; or (D) conspires to commit an offense under this section shall be subject to prosecution under section 371 of this title. (2) Any person who is not a foreign agent shall not be subject to prosecution under this section by virtue of section 2 of this title or under section 3, 4, or 371 of this title, unless the person— (A) commits a felony under Federal law in the course of committing an offense under this section (by virtue of section 2 of this title) or under section 3, 4, or 371 of this title; (B) was a covered person at the time of the offense; or (C) subject to paragraph (3), directly and materially aids, or procures in exchange for anything of monetary value, the commission of an offense under this section with the specific intent to— (i) harm the national security of the United States; or (ii) benefit any foreign government to the detriment of the United States. (3) Paragraph (2)(C) shall not apply to direct and material aid that consists of— (A) counseling, education, or other speech activity; or (B) providing an electronic communication service to the public or a remote computing service (as such terms are defined in section 2510 and 2711, respectively). . 4. Public money, property, or records Section 641 of title 18, United States Code, is amended in the first undesignated paragraph by inserting tangible before thing of value . 5. Rule of construction Nothing in section 793 or 798 of title 18, United States Code, shall be construed to supersede or limit the protections under the speech or debate clause of the Constitution of the United States.