§798 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

It makes it a crime for anyone who, on purpose and knowing the material is classified, shares or publishes certain secret information with people who are not allowed to have it, or uses that information in a way that harms U.S. safety or helps a foreign government. The rule covers secret details about codes and secret-writing methods, the design and use of devices for cryptography or signal intelligence, the United States’ or a foreign government’s communication‑intelligence activities, and information gotten by intercepting a foreign government’s communications. Giving such information to a proper committee of the U.S. House or Senate when they lawfully ask for it is allowed. Defined terms (one line each): classified information — information marked for limited distribution for national security; code/cipher/cryptographic system — any secret-writing method or device; foreign government — any group or person acting for a foreign state or claiming to act as one; communication intelligence — methods of intercepting others’ communications; unauthorized person — anyone not allowed to receive the listed information. A person convicted must forfeit money gained from the offense and any property used to commit it. The court must order the forfeiture. The federal forfeiture rules in 21 U.S.C. 853(b), (c), and (e)–(p) apply, and leftover forfeiture money after costs goes to the Crime Victims Fund (42 U.S.C. 10601). “State” includes the States, D.C., Puerto Rico, and U.S. territories.

Title 18, §798

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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—

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

(2)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

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

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

(b)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.

(c)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.

(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 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,

(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) 11 See References in Text note below. 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, and any territory or possession of the United States.

Notes & Related Subsidiaries

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.

Amendments

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).

§798 Disclosure of classified information