Disclosure of Information Identifying a Covert Agent

(a) Base Offense Level: (1) 30, if the information was disclosed by a person with, or who had au- thorized access to classified information identifying a covert agent; or (2) 25, if the information was disclosed by a person with authorized ac- cess only to other classified information. Commentary Statutory Provision: 50 U.S.C. § 3121. Application Notes: 1. See Commentary to §2M3.1. 2. This guideline applies only to violations of 50 U.S.C. § 3121 by persons who have or previously had authorized access to classified information. This guideline does not apply to violations of 50 U.S.C. § 3121 by defendants, including journalists, who disclosed such information without having or having had authorized access to classified information. Violations of 50 U.S.C. § 3121 not covered by this guideline may vary in the degree of harm they inflict, and the court should impose a sentence that reflects such harm. See §2X5.1 (Other Offenses). Guidelines Manual (November 1, 2024) ║ 291 §2M4.1 3. A term of imprisonment imposed for a conviction under 50 U.S.C. § 3121 shall be imposed con- secutively to any other term of imprisonment. See 50 U.S.C. § 3121(d). Background: The alternative base offense levels reflect a statutory distinction by providing a greater base offense level for a violation of 50 U.S.C. § 3121 by an official who has or had authorized access to classified information identifying a covert agent than for a violation by an official with authorized access only to other classified information. This guideline does not apply to violations of 50 U.S.C. § 3121 by defendants who disclosed such information without having, or having had, authorized access to classified information. Historical Note Effective November 1, 1987. Amended effective November 1, 2001 (amendment 636); November 1, 2010 (amendment 746); November 1, 2015 (amendment 796). * * * * * 4. EVASION OF MILITARY SERVICE