U.S. Code » Title 42 » Chapter CHAPTER 23— DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › Division Division A— Atomic Energy › Subchapter SUBCHAPTER XVII— ENFORCEMENT OF CHAPTER

42 U.S.C. § 2274

Communication of Restricted Data

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Whoever, lawfully or unlawfully, having possession of, access to, control over, or being entrusted with any document, writing, sketch, photograph, plan, model, instrument, appliance, note, or information involving or incorporating Restricted Data—(a) communicates, transmits, or discloses the same to any individual or person, or attempts or conspires to do any of the foregoing, with intent to injure the United States or with intent to secure an advantage to any foreign nation, upon conviction thereof, shall be punished by imprisonment for life, or by imprisonment for any term of years or a fine of not more than $100,000 or both;(b) communicates, transmits, or discloses the same to any individual or person, or attempts or conspires to do any of the foregoing, with reason to believe such data will be utilized to injure the United States or to secure an advantage to any foreign nation, shall, upon conviction, be punished by a fine of not more than $50,000 or imprisonment for not more than ten years, or both.(Aug. 1, 1946, ch. 724, title I, § 224, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 958; amended Pub. L. 91–161, § 3(b), Dec. 24, 1969, 83 Stat. 444; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 106–65, div. C, title XXXI, § 3148(a), Oct. 5, 1999, 113 Stat. 938; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(g)(9)], Oct. 30, 2000, 114 Stat. 1654, 1654A–294.)Editorial NotesAmendments

2000—Cl. (b). Pub. L. 106–398 substituted “$50,000” for “$500,000”.

1999—Cl. (a). Pub. L. 106–65, § 3148(a)(1), substituted “$100,000” for “$20,000”.

Cl. (b). Pub. L. 106–65, § 3148(a)(2), substituted “$500,000” for “$10,000”.

1969—Pub. L. 91–161 made death penalty inapplicable for willful violation, or attempted violation of this section with intent to injure the United States, or secure an advantage for any foreign nation.

Statutory Notes and Related SubsidiariesEffective Date of 2000 Amendment

Pub. L. 106–398, § 1 [[div. A], title X, § 1087(g)(9)], Oct. 30, 2000, 114 Stat. 1654, 1654A–294, provided that the amendment made by that section is effective as of Oct. 5, 1999.

Effective Date of 1969 Amendment

Amendment by Pub. L. 91–161 applicable to offenses committed on or after Dec. 24, 1969, see section 7 of Pub. L. 91–161, set out as a note under section 2272 of this title.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1959–2024 · leading case: New York Times Co. v. United States, 403 U.S. 713 (1971).
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New York Times Co. v. United States, 403 U.S. 713 (1971). · cites it 2× “Title 42 U. S. C. § 2274 , subsection (a), provides penalties for a person who "communicates, transmits, or discloses [restricted data] .”
United States v. Progressive, Inc., 467 F. Supp. 990 (W.D. Wis. 1979). · cites it 3× “How then, they argue, can they be in violation of 42 U.S.C. §§ 2274 (b) and 2280 which purport to authorize injunctive relief against one who would disclose restricted data “with reason to believe such data will be utilized to injure the United States or to secure an advantage…”
Kinsella v. United States Ex Rel. Singleton, 361 U.S. 234 (1960). · cites it 2× “766 , as amended, 42 U. S. C. § 2274 (a), *256 and various States have similar statutes.”
United States v. Terry Wayne Denson, Stephen Orlando & Joseph James Janish, Defendants- in Re United States of Am., 588 F.2d 1112 (5th Cir. 1979). “§ 2272 (misuse of atomic energy); 42 U.S.C.A. § 2274 (communication of restricted data); 42 U.”
United States v. French, 10 C.M.A. 171 (1959). · cites it 2× “Certainly specification 3, quoted infra, which alleges all the elements of a violation of § 2274(b) of the Atomic Energy Act, 42 USC § 2274 , charges an offense under either subsections (2) or (3) of the Article, and it does not offend against the proscription of the latter…”
United States v. Morison, 604 F. Supp. 655 (D. Maryland 1985). “In fact, the statutes which the defendant cites (Atomic Energy Act, 42 U.S.C. §§ 2274 , 2277, 50 U.S.C. § 601 ) fill in gaps and prevent disclosures which would not otherwise be covered by § 793(d) and (e).”
George John Gessner v. United States, 354 F.2d 726 (10th Cir. 1965). “Upon release from this confinement March 30,1962, Gessner was arrested by civil authority subservient to an indictment charging in the first five counts that appellant had violated 42 U. S.C. § 2274 1 by communicating with *727 agents of Soviet Russia between December 9, 1960…”
United States v. Progressive, Inc., 486 F. Supp. 5 (W.D. Wis. 1979). “Therefore, the Court finds that publication or other disclosure of the restricted data contained in the Morland article would likely constitute a violation of the Atomic Energy Act, 42 U.S.C. § 2274 (b) and would likely cause a direct, immediate and irreparable injury to this…”
United States v. Diana Toebbe (4th Cir. 2023). · cites it 3× “4689 Doc: 76 Filed: 10/25/2023 Pg: 2 of 31 NIEMEYER, Circuit Judge: Diana Toebbe pleaded guilty pursuant to a plea agreement to conspiracy to communicate, transmit, or disclose Restricted Data of the United States Navy relating to Virginia-class nuclear-powered submarines with…”
Epperson v. United States Cong. (E.D. Cal. 2024). “§ 798 18 (Disclosure of Classified Information); 42 U.S.C. § 2274 (Communication of Restricted Data); 42 19 U.”
United States v. Mascheroni, 612 F. App'x 504 (10th Cir. 2015). “Pursuant to a plea agreement, Pedro Leonardo ■ Mascheroni pleaded guilty to two counts of communicating restricted data and aiding and abetting in violation of 42 U.S.C. §§ 2274 (b) and 2014 and 18 U.S.”
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