Title 18 — Crimes and Criminal Procedure
Part I · Chapter 93 — Public Officers and Employees
§ 1905. Disclosure of confidential information generally
Statutory text
Whoever, being an officer or employee of the United States or of any department or agency thereof, any person acting on behalf of the Federal Housing Finance Agency, or agent of the Department of Justice as defined in the Antitrust Civil Process Act (15 U.S.C. 1311–1314), or being an employee of a private sector organization who is or was assigned to an agency under chapter 37 of title 5, publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law; shall be fined under this title, or imprisoned not more than one year, or both; and shall be removed from office or employment.
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.
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 1905
June 25, 1948, ch. 645, 62 Stat. 791
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 791Antitrust Procedural Improvements Act of 1980
Pub. L. 96–349 § 7(b) · 94 Stat. 1154
Changed · 18 U.S.C. § 1905
Pub. L. 96–349 provided for punishment and removal from office of an agent of the Department of Justice as defined in the Antitrust Civil Process Act for disclosure of confidential information
Source evidence
Code amendment note
Pub. L. 96–349 provided for punishment and removal from office of an agent of the Department of Justice as defined in the Antitrust Civil Process Act for disclosure of confidential information.Enacted provision · exact public law section
(b) Section 1905 of title 18, United States Code, is amended by inserting after “thereof,” the first place it appears the following: “or agent of the Department of Justice as defined in the Antitrust Civil Process Act (15 U.S.C. 1311–1314),”.Federal Housing Enterprises Financial Safety and Soundness Act of 1992
Pub. L. 102–550 title XIII § 1353 · 106 Stat. 3672
Inserted · 18 U.S.C. § 1905
Pub. L. 102–550 inserted “any person acting on behalf of the Office of Federal Housing Enterprise Oversight,” after “or agency thereof,”
Source evidence
Code amendment note
Pub. L. 102–550 inserted “any person acting on behalf of the Office of Federal Housing Enterprise Oversight,” after “or agency thereof,”.Enacted provision · exact public law section
SEC. 1353. PROTECTION OF CONFIDENTIAL INFORMATION. Section 1905 of title 18, United States Code, is amended by inserting “any person acting on behalf of the Office of Federal Housing Enterprise Oversight,” after “or agency thereof,”.Economic Espionage Act of 1996
Pub. L. 104–294 title VI § 601(a)(8) · 110 Stat. 3488
Substituted · 18 U.S.C. § 1905
Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000”
Source evidence
Code amendment note
Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000”.Enacted provision · exact public law section
(8) Sections 1821, 1851, 1852, 1853, 1854, 1905, 1916, 1918, 1991, 2115, 2116, 2191, 2192, 2194, 2199, 2234, 2235, and 2236 of title 18, United States Code, are each amended by striking “fined not more than $1,000” each place it appears and inserting “fined under this title”.Pub. L. 107–347 title II § 209(d)(2) · 116 Stat. 2899
Inserted · 18 U.S.C. § 1905
Pub. L. 107–347 inserted “or being an employee of a private sector organization who is or was assigned to an agency under chapter 37 of title 5,” after “(15 U.S.C. 1311–1314),”
Source evidence
Code amendment note
Pub. L. 107–347 inserted “or being an employee of a private sector organization who is or was assigned to an agency under chapter 37 of title 5,” after “(15 U.S.C. 1311–1314),”.Enacted provision · exact public law section
(2) Disclosure of confidential information.— Section 1905 of title 18, United States Code, is amended by inserting “or being an employee of a private sector organization who is or was assigned to an agency under chapter 37 of title 5,” after “(15 U.S.C. 1311–1314),”.Effective date note
Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.Federal Housing Finance Regulatory Reform Act of 2008
Pub. L. 110–289 div. A title I § 1161(d) · 122 Stat. 2654
Substituted · 18 U.S.C. § 1905
Pub. L. 110–289 substituted “Federal Housing Finance Agency” for “Office of Federal Housing Enterprise Oversight”
Source evidence
Code amendment note
Pub. L. 110–289 substituted “Federal Housing Finance Agency” for “Office of Federal Housing Enterprise Oversight”.Enacted provision · exact public law section
(d) Amendment to Title 18, United States Code.— Section 1905 of title 18, United States Code, is amended by striking “Office of Federal Housing Enterprise Oversight” and inserting “Federal Housing Finance Agency”.
5 of 6 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on section 176b of title 15, U.S.C., 1940 ed., Commerce and Trade; section 216 of title 18, U.S.C., 1940 ed.; section 1335 of title 19, U.S.C., 1940 ed., Customs Duties (R.S. § 3167; Aug. 27, 1894, ch. 349, § 24, 28 Stat. 557; Feb. 26, 1926, ch. 27, § 1115, 44 Stat. 117; June 17, 1930, ch. 497, title III, § 335, 46 Stat. 701; Jan. 27, 1938, ch. 11, § 2, 52 Stat. 8).
Section consolidates section 176b of title 15, U.S.C., 1940 ed., Commerce and Trade; section 216 of title 18, U.S.C., 1940 ed., and section 1335 of title 19, U.S.C., 1940 ed., Customs Duties.
Words “or of any department or agency thereof” and words “such department or agency” were inserted so as to eliminate any possible ambiguity as to scope of section. (See definition of “department” and “agency” in section 6 of this title.)
References to the offenses as misdemeanors, contained in all of said sections, were omitted in view of definitive section 1 of this title.
The provisions of section 216 of title 18, U.S.C., 1940 ed., relating to publication of income tax data by “any person”, were omitted as covered by section 55(f)(1) of title 26, U.S.C., 1940 ed., Internal Revenue Code.
Minor changes were made in translations and phraseology.
Editorial Notes
References in Text
The Antitrust Civil Process Act, referred to in text, is Pub. L. 87–664, , 76 Stat. 548, which is classified principally to chapter 34 (§ 1311 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1311 of Title 15 and Tables.
Amendments1980–2008 · 5 rounds
2008
Pub. L. 110–289 substituted “Federal Housing Finance Agency” for “Office of Federal Housing Enterprise Oversight”.
2002
Pub. L. 107–347 inserted “or being an employee of a private sector organization who is or was assigned to an agency under chapter 37 of title 5,” after “(15 U.S.C. 1311–1314),”.
1996
Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000”.
1992
Pub. L. 102–550 inserted “any person acting on behalf of the Office of Federal Housing Enterprise Oversight,” after “or agency thereof,”.
1980
Pub. L. 96–349 provided for punishment and removal from office of an agent of the Department of Justice as defined in the Antitrust Civil Process Act for disclosure of confidential information.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–347 effective 120 days after , see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
Credits
1948–2008 · 6 acts
- 1948June 25, 1948, ch. 645, 62 Stat. 791
- 1980Pub. L. 96–349, § 7(b), , 94 Stat. 1158
- 1992Pub. L. 102–550, title XIII, § 1353, , 106 Stat. 3970
- 1996Pub. L. 104–294, title VI, § 601(a)(8), , 110 Stat. 3498
- 2002Pub. L. 107–347, title II, § 209(d)(2), , 116 Stat. 2930
- 2008Pub. L. 110–289, div. A, title I, § 1161(d), , 122 Stat. 2780.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 791; Pub. L. 96–349, § 7(b), , 94 Stat. 1158; Pub. L. 102–550, title XIII, § 1353, , 106 Stat. 3970; Pub. L. 104–294, title VI, § 601(a)(8), , 110 Stat. 3498; Pub. L. 107–347, title II, § 209(d)(2), , 116 Stat. 2930; Pub. L. 110–289, div. A, title I, § 1161(d), , 122 Stat. 2780.)