50 U.S.C. § 3122

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 3122 - Defenses and exceptions

(a) Disclosure by United States of identity of covert agent

It is a defense to a prosecution under section 3121 of this title that before the commission of the offense with which the defendant is charged, the United States had publicly acknowledged or revealed the intelligence relationship to the United States of the individual the disclosure of whose intelligence relationship to the United States is the basis for the prosecution.

(b) Conspiracy, misprision of felony, aiding and abetting, etc.

(1) Subject to paragraph (2), no person other than a person committing an offense under section 3121 of this title shall be subject to prosecution under such section by virtue of section 2 or 4 of title 18 or shall be subject to prosecution for conspiracy to commit an offense under such section.

(2) Paragraph (1) shall not apply (A) in the case of a person who acted in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States, or (B) in the case of a person who has authorized access to classified information.

(c) Disclosure to select congressional committees on intelligence

It shall not be an offense under section 3121 of this title to transmit information described in such section directly to either congressional intelligence committee.

(d) Disclosure by agent of own identity

It shall not be an offense under section 3121 of this title for an individual to disclose information that solely identifies himself as a covert agent.

50 U.S.C. § 3122

July 26, 1947, ch. 343, title VI, §602, as added Pub. L. 97-200, §2(a), June 23, 1982, 96 Stat. 122; amended Pub. L. 107-306, §353, 116 Stat. 2402.

EDITORIAL NOTES

CODIFICATIONSection was formerly classified to section 422 of this title prior to editorial reclassification and renumbering as this section.

AMENDMENTS2002-Subsec. (c). Pub. L. 107-306 substituted "either congressional intelligence committee" for "the Select Committee on Intelligence of the Senate or to the Permanent Select Committee on Intelligence of the House of Representatives".

foreign intelligence

The term "foreign intelligence" means information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities.

intelligence

The term "intelligence" includes foreign intelligence and counterintelligence.