§ 783. Offenses

Statutory text

Communication of classified information by Government officer or employee

It shall be unlawful for any officer or employee of the United States or of any department or agency thereof, or of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, to communicate in any manner or by any means, to any other person whom such officer or employee knows or has reason to believe to be an agent or representative of any foreign government, any information of a kind which shall have been classified by the President (or by the head of any such department, agency, or corporation with the approval of the President) as affecting the security of the United States, knowing or having reason to know that such information has been so classified, unless such officer or employee shall have been specifically authorized by the President, or by the head of the department, agency, or corporation by which this officer or employee is employed, to make such disclosure of such information.

Receipt of, or attempt to receive, by foreign agent or member of Communist organization, classified information

It shall be unlawful for any agent or representative of any foreign government knowingly to obtain or receive, or attempt to obtain or receive, directly or indirectly, from any officer or employee of the United States or of any department or agency thereof or of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, any information of a kind which shall have been classified by the President (or by the head of any such department, agency, or corporation with the approval of the President) as affecting the security of the United States, unless special authorization for such communication shall first have been obtained from the head of the department, agency, or corporation having custody of or control over such information.

Penalties for violation

Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine of not more than $10,000, or imprisonment for not more than ten years, or by both such fine and such imprisonment, and shall, moreover, be thereafter ineligible to hold any office, or place of honor, profit, or trust created by the Constitution or laws of the United States.

Limitation period

Any person may be prosecuted, tried, and punished for any violation of this section at any time within ten years after the commission of such offense, notwithstanding the provisions of any other statute of limitations: Provided, That if at the time of the commission of the offense such person is an officer or employee of the United States or of any department or agency thereof, or of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, such person may be prosecuted, tried, and punished for any violation of this section at any time within ten years after such person has ceased to be employed as such officer or employee.

Forfeiture of property

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 853 of title 21 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 20101 of title 34 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, the Trust Territory of the Pacific Islands, and any territory or possession of the United States.

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.

1950
Internal Security Act of 1950
Pub. L. 81–1024 · 64 Stat. 987
Enacted · 50 U.S.C. § 783
Sept. 23, 1950, ch. 1024, title I, § 4, 64 Stat. 991
Source evidence
Code source credit
Sept. 23, 1950, ch. 1024, title I, § 4, 64 Stat. 991
1968
Pub. L. 90–237 § 3 · 81 Stat. 765
Struck · 50 U.S.C. § 783(f)
Pub. L. 90–237 struck out prohibition against receiving the fact of the registration of any person under section 787 or 788 of this title as an officer or member of any Communist organization in evidence against such person in any prosecution for any alleged violation of subsection (a) or (c) of this section or for any alleged violation of any other criminal statute
Source evidence
Code amendment note
Subsec. (f). Pub. L. 90–237 struck out prohibition against receiving the fact of the registration of any person under section 787 or 788 of this title as an officer or member of any Communist organization in evidence against such person in any prosecution for any alleged violation of subsection (a) or (c) of this section or for any alleged violation of any other criminal statute.
Enacted provision · exact public law section
Sec. 3. Subsection (f) of section 4 of such Act is amended by striking 50 USC 783. the last sentence.
1993
Act For Reform In Emerging New Democracies and Support and Help for Improved Partnership with Russia, Ukraine, and Other New Independent States
Pub. L. 103–199 § 803(2)(A) · 107 Stat. 2317
1. Redesignated · 50 U.S.C. § 783(a)
  Pub. L. 103–199, § 803(2)(A)–(C), redesignated subsec. (b) as (a)
2. Struck · 50 U.S.C. § 783(a)
  Pub. L. 103–199, § 803(2)(A)–(C), struck out “or an officer or member of any Communist organization as defined in paragraph (5) of section 782 of this title” after “foreign government”
3. Struck · 50 U.S.C. § 783(a)
  Pub. L. 103–199, § 803(2)(A)–(C), struck out former subsec. (a) which read as follows: “It shall be unlawful for any person knowingly to combine, conspire, or agree with any other person to perform any act which would substantially contribute to the establishment within the United States of a totalitarian dictatorship, as defined in paragraph (15) of section 782 of this title, the direction and control of which is to be vested in, or exercised by or under the domination or control of, any foreign government, foreign organization, or foreign individual: Provided, however, That this subsection shall not apply to the proposal of a constitutional amendment.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–199, § 803(2)(A)–(C), redesignated subsec. (b) as (a), struck out “or an officer or member of any Communist organization as defined in paragraph (5) of section 782 of this title” after “foreign government”, and struck out former subsec. (a) which read as follows: “It shall be unlawful for any person knowingly to combine, conspire, or agree with any other person to perform any act which would substantially contribute to the establishment within the United States of a totalitarian dictatorship, as defined in paragraph (15) of section 782 of this title, the direction and control of which is to be vested in, or exercised by or under the domination or control of, any foreign government, foreign organization, or foreign individual: Provided, however, That this subsection shall not apply to the proposal of a constitutional amendment.”
Enacted provision · exact public law section
(A) by repealing subsections (a) and (f);
1993
Act For Reform In Emerging New Democracies and Support and Help for Improved Partnership with Russia, Ukraine, and Other New Independent States
Pub. L. 103–199 § 803(2)(B) · 107 Stat. 2317
1. Redesignated · 50 U.S.C. § 783(b)
  Pub. L. 103–199, § 803(2)(B), (D), redesignated subsec. (c) as (b)
2. Redesignated · 50 U.S.C. § 783(b)
  Pub. L. 103–199, § 803(2)(B), (D), struck out “, or any officer or member of any Communist organization as defined in paragraph (5) of section 782 of this title,” after “foreign government”. Former subsec. (b) redesignated (a)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–199, § 803(2)(B), (D), redesignated subsec. (c) as (b) and struck out “, or any officer or member of any Communist organization as defined in paragraph (5) of section 782 of this title,” after “foreign government”. Former subsec. (b) redesignated (a).
Enacted provision · exact public law section
(B) by redesignating subsections (b) through (e) as subsections (a) through (d), respectively,
1993
Act For Reform In Emerging New Democracies and Support and Help for Improved Partnership with Russia, Ukraine, and Other New Independent States
Pub. L. 103–199 § 803(2)(B) · 107 Stat. 2317
Redesignated · 50 U.S.C. § 783(c)(e)
Pub. L. 103–199, § 803(2)(B), redesignated subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c) redesignated (b)
Source evidence
Code amendment note
Subsecs. (c) to (e). Pub. L. 103–199, § 803(2)(B), redesignated subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c) redesignated (b).
Enacted provision · exact public law section
(B) by redesignating subsections (b) through (e) as subsections (a) through (d), respectively,
1993
Act For Reform In Emerging New Democracies and Support and Help for Improved Partnership with Russia, Ukraine, and Other New Independent States
Pub. L. 103–199 § 803(2)(A) · 107 Stat. 2317
Struck · 50 U.S.C. § 783(f)
Pub. L. 103–199, § 803(2)(A), struck out subsec. (f) which read as follows: “Neither the holding of office nor membership in any Communist organization by any person shall constitute per se a violation of subsection (a) or subsection (c) of this section or of any other criminal statute.”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 103–199, § 803(2)(A), struck out subsec. (f) which read as follows: “Neither the holding of office nor membership in any Communist organization by any person shall constitute per se a violation of subsection (a) or subsection (c) of this section or of any other criminal statute.”
Enacted provision · exact public law section
(A) by repealing subsections (a) and (f);
1994
Counterintelligence and Security Enhancements Act of 1994
Pub. L. 103–359 title VIII § 804(c) · 108 Stat. 3423
Added · 50 U.S.C. § 783(e)
Pub. L. 103–359 added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 103–359 added subsec. (e).
Enacted provision · exact public law section
(c) Subversive Activities Control Act.— Section 4 of the Subversive Activities Control Act of 1950 (50 U.S.C. 783) is amended by adding at the end the following new subsection: “(e) (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 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 (eMp)) shah 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.”.

9 of 10 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1968–1994 · 3 rounds

1994

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

1993

Subsec. (a). Pub. L. 103–199, § 803(2)(A)–(C), redesignated subsec. (b) as (a), struck out “or an officer or member of any Communist organization as defined in paragraph (5) of section 782 of this title” after “foreign government”, and struck out former subsec. (a) which read as follows: “It shall be unlawful for any person knowingly to combine, conspire, or agree with any other person to perform any act which would substantially contribute to the establishment within the United States of a totalitarian dictatorship, as defined in paragraph (15) of section 782 of this title, the direction and control of which is to be vested in, or exercised by or under the domination or control of, any foreign government, foreign organization, or foreign individual: Provided, however, That this subsection shall not apply to the proposal of a constitutional amendment.”

Subsec. (b). Pub. L. 103–199, § 803(2)(B), (D), redesignated subsec. (c) as (b) and struck out “, or any officer or member of any Communist organization as defined in paragraph (5) of section 782 of this title,” after “foreign government”. Former subsec. (b) redesignated (a).

Subsecs. (c) to (e). Pub. L. 103–199, § 803(2)(B), redesignated subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c) redesignated (b).

Subsec. (f). Pub. L. 103–199, § 803(2)(A), struck out subsec. (f) which read as follows: “Neither the holding of office nor membership in any Communist organization by any person shall constitute per se a violation of subsection (a) or subsection (c) of this section or of any other criminal statute.”

1968

Subsec. (f). Pub. L. 90–237 struck out prohibition against receiving the fact of the registration of any person under section 787 or 788 of this title as an officer or member of any Communist organization in evidence against such person in any prosecution for any alleged violation of subsection (a) or (c) of this section or for any alleged violation of any other criminal statute.

Executive Documents

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Credits

1950–1994 · 4 acts

1950Sept. 23, 1950, ch. 1024, title I, § 4, 64 Stat. 991
1968Pub. L. 90–237, § 3, Jan. 2, 1968, 81 Stat. 765
1993Pub. L. 103–199, title VIII, § 803(2), Dec. 17, 1993, 107 Stat. 2329
1994Pub. L. 103–359, title VIII, § 804(c), Oct. 14, 1994, 108 Stat. 3440.

Show as published

(Sept. 23, 1950, ch. 1024, title I, § 4, 64 Stat. 991; Pub. L. 90–237, § 3, Jan. 2, 1968, 81 Stat. 765; Pub. L. 103–199, title VIII, § 803(2), Dec. 17, 1993, 107 Stat. 2329; Pub. L. 103–359, title VIII, § 804(c), Oct. 14, 1994, 108 Stat. 3440.)