§3121 — Title 50 War and National Defense | U.S. Code

Summary

It makes it a crime to on purpose reveal the identity of a covert agent when the U.S. is actively hiding that person’s intelligence role. If someone who now or used to have authorized access to classified information that identifies a covert agent tells someone not allowed to see classified information, they can be fined under federal law (Title 18), sent to prison for up to 15 years, or both. If someone learns the agent’s identity because of their authorized access and then tells someone not allowed to know, they can be fined or jailed for up to 10 years, or both. If someone, as part of a pattern to find and expose covert agents and knowing it could harm U.S. intelligence, tells someone not allowed to know, they can be fined or jailed for up to 3 years, or both. Any jail time for these crimes must be added on to any other prison sentence the person is serving. A covert agent means an undercover intelligence officer, agent, informant, or source whose connection to the U.S. is being kept secret.

Title 50, §3121

War and National Defense — Source: USLM XML via OLRC

(a)Whoever, 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)Whoever, 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)Whoever, 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)A term of imprisonment imposed under this section shall be consecutive to any other sentence of imprisonment.

Notes & Related Subsidiaries

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), substituted “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), substituted “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).

§3121 Protection of Identities of Certain United States Undercover Intelligence Officers, Agents, Informants, and Sources

Summary

Title 50, §3121

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata