2014 US Code
Title 50 - War and National Defense (Sections 1 - 3751)
Chapter 44 - National Security (Sections 3001 - 3234)
Subchapter IV - Protection of Certain National Security Information (Sections 3121 - 3126)
Sec. 3122 - Defenses and exceptions

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 2, Title 50 - WAR AND NATIONAL DEFENSE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 50 - WAR AND NATIONAL DEFENSE
CHAPTER 44 - NATIONAL SECURITY
SUBCHAPTER IV - PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION
Sec. 3122 - Defenses and exceptions
Containssection 3122
Date2014
Laws In Effect As Of DateJanuary 5, 2015
Positive LawNo
Dispositionstandard
Source CreditJuly 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.
Statutes at Large References96 Stat. 122
116 Stat. 2402
Public and Private LawsPublic Law 97-200, Public Law 107-306

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50 U.S.C. § 3122 (2014)
§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.

(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.)

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 Permanent Select Committee on Intelligence of the House of Representatives".

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