50 U.S.C. § 3125 — Providing information to Congress

Page 694 TITLE 50—WAR AND NATIONAL DEFENSE § 3122 (July 26, 1947, ch. 343, title VI, § 601, as added Pub. L. 97–200, § 2(a), June 23, 1982, 96 Stat. 122; amended Pub. L. 106–120, title III, § 304(b), Dec. 3, 1999, 113 Stat. 1611; Pub. L. 111–259, title III, § 363(a), Oct. 7, 2010, 124 Stat. 2701.) Editorial Notes CODIFICATION Section was formerly classified to section 421 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–259, § 363(a)(1), sub- stituted ‘‘15 years’’ for ‘‘ten years’’. Subsec. (b). Pub. L. 111–259, § 363(a)(2), substituted ‘‘10 years’’ for ‘‘five years’’. 1999—Subsec. (a). Pub. L. 106–120, § 304(b)(2)(A), sub- stituted ‘‘shall be fined under title 18’’ for ‘‘shall be fined not more than $50,000’’. Subsec. (b). Pub. L. 106–120, § 304(b)(2)(B), substituted ‘‘shall be fined under title 18’’ for ‘‘shall be fined not more than $25,000’’. Subsec. (c). Pub. L. 106–120, § 304(b)(2)(C), substituted ‘‘shall be fined under title 18’’ for ‘‘shall be fined not more than $15,000’’. Subsec. (d). Pub. L. 106–120, § 304(b)(1), added subsec. (d). § 3122. Defenses and exceptions (a) Disclosure by United States of identity of cov- ert 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 sec- tion 3121 of this title shall be subject to prosecu- tion 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 sec- tion. (2) Paragraph (1) shall not apply (A) in the case of a person who acted in the course of a pat- tern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the for- eign 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 in- telligence 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 informa- tion that solely identifies himself as a covert agent. (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, title III, § 353(b)(9), Nov. 27, 2002, 116 Stat. 2402.) Editorial Notes CODIFICATION Section was formerly classified to section 422 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2002—Subsec. (c). Pub. L. 107–306 substituted ‘‘either congressional intelligence committee’’ for ‘‘the Select Committee on Intelligence of the Senate or to the Per- manent Select Committee on Intelligence of the House of Representatives’’. § 3123. Repealed. Pub. L. 112–277, title III, § 310(a)(4)(A), Jan. 14, 2013, 126 Stat. 2475 Section, act July 26, 1947, ch. 343, title VI, § 603, as added Pub. L. 97–200, § 2(a), June 23, 1982, 96 Stat. 123; amended Pub. L. 107–306, title III, § 353(b)(1)(B), title VIII, § 811(b)(1)(E), Nov. 27, 2002, 116 Stat. 2402, 2422; Pub. L. 108–458, title I, § 1071(a)(1)(CC), Dec. 17, 2004, 118 Stat. 3689; Pub. L. 111–259, title III, § 363(b), Oct. 7, 2010, 124 Stat. 2702, required an annual report by the President to Congress on measures to protect identities of covert agents, with an exemption from disclosure. Section was formerly classified to section 423 of this title and repealed prior to editorial reclassification and renumbering as this section. § 3124. Extraterritorial jurisdiction There is jurisdiction over an offense under sec- tion 3121 of this title committed outside the United States if the individual committing the offense is a citizen of the United States or an alien lawfully admitted to the United States for permanent residence (as defined in section 1101(a)(20) of title 8). (July 26, 1947, ch. 343, title VI, § 603, formerly § 604, as added Pub. L. 97–200, § 2(a), June 23, 1982, 96 Stat. 123; renumbered § 603, Pub. L. 112–277, title III, § 310(a)(4)(B), Jan. 14, 2013, 126 Stat. 2475.) Editorial Notes CODIFICATION Section was formerly classified to section 424 of this title prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 603 of act July 26, 1947, was classified to section 423 of this title, prior to repeal by Pub. L. 112–277, title III, § 310(a)(4)(A), Jan. 14, 2013, 126 Stat. 2475, and editorial reclassification as section 3123 of this title. § 3125. Providing information to Congress Nothing in this subchapter may be construed as authority to withhold information from the Congress or from a committee of either House of Congress. (July 26, 1947, ch. 343, title VI, § 604, formerly § 605, as added Pub. L. 97–200, § 2(a), June 23, 1982, 96 Stat. 123; renumbered § 604, Pub. L. 112–277, title III, § 310(a)(4)(B), Jan. 14, 2013, 126 Stat. 2475.) Page 695 TITLE 50—WAR AND NATIONAL DEFENSE § 3126 Editorial Notes CODIFICATION Section was formerly classified to section 425 of this title prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 604 of act July 26, 1947, was renum- bered section 603 and is classified to section 3124 of this title. § 3126. Definitions For the purposes of this subchapter: (1) The term ‘‘classified information’’ means information or material designated and clear- ly marked or clearly represented, pursuant to the provisions of a statute or Executive order (or a regulation or order issued pursuant to a statute or Executive order), as requiring a spe- cific degree of protection against unauthorized disclosure for reasons of national security. (2) The term ‘‘authorized’’, when used with respect to access to classified information, means having authority, right, or permission pursuant to the provisions of a statute, Execu- tive order, directive of the head of any depart- ment or agency engaged in foreign intelligence or counterintelligence activities, order of any United States court, or provisions of any Rule of the House of Representatives or resolution of the Senate which assigns responsibility within the respective House of Congress for the oversight of intelligence activities. (3) The term ‘‘disclose’’ means to commu- nicate, provide, impart, transmit, transfer, convey, publish, or otherwise make available. (4) The term ‘‘covert agent’’ means— (A) a present or retired officer or employee of an intelligence agency or a present or re- tired member of the Armed Forces assigned to duty with an intelligence agency whose identity as such an officer, employee, or member is classified information; or (B) a United States citizen whose intel- ligence relationship to the United States is classified information, and— (i) who acts as an agent of, or informant or source of operational assistance to, an intelligence agency, or (ii) who is at the time of the disclosure acting as an agent of, or informant to, the foreign counterintelligence or foreign counterterrorism components of the Fed- eral Bureau of Investigation; or (C) an individual, other than a United States citizen, whose past or present intel- ligence relationship to the United States is classified information and who is a present or former agent of, or a present or former in- formant or source of operational assistance to, an intelligence agency. (5) The term ‘‘intelligence agency’’ means the elements of the intelligence community, as that term is defined in section 3003(4) of this title. (6) The term ‘‘informant’’ means any indi- vidual who furnishes information to an intel- ligence agency in the course of a confidential relationship protecting the identity of such in- dividual from public disclosure. (7) The terms ‘‘officer’’ and ‘‘employee’’ have the meanings given such terms by section 2104 and 2105, respectively, of title 5. (8) The term ‘‘Armed Forces’’ means the Army, Navy, Air Force, Marine Corps, and Coast Guard. (9) The term ‘‘United States’’, when used in a geographic sense, means all areas under the territorial sovereignty of the United States and the Trust Territory of the Pacific Islands. (10) The term ‘‘pattern of activities’’ re- quires a series of acts with a common purpose or objective. (July 26, 1947, ch. 343, title VI, § 605, formerly § 606, as added Pub. L. 97–200, § 2(a), June 23, 1982, 96 Stat. 123; amended Pub. L. 106–120, title III, § 304(a), Dec. 3, 1999, 113 Stat. 1611; renumbered § 605 and amended Pub. L. 112–277, title III, § 310(a)(4)(B), title V, § 506, Jan. 14, 2013, 126 Stat. 2475, 2478; Pub. L. 113–126, title VII, § 703(a), July 7, 2014, 128 Stat. 1422; Pub. L. 116–92, div. E, title LIII, § 5303, Dec. 20, 2019, 133 Stat. 2119.) Editorial Notes CODIFICATION Section was formerly classified to section 426 of this title prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 605 of act July 26, 1947, was renum- bered section 604 and is classified to section 3125 of this title. AMENDMENTS 2019—Par. (4)(A). Pub. L. 116–92, § 5303(1), struck out cl. (i) designation before ‘‘whose identity’’, substituted ‘‘agency’’ for ‘‘agency—’’ and ‘‘; or’’ for ‘‘, and’’, and struck out cl. (ii) which read as follows: ‘‘who is serving outside the United States or has within the last five years served outside the United States; or’’. Par. (4)(B)(i). Pub. L. 116–92, § 5303(2), substituted ‘‘acts’’ for ‘‘resides and acts outside the United States’’. 2014—Pub. L. 113–126, § 703(a), made technical amend- ments to directory language of Pub. L. 112–277, § 506. See 2013 Amendment note below. 2013—Par. (5). Pub. L. 112–277, § 506, as amended by Pub. L. 113–126, § 703(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows: ‘‘The term ‘intelligence agency’ means the Central Intelligence Agency, a foreign intelligence component of the De- partment of Defense, or the foreign counterintelligence or foreign counterterrorism components of the Federal Bureau of Investigation.’’ 1999—Par. (4)(A). Pub. L. 106–120 substituted ‘‘a present or retired officer or employee’’ for ‘‘an officer or employee’’ and ‘‘a present or retired member’’ for ‘‘a member’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–126, title VII, § 703(b), July 7, 2014, 128 Stat. 1423, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect as if included in the enactment of the Intelligence Au- thorization Act for Fiscal Year 2013 (Public Law 112–277).’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat-