50 U.S.C. § 3122 — Defenses and exceptions

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.)