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U.S. Code as of:
01/19/04
Section 422. Defenses and exceptions
(a) Disclosure by United States of identity of covert agent
It is a defense to a prosecution under section 421 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 421 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 421 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 421 of this title for an
individual to disclose information that solely identifies himself
as a covert agent.
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