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CHAPTER 37 § 798 Disclosure of
classified information
Release date: 2005-08-03
US Code
(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.
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