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50 U.S.C. § 3142 — Defenses and exceptions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Disclosure by United States of identity of covert agent** It is a defense to a prosecution under [section 3121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3121&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3121&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3121&num=0&edition=prelim) 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 offe
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3142
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Stable record: federal_law:legal_authorities:record_usc_3b4ed004de265fb05020f1b5
Source file: Laws/federal/codes/united-states-code/title-50/section-3142-defenses-and-exceptions--734919869b.md
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Passage SHA-256: 26a7dd648edded8d88753332e9690c30da318faa6bb2af0bbd863599d66f91ff
Source location: Title 50, Chapter 44, § 3142; chapter-044-national-security.md
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**(a) Disclosure by United States of identity of covert agent** It is a defense to a prosecution under [section 3121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3121&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3121&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3121&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3121&num=0&edition=prelim) for an individual to disclose information that solely identifies himself as a covert agent.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports** Not later than January 31 of each year, the Director of National Intelligence shall submit to the congressional intelligence committees a report—
(1) identifying all domestic activities undertaken by each element of the intelligence community during the prior fiscal year; and
(2) for each activity identified under paragraph (1), a statement of the legal authority authorizing such activity to be undertaken.
**(b) Form** Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3121
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 415d, comprising section 508 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3107&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 422
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Disclosure of foreign intelligence**
(1) Except as otherwise provided by law and subject to paragraph (2), the Attorney General, or the head of any other department or agency of the Federal Government with law enforcement responsibilities, shall expeditiously disclose to the Director of National Intelligence, pursuant to guidelines developed by the Attorney General in consultation with the Director, foreign intelligence acquired by an element of the Department of Justice or an element of such department or agency, as the case may be, in the course of a criminal investigation.
(2) The Attorney General by regulation and in consultation with the Director may provide for exceptions to the applicability of paragraph (1) for one or more classes of foreign intelligence, or foreign intelligence with respect to one or more targets or matters, if the Attorney General determines that disclosure of such foreign intelligence under that paragraph would jeopardize an ongoing law enforcement investigation or impair other significant law enforcement interests.
**(b) Procedures for notice of criminal investigations** Not later than 180 days after October 26, 2001, the Attorney General, in consultation with the Director of National Intelligence, shall develop guidelines to ensure that after receipt of a report from an element of the intelligence community of activity of a foreign intelligence source or potential foreign intelligence source that may warrant investigation as criminal activity, the Attorney General provides notice to the Director, within a reasonable period of time, of his intention to commence, or decline to commence, a criminal investigation of such activity.
**(c) Procedures** The Attorney General shall develop procedures for the administration of this section,
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3043a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemption of certain operational files from search, review, publication, or disclosure**
(1) The Director of the National Geospatial-Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the National Geospatial-Intelligence Agency from the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) which require publication, disclosure, search, or review in connection therewith.
(2)
(A) Subject to subparagraph (B), for the purposes of this section, the term “operational files” means files of the National Geospatial-Intelligence Agency (hereafter in this section referred to as “NGA”) concerning the activities of NGA that before the establishment of NGA were performed by the National Photographic Interpretation Center of the Central Intelligence Agency (NPIC), that document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems.
(B) Files which are the sole repository of disseminated intelligence are not operational files.
(3) Notwithstanding paragraph (1), exempted operational files shall continue to be subject to search and review for information concerning—
(A) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of section 552 or 552a of title 5;
(B) any special activity the existence of which is not exempt from disclosure under the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim); or
(C) the specific subject matter of an investigation by any of the following fo
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3162
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 403–5c, comprising section 105C of the National Security Act of 1947, act July 26, 1947, ch. 343, was renumbered section 702 of act July 26, 1947, by Pub. L. 108–136, div. A, title IX, § 922(c), Nov. 24, 2003, 117 Stat. 1573, and transferred to [section 432 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section432&num=0&edition=prelim), which was editorially reclassified as [section 3142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3142&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 403–5e
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 432, comprising section 702 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3142&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 432b
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Federal law — U.S. Code and appendices · legal_authorities
Page 698
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3142
cy, in fact, considered the criteria set forth in sub-
section (b) of this section in conducting the required
review.’’
Pub. L. 108–136, § 922(b)(2)(F)(i), substituted ‘‘with this
subsection’’ for ‘‘with this section’’ in first sentence.
2002—Subsec. (c)(3). Pub. L. 107–306 substituted ‘‘con-
gressional intelligence committees’’ for ‘‘intelligence
committees of the Congress’’.
1996—Subsec. (b)(3). Pub. L. 104–93 substituted ‘‘Office
of Personnel Security’’ for ‘‘Office of Security’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2004 AMENDMENT
For Determination by President that amendment by
Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo-
randum of President of the United States, Apr. 21, 2005,
70 F.R. 23925, set out as a note under section 3001 of this
title.
Amendment by Pub. L. 108–458 effective not later
than six months after Dec. 17, 2004, except as otherwise
expressly provided, see section 1097(a) of Pub. L.
108–458, set out in an Effective Date of 2004 Amendment;
Transition Provisions note under section 3001 of this
title.
EFFECTIVE DATE
Pub. L. 98–477, § 4, Oct. 15, 1984, 98 Stat. 2212, provided
that: ‘‘The amendments made by subsections (a) and (b)
of section 2 [enacting this subchapter and amending
section 552a of Title 5, Government Organization and
Employees] shall be effective upon enactment of this
Act [Oct. 15, 1984] and shall apply with respect to any
requests for records, whether or not such request was
made prior to such enactment, and shall apply to all
civil actions not commenced prior to February 7, 1984.’’
§ 3142.
Operational
files
of
the
National
Geospatial-Intelligence Agency
(a) Exemption of certain operational files from
search, review, pub
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3142
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.