§ 3126. Definitions

Statutory text

For the purposes of this subchapter:

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.

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.

The term “disclose” means to communicate, provide, impart, transmit, transfer, convey, publish, or otherwise make available.

The term “covert agent” means—

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

a United States citizen whose intelligence relationship to the United States is classified information, and—

who acts as an agent of, or informant or source of operational assistance to, an intelligence agency, or

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

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.

The term “intelligence agency” means the elements of the intelligence community, as that term is defined in section 3003(4) of this title.

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.

The terms “officer” and “employee” have the meanings given such terms by section 2104 and 2105, respectively, of title 5.

The term “Armed Forces” means the Army, Navy, Air Force, Marine Corps, and Coast Guard.

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.

The term “pattern of activities” requires a series of acts with a common purpose or objective.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1947
Intelligence Identities Protection Act of 1982
Pub. L. 97–200 § 2(a) · 96 Stat. 122
Enacted · 50 U.S.C. § 3126
July 26, 1947, ch. 343, title VI, § 605, formerly § 606, as added Pub. L. 97–200, § 2(a), June 23, 1982, 96 Stat. 123
Source evidence
Code source credit
July 26, 1947, ch. 343, title VI, § 605, formerly § 606, as added Pub. L. 97–200, § 2(a), June 23, 1982, 96 Stat. 123
Enacted provision · exact public law section
(a) The National Security Act of 1947 is amended by adding at the end thereof the following new title: “TITLE VI— PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION “Sec. 601. “protection of identities of certain united states undercover intelligence officers, agents, informants, and sources (a) Whoever, having or having had authorized access to 50 USC 421. 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 not more than $50,000 or imprisoned not more than ten 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 not more than $25,000 or imprisoned not more than five 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 not more than $15,000 or imprisoned not more than three years, or both. “Sec. 602. “defenses and exceptions (a) It is a defense to a prosecution under section 601 50 USC 422. 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) (1) Subject to paragraph (2), no person other than a person committing an offense under section 601 shall be subject to prosecution under such section by virtue of section 2 or 4 of title 18, United States Code, 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) It shall not be an offense under section 601 to transmit Information, transmittal to congressional committees. information described in such section directly to the Select Committee on Intelligence of the Senate or to the Permanent Select Committee on Intelligence of the House of Representatives. “(d) It shall not be an offense under section 601 for an individual to disclose information that solely identifies himself as a covert agent. “Sec. 603. “report (a) The President, after receiving information from the 50 USC 423. Director of Central Intelligence, shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives an annual report on measures to protect the identities of covert agents, and on any other matter relevant to the protection of the identities of covert agents. “(b) The report described in subsection (a) shall be exempt from any requirement for publication or disclosure. The first such report shall be submitted no later than February 1, 1983. “Sec. 604. “extraterritorial jurisdiction There is jurisdiction over an offense under section 601 50 USC 424. 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 101(a)(20) of the Immigration and Nationality Act). 8 USC 1101. “Sec. 605. “providing information to congress Nothing in this title may be construed as authority to 50 USC 425. withhold information from the Congress or from a committee of either House of Congress. “Sec. 606. “definitions For the purposes of this title: 50 USC 426. “(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) an officer or employee of an intelligence agency or a member of the Armed Forces assigned to duty with an intelligence agency— “(i) whose identity as such an officer, employee, or member is classified information, and “(ii) who is serving outside the United States or has within the last five years served outside the United States; or “(B) a United States citizen whose intelligence relationship to the United States is classified information, and— “(i) who resides and acts outside the United States 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 Central Intelligence Agency, a foreign intelligence component of the Department of Defense, or the foreign counterintelligence or foreign counterterrorism components of the Federal Bureau of Investigation. “(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, United States Code. “(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.”.
1999
Intelligence Authorization Act for Fiscal Year 2000
Pub. L. 106–120 title III § 304(a) · 113 Stat. 1606
1. Substituted · 50 U.S.C. § 3126(4)(A)
  Pub. L. 106–120 substituted “a present or retired officer or employee” for “an officer or employee”
2. Substituted · 50 U.S.C. § 3126(4)(A)
  Pub. L. 106–120 substituted “a present or retired member” for “a member”
Source evidence
Code amendment note
Par. (4)(A). Pub. L. 106–120 substituted “a present or retired officer or employee” for “an officer or employee” and “a present or retired member” for “a member”.
Enacted provision · exact public law section
(a) In General.— Section 606(4)(A) of the National Security Act of 1947 (50 U.S.C. 426(4)(A)) is amended— (1) by striking “an officer or employee” and inserting “a present or retired officer or employee”; and (2) by striking “a member” and inserting “a present or retired member”.
2013
Intelligence Authorization Act for Fiscal Year 2013
Pub. L. 112–277 § 506 · 126 Stat. 2468
1. Amended · 50 U.S.C. § 3126(5)
  Pub. L. 112–277, § 506, as amended by Pub. L. 113–126, § 703(a)
2. Amended · 50 U.S.C. § 3126(5)
  Pub. L. 112–277, § 506, as amended par. (5) generally. Prior to amendment, par. (5) read as follows: “The term ‘intelligence agency’ means the Central Intelligence Agency, a foreign intelligence component of the Department of Defense, or the foreign counterintelligence or foreign counterterrorism components of the Federal Bureau of Investigation.”
Source evidence
Code amendment note
Par. (5). Pub. L. 112–277, § 506, as amended by Pub. L. 113–126, § 703(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “The term ‘intelligence agency’ means the Central Intelligence Agency, a foreign intelligence component of the Department of Defense, or the foreign counterintelligence or foreign counterterrorism components of the Federal Bureau of Investigation.”
Enacted provision · exact public law section
SEC. 506. TECHNICAL AMENDMENT FOR DEFINITION OF INTELLIGENCE AGENCY. Section 606(5) of the National Security Act of 1947 (50 U.S.C. 426) is amended to read as follows: “(5) The term ‘intelligence agency’ means the elements of the intelligence community, as that term is defined in section 3(4).” .
Effective date note
Pub. L. 113–126, title VII, § 703(b), July 7, 2014, 128 Stat. 1423, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as if included in the enactment of the Intelligence Authorization Act for Fiscal Year 2013 (Public Law 112–277).”
2014
Intelligence Authorization Act for Fiscal Year 2014
Pub. L. 113–126 § 703(a) · 128 Stat. 1390
Changed · 50 U.S.C. § 3126
Pub. L. 113–126, § 703(a), made technical amendments to directory language of Pub. L. 112–277, § 506. See 2013 Amendment note below
Source evidence
Code amendment note
Pub. L. 113–126, § 703(a), made technical amendments to directory language of Pub. L. 112–277, § 506. See 2013 Amendment note below.
Enacted provision · exact public law section
(a) Amendments.— Section 506 of the Intelligence Authorization Act for Fiscal Year 2013 50 USC 3126. (Public Law 112–277; 126 Stat. 2478) is amended— (1) by striking “Section 606(5)” and inserting “Paragraph (5) of section 605”; and (2) by inserting “, as redesignated by section 310(a)(4)(B) of this Act,” before “is amended”.
Effective date note
Pub. L. 113–126, title VII, § 703(b), July 7, 2014, 128 Stat. 1423, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as if included in the enactment of the Intelligence Authorization Act for Fiscal Year 2013 (Public Law 112–277).”
2019
National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 § 5303(1) · 133 Stat. 1198
1. Struck · 50 U.S.C. § 3126(4)(A)
  Pub. L. 116–92, § 5303(1), struck out cl. (i) designation before “whose identity”
2. Substituted · 50 U.S.C. § 3126(4)(A)
  Pub. L. 116–92, § 5303(1), substituted “agency” for “agency—”
3. Substituted · 50 U.S.C. § 3126(4)(A)
  Pub. L. 116–92, § 5303(1), substituted “; or” for “, and”
4. Struck · 50 U.S.C. § 3126(4)(A)
  Pub. L. 116–92, § 5303(1), struck out cl. (ii) which read as follows: “who is serving outside the United States or has within the last five years served outside the United States; or”
Source evidence
Code amendment note
Par. (4)(A). Pub. L. 116–92, § 5303(1), struck out cl. (i) designation before “whose identity”, substituted “agency” for “agency—” and “; or” for “, and”, and struck out cl. (ii) which read as follows: “who is serving outside the United States or has within the last five years served outside the United States; or”.
2019
National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 § 5303(2) · 133 Stat. 1198
Substituted · 50 U.S.C. § 3126(4)(B)(i)
Pub. L. 116–92, § 5303(2), substituted “acts” for “resides and acts outside the United States”
Source evidence
Code amendment note
Par. (4)(B)(i). Pub. L. 116–92, § 5303(2), substituted “acts” for “resides and acts outside the United States”.

6 of 11 references resolved to an enrolled provision · 5 partial

Editorial Notes

Codification

Section was formerly classified to section 426 of this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 605 of act July 26, 1947, was renumbered section 604 and is classified to section 3125 of this title.

Amendments1999–2019 · 4 rounds

2019

Par. (4)(A). Pub. L. 116–92, § 5303(1), struck out cl. (i) designation before “whose identity”, substituted “agency” for “agency—” and “; or” for “, and”, and struck out cl. (ii) which read as follows: “who is serving outside the United States or has within the last five years served outside the United States; or”.

Par. (4)(B)(i). Pub. L. 116–92, § 5303(2), substituted “acts” for “resides and acts outside the United States”.

2014

Pub. L. 113–126, § 703(a), made technical amendments to directory language of Pub. L. 112–277, § 506. See 2013 Amendment note below.

2013

Par. (5). Pub. L. 112–277, § 506, as amended by Pub. L. 113–126, § 703(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “The term ‘intelligence agency’ means the Central Intelligence Agency, a foreign intelligence component of the Department of Defense, or the foreign counterintelligence or foreign counterterrorism components of the Federal Bureau of Investigation.”

1999

Par. (4)(A). Pub. L. 106–120 substituted “a present or retired officer or employee” for “an officer or employee” and “a present or retired member” for “a member”.

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Pub. L. 113–126, title VII, § 703(b), July 7, 2014, 128 Stat. 1423, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as if included in the enactment of the Intelligence Authorization Act for Fiscal Year 2013 (Public Law 112–277).”

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Executive Documents

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Credits

1947–2019 · 5 acts

1947July 26, 1947, ch. 343, title VI, § 605, formerly § 606, as added Pub. L. 97–200, § 2(a), June 23, 1982, 96 Stat. 123
1999amended Pub. L. 106–120, title III, § 304(a), Dec. 3, 1999, 113 Stat. 1611
2013renumbered § 605 and amended Pub. L. 112–277, title III, § 310(a)(4)(B), title V, § 506, Jan. 14, 2013, 126 Stat. 2475, 2478
2014Pub. L. 113–126, title VII, § 703(a), July 7, 2014, 128 Stat. 1422
2019Pub. L. 116–92, div. E, title LIII, § 5303, Dec. 20, 2019, 133 Stat. 2119.

Show as published

(July 26, 1947, ch. 343, title VI, § 605, formerly § 606, as added Pub. L. 97–200, § 2(a), June 23, 1982, 96 Stat. 123; amended Pub. L. 106–120, title III, § 304(a), Dec. 3, 1999, 113 Stat. 1611; renumbered § 605 and amended Pub. L. 112–277, title III, § 310(a)(4)(B), title V, § 506, Jan. 14, 2013, 126 Stat. 2475, 2478; Pub. L. 113–126, title VII, § 703(a), July 7, 2014, 128 Stat. 1422; Pub. L. 116–92, div. E, title LIII, § 5303, Dec. 20, 2019, 133 Stat. 2119.)