting covert agents or protected defense individuals; (B) by striking as a covert agent and inserting as a covert agent or protected defense individual; and (C) by inserting after to the United States, the following: or that the United States is taking affirmative measures to conceal such individual’s service in a sensitive unit or participation in a Department of Defense sensitive activity,. (b) Defenses and exceptions Section 602 of such Act (50 U.S.C. 3122) is amended— (1) in subsection (a)— (A) by striking It is a defense to a prosecution under section 601 and inserting (1) With respect to a prosecution under section 601 relating to the identity of a covert agent, it is a defense; and (B) by adding at the end the following new paragraph: (2) With respect to a prosecution under section 601 relating to the identity of a protected defense individual, it is a defense before the commission of the offense with which the defendant is charged, the United States had publicly acknowledged or revealed that the individual, in the course of serving in the Armed Forces, served in a sensitive unit or participated in a Department of Defense sensitive activity.; (2) in subsection (b), by inserting or protected defense individuals after covert agents; and (3) in subsection (d), by inserting after to disclose information that solely identifies himself as a covert agent the following: or as an individual who, in the course of serving in the Armed Forces or being employed by the Department of Defense, served in a sensitive unit or participated in a Department of Defense sensitive activity. (c) Definitions Section 605 of such Act (50 U.S.C. 3126) is amended by adding at the end the following new paragraphs: (11) The term protected defense individual means the following: (A) A member of the special operations forces of the Armed Forces serving in a sensitive unit. (B) A member of the Armed Forces or civilian personnel of the Department of Defense who is serving in a sensitive unit or who participates in a sensitive activity. (12) The term sensitive activity has the meaning given the term Department of Defense sensitive activity in section 130g of title 10, United States. (13) The term sensitive unit has the meaning given that term in section 130b of title 10, United States Code.. (d) Clerical amendment Section 601 of the National Security Act of 1947 (50 U.S.C. 3121) is amended in the heading by adding at the end the following:, and certain other individuals (and by conforming the table of contents at the beginning of such Act accordingly).