§3324 — Title 50 War and National Defense | U.S. Code

Summary

U.S. intelligence agencies must not use people as agents or assets if they act as U.S. news reporters — either by contract or with press credentials at home or abroad — or if a foreign government officially recognizes them as a U.S. media representative. The President or the Director of Central Intelligence can make a written exception if they decide it is necessary for an overriding national security interest and follow any procedures the President sets. They must tell the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence about any exception. The rule does not stop someone from voluntarily helping intelligence agencies if they know they are doing so.

Title 50, §3324

War and National Defense — Source: USLM XML via OLRC

(a)It is the policy of the United States that an element of the Intelligence Community may not use as an agent or asset for the purposes of collecting intelligence any individual who—

(1)is authorized by contract or by the issuance of press credentials to represent himself or herself, either in the United States or abroad, as a correspondent of a United States news media organization; or

(2)is officially recognized by a foreign government as a representative of a United States media organization.

(b)Pursuant to such procedures as the President may prescribe, the President or the Director of Central Intelligence may waive subsection (a) in the case of an individual if the President or the Director, as the case may be, makes a written determination that the waiver is necessary to address the overriding national security interest of the United States. The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate shall be notified of any waiver under this subsection.

(c)Subsection (a) shall not be construed to prohibit the voluntary cooperation of any person who is aware that the cooperation is being provided to an element of the United States Intelligence Community.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 403–7 of this title prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.

§3324 Prohibition on Using Journalists as Agents or Assets