USC Subchapter IV

in effect

50 U.S.C. § 3121 Protection of identities of certain United States undercover intelligence officers, agents, informants, and sources

(a) Disclosure of information by persons having or having had access to classified information that identifies covert agentWhoever, having or having had authorized access to classified information that identifies a covert agent, intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent’s intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than 15 years, or both. (b) Disclosure of information by persons who learn identity of covert agents as result of having access to classified informationWhoever, as a result of having authorized access to classified information, learns the identity of a covert agent and intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent’s intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than 10 years, or both. (c) Disclosure of information by persons in course of pattern of activities intended to identify and expose covert agentsWhoever, 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, discloses any information that identifies an individual as a covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such individual and that the United States is taking affirmative measures to conceal such individual’s classified intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than three years, or both. (d) Imposition of consecutive sentencesA term of imprisonment imposed under this section shall be consecutive to any other sentence of imprisonment.

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

(a) Disclosure by United States of identity of covert agentIt 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 intelligenceIt 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 identityIt 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. § 3124 Extraterritorial jurisdiction

There is jurisdiction over an offense under section 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).

50 U.S.C. § 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.

50 U.S.C. § 3126 Definitions

For the purposes of this subchapter: (1) The term “classified information” means information or material designated and clearly 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 specific 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, Executive order, directive of the head of any department 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 communicate, 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 retired 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 intelligence 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 Federal Bureau of Investigation; or (C) an individual, other than a United States citizen, whose past or present intelligence relationship to the United States is classified information and who is a present or former agent of, or a present or former informant 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 individual who furnishes information to an intelligence agency in the course of a confidential relationship protecting the identity of such individual 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” requires a series of acts with a common purpose or objective.