Title 50War and National DefenseRelease 119-73

§1881h Penalties for unauthorized disclosure

Title 50 › Chapter CHAPTER 36— - FOREIGN INTELLIGENCE SURVEILLANCE › Subchapter SUBCHAPTER VI— - ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE THE UNITED STATES › § 1881h

Last updated Apr 6, 2026|Official source

Summary

It is a crime to knowingly share, publish, or use classified information that includes a communication involving a known U.S. person with someone not allowed, or in a way that harms U.S. safety or helps a foreign government. A person convicted can be fined under Title 18, imprisoned for up to 8 years, or both. The federal government can prosecute if the offender was a U.S. officer or employee when the act happened.

Full Legal Text

Title 50, §1881h

War and National Defense — Source: USLM XML via OLRC

(a)A person is guilty of an offense under this section if that person 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 that contains the contents of any communication acquired under this subchapter to which a known United States person is a party.
(b)A person guilty of an offense in this section shall be fined under title 18, imprisoned for not more than 8 years, or both.
(c)There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.

Legislative History

Notes & Related Subsidiaries

Repeal of Section Pub. L. 110–261, title IV, § 403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a note under section 1801 of this title, effective two years after Apr. 20, 2024, this section is repealed.

Statutory Notes and Related Subsidiaries

Effective Date

of Repeal Pub. L. 110–261, title IV, § 403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the

Repeals

made by section 403(b)(1) are effective two years after Apr. 20, 2024.

Reference

Citations & Metadata

Citation

50 U.S.C. § 1881h

Title 50War and National Defense

Last Updated

Apr 6, 2026

Release point: 119-73