§ 798. — Disclosure of classified information.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC798]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 37--ESPIONAGE AND CENSORSHIP
Sec. 798. Disclosure of classified information
(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--
Shall be fined under this title or imprisoned not more than ten
years, or both.
(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,
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, and any territory or possession of the United States.
(Added Oct. 31, 1951, ch. 655, Sec. 24(a), 65 Stat. 719; amended Pub. L.
103-322, title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat.
2147; Pub. L. 103-359, title VIII, Sec. 804(a), Oct. 14, 1994, 108 Stat.
3439; Pub. L. 104-294, title VI, Sec. 602(c), Oct. 11, 1996, 110 Stat.
3503.)
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).
Section Referred to in Other Sections
This section is referred to in sections 951, 1956, 3077, 3239 of
this title; title 5 section 8312; title 8 section 1101; title 19 section
1583; title 22 section 2778; title 38 section 6105; title 42 section
2000aa; title 50 App. section 2410.
