§ 798. Disclosure of classified information

Statutory text

Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information—

concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or

concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign government for cryptographic or communication intelligence purposes; or

concerning the communication intelligence activities of the United States or any foreign government; or

obtained by the processes of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes—

Shall be fined under this title or imprisoned not more than ten years, or both.

As used in subsection (a) of this section—

The term “classified information” means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution;

The terms “code,” “cipher,” and “cryptographic system” include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications;

The term “foreign government” includes in its meaning any person or persons acting or purporting to act for or on behalf of any faction, party, department, agency, bureau, or military force of or within a foreign country, or for or on behalf of any government or any person or persons purporting to act as a government within a foreign country, whether or not such government is recognized by the United States;

The term “communication intelligence” means all procedures and methods used in the interception of communications and the obtaining of information from such communications by other than the intended recipients;

The term “unauthorized person” means any person who, or agency which, is not authorized to receive information of the categories set forth in subsection (a) of this section, by the President, or by the head of a department or agency of the United States Government which is expressly designated by the President to engage in communication intelligence activities for the United States.

Nothing in this section shall prohibit the furnishing, upon lawful demand, of information to any regularly constituted committee of the Senate or House of Representatives of the United States of America, or joint committee thereof.

Any person convicted of a violation of this section shall forfeit to the United States irrespective of any provision of State law—

any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and

any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.

The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1).

Except as provided in paragraph (4), the provisions of subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)–(p)), shall apply to—

property subject to forfeiture under this subsection;

any seizure or disposition of such property; and

any administrative or judicial proceeding in relation to such property,

if not inconsistent with this subsection.

Notwithstanding section 524(c) of title 28, there shall be deposited in the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) 1 all amounts from the forfeiture of property under this subsection remaining after the payment of expenses for forfeiture and sale authorized by law.

As used in this subsection, the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

Footnotes

1 See References in Text note below.

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.

1951
Added Oct. 31, 1951, ch. 655, § 24(a), 65 Stat. 719 · 65 Stat. 719
Enacted · 18 U.S.C. § 798
Added Oct. 31, 1951, ch. 655, § 24(a), 65 Stat. 719
Source evidence
Code source credit
Added Oct. 31, 1951, ch. 655, § 24(a), 65 Stat. 719
1994
Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXIII § 330016(1)(L) · 108 Stat. 1796
Substituted · 18 U.S.C. § 798(a)
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000” in concluding provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000” in concluding provisions.
Enacted provision · exact public law section
(L) in sections 33, 224, 231, 241, 245, 246, 286, 289, 332, 335, 337, 351, 371, 437, 440, 441, 493, 496, 500, 510, 545, 595, 599, 600, 601, 641, 664, 665, 667, 757, 792, 793, 798, 844, 892, 893, 894, 924, 952, 955, 962, 963, 964, 965, 966, 967, 970, 1001, 1002, 1003, 1019, 1020, 1022, 1023, 1027, 1082, 1084, 1115, 1202, 1361, 1362, 1364, 1365, 1385, 1461, 1462, 1464, 1587, 1623, 1654, 1656, 1735, 1737, 1751, 1902, 1903, 1904, 1910, 1951, 1952, 1953, 1954, 1958, 1992, 2101, 2113, 2153, 2154, 2155, 2156, 2231, 2232, 2271, 2274, 2275, 2314, 2315, 2383, 2386, 2387, 2388, and 2512 by striking “not more than $10,000” each place it appears and inserting “under this title”;
1994
Counterintelligence and Security Enhancements Act of 1994
Pub. L. 103–359 title VIII § 804(a) · 108 Stat. 3423
Added · 18 U.S.C. § 798(d)
Pub. L. 103–359 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 103–359 added subsec. (d).
Enacted provision · exact public law section
(a) In General.— Section 798 of title 18, United States Code, is amended by adding at the end the following new subsection: “(d) (1) Any person convicted of a violation of this section shall forfeit to the United States irrespective of any provision of State law— “(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and “(B) any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation. “(2) The court, in imposing sentence on a defendant for a Courts. conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1). “(3) Except as provided in paragraph (4), the provisions of subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853 (b), (c), and (e)–(p)), shall apply to— “(A) property subject to forfeiture under this subsection; “(B) any seizure or disposition of such property; and “(C) any administrative or judicial proceeding in relation to such property, if not inconsistent with this subsection. “(4) Notwithstanding section 524(c) of title 28, there shall be deposited in the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) all amounts from the forfeiture of property under this subsection remaining after the payment of expenses for forfeiture and sale authorized by law. “(5) As used in this subsection, the term ‘State’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and any territory or possession of the United States.”.
1996
Economic Espionage Act of 1996
Pub. L. 104–294 title VI § 602(c) · 110 Stat. 3488
Struck · 18 U.S.C. § 798(d)(5)
Pub. L. 104–294 struck out “the Trust Territory of the Pacific Islands,” after “Puerto Rico,”
Source evidence
Code amendment note
Subsec. (d)(5). Pub. L. 104–294 struck out “the Trust Territory of the Pacific Islands,” after “Puerto Rico,”.
Enacted provision · exact public law section
(c) Section 798 Amendment.— Section 798(d)(5) of title 18, United States Code, is amended by striking “the Trust Territory of the Pacific Islands,”.

3 of 4 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Section 1402 of the Victims of Crime Act of 1984, referred to in subsec. (d)(4), is section 1402 of chapter XIV of title II of Pub. L. 98–473, which was classified to section 10601 of Title 42, The Public Health and Welfare, prior to editorial reclassification as section 20101 of Title 34, Crime Control and Law Enforcement.

Codification

Another section 798 was renumbered section 798A of this title.

Amendments1994–1996 · 2 rounds

1996

Subsec. (d)(5). Pub. L. 104–294 struck out “the Trust Territory of the Pacific Islands,” after “Puerto Rico,”.

1994

Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000” in concluding provisions.

Subsec. (d). Pub. L. 103–359 added subsec. (d).

Credits

1951–1996 · 4 acts

1951Added Oct. 31, 1951, ch. 655, § 24(a), 65 Stat. 719
1994amended Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147
1994Pub. L. 103–359, title VIII, § 804(a), Oct. 14, 1994, 108 Stat. 3439
1996Pub. L. 104–294, title VI, § 602(c), Oct. 11, 1996, 110 Stat. 3503.

Show as published

(Added Oct. 31, 1951, ch. 655, § 24(a), 65 Stat. 719; amended Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 103–359, title VIII, § 804(a), Oct. 14, 1994, 108 Stat. 3439; Pub. L. 104–294, title VI, § 602(c), Oct. 11, 1996, 110 Stat. 3503.)