US Code

Public Law 119-73 (01/23/2026)

50 U.S.C. § 3122

Defenses and exceptions

(a)

Disclosure by United States of identity of covert agent

section 3121 of this titleIt is a defense to a prosecution under 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)
section 3121 of this title Subject to paragraph (2), no person other than a person committing an offense under 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

section 3121 of this titleIt shall not be an offense under to transmit information described in such section directly to either congressional intelligence committee.

(d)

Disclosure by agent of own identity

section 3121 of this titleIt shall not be an offense under for an individual to disclose information that solely identifies himself as a covert agent.

July 26, 1947, ch. 343Pub. L. 97–200, § 2(a)96 Stat. 122Pub. L. 107–306, title III, § 353(b)(9)116 Stat. 2402(, title VI, § 602, as added , , ; amended , , .)

Editorial Notes

Codification

section 422 of this titleSection was formerly classified to prior to editorial reclassification and renumbering as this section.

Amendments

Pub. L. 107–3062002—Subsec. (c). 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”.