
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC783]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
                      CHAPTER 23--INTERNAL SECURITY
 
             SUBCHAPTER I--CONTROL OF SUBVERSIVE ACTIVITIES
 
Sec. 783. Offenses


(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) Forfeiture of property

    (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 853 of title 21 
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 10601 of 
title 42 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.

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


                               Amendments

    1994--Subsec. (e). Pub. L. 103-359 added subsec. (e).
    1993--Subsec. (a). Pub. L. 103-199, Sec. 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, Sec. 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, Sec. 803(2)(B), redesignated 
subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c) 
redesignated (b).
    Subsec. (f). Pub. L. 103-199, Sec. 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.

          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.


                            Cross References

    Classified information, penalty for disclosure, see section 798A of 
Title 18, Crimes and Criminal Procedure.
    Diplomatic codes and correspondence, disclosure of matters relating 
thereto, penalty for, see section 952 of Title 18.
    Federal retirement benefits, forfeiture upon conviction of offense 
described hereunder, see section 8312 of Title 5, Government 
Organization and Employees.
    Forfeiture of veterans' benefits upon conviction under this section, 
see section 6105 of Title 38, Veterans' Benefits.
    Limitation periods generally, see section 3281 et seq. of Title 18, 
Crimes and Criminal Procedure.

                  Section Referred to in Other Sections

    This section is referred to in section 2410 of Appendix to this 
title; title 5 section 8312; title 18 sections 3077, 3239; title 22 
section 2778; title 38 section 6105; title 42 sections 402, 2000aa.
