(1) The term ‘‘civil disorder’’ means any public dis-
turbance involving acts of violence by assemblages of three 
or more persons, which causes an immediate danger of or 
results in damage or injury to the property or person of 
any other individual. 
(2) The term ‘‘federally protected function’’ means 
any function, operation, or action carried out, under the 
laws of the United States, by any department, agency, or 
instrumentality of the United States or by an officer or em-
ployee thereof; and such term includes the collection and 
distribution of the United States mails. 
(3) The term ‘‘firearm’’ means any weapon which is 
designed to or may readily be converted to expel any pro-
jectile by the action of an explosive; or the frame or re-
ceiver of any such weapon. 
(4) The term ‘‘explosive or incendiary device’’ 
means— 
(A) dynamite and all other forms of high explo-
sives; 
(B) any explosive bomb, grenade, missile, or simi-
lar device; and 
(C) any incendiary bomb or grenade, fire bomb, or 
similar device, including any device which— 
(i) consists of or includes a breakable con-
tainer including a flammable liquid or compound, 
and a wick composed of any material which, when 
ignited, is capable of igniting such flammable liquid 
or compound; and 
(ii) can be carried or thrown by one individual 
acting alone. 
(5) The term ‘‘fireman’’ means any member of a fire 
department (including a volunteer fire department) of any 
State, any political subdivision of a State. 
(6) The term ‘‘law enforcement officer’’ means any of-
ficer or employee of the United States, of any State or any 
political subdivision of a State while engaged in the en-
forcement or prosecution of any of the criminal laws of the 
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United States or of that State or subdivision; and such 
term includes members of the National Guard (as defined 
in section 101 of title 10), members of the organized militia 
of a State (as defined in section 101 of title 10), and mem-
bers of the Armed Forces of the United States, while en-
gaged in suppressing acts of violence or restoring law and 
order during a civil disorder. 
(d) NON-PREMPTION.—Nothing in this section shall be 
construed as indicating an intent on the part of Congress to 
occupy the field in which any provisions of the section operate 
to the exclusion of State or local laws on the same subject mat-
ter, nor shall any provision of this section be construed to in-
validate any provision of State law unless such provision is in-
consistent with any of the purposes of this section or any provi-
sion thereof. 
SUBCHAPTER E—ESPIONAGE AND CENSORSHIP 
Sec. 
301.
Gathering, transmitting or losing defense information. 
302.
Gathering or delivering defense information to aid foreign govern-
ment. 
303.
Disclosure of classified information. 
§ 301. Gathering, transmitting or losing defense 
information 
(a) OFFENSE.—Whoever— 
(1) for the purpose of obtaining information respecting 
the national defense with intent or reason to believe that 
the information is to be used to the injury of the United 
States, or to the advantage of any foreign nation— 
(A) goes upon, enters, flies over, or otherwise ob-
tains information concerning any place connected with 
the national defense owned or constructed, or in 
progress of construction by the United States or under 
the control of the United States, or of any of its offi-
cers, departments, or agencies, or within the exclusive 
jurisdiction of the United States, or any place in which 
any vessel, aircraft, arms, munitions, or other materials 
or instruments for use in time of war are being made, 
prepared, repaired, stored, or are the subject of re-
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search or development, under any contract or agree-
ment with the United States, or any department or 
agency thereof, or with any person on behalf of the 
United States, or otherwise on behalf of the United 
States, or any prohibited place so designated by the 
President by proclamation in time of war or in case of 
national emergency in which anything for the use of 
the Army, Navy, or Air Force is being prepared or con-
structed or stored, information as to which prohibited 
place the President has determined would be prejudicial 
to the national defense; 
(B) copies, takes, makes, or obtains, or attempts 
to copy, take, make, or obtain, any sketch, photograph, 
photographic negative, blueprint, plan, map, model, in-
strument, appliance, document, writing, or note of any-
thing connected with the national defense; or 
(C) receives or obtains or agrees or attempts to re-
ceive or obtain from any person, or from any source 
whatever, any document, writing, code book, signal 
book, sketch, photograph, photographic negative, blue-
print, plan, map, model, instrument, appliance, or note, 
of anything connected with the national defense, know-
ing or having reason to believe, at the time he receives 
or obtains, or agrees or attempts to receive or obtain 
it, that it has been or will be obtained, taken, made, 
or disposed of by any person contrary to this sub-
chapter; 
(2) lawfully having possession of, access to, control 
over, or being entrusted with any document, writing, code 
book, signal book, sketch, photograph, photographic nega-
tive, blueprint, plan, map, model, instrument, appliance, or 
note relating to the national defense, or information relat-
ing to the national defense which information the possessor 
has reason to believe could be used to the injury of the 
United States or to the advantage of any foreign nation, 
knowingly communicates, delivers, transmits or causes to 
be communicated, delivered, or transmitted or attempts to 
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communicate, deliver, transmit or cause to be commu-
nicated, delivered or transmitted the same to any person 
not entitled to receive it, or knowingly retains the same and 
fails to deliver it on demand to the officer or employee of 
the United States entitled to receive it; 
(3) having unauthorized possession of, access to, or 
control over any document, writing, code book, signal book, 
sketch, photograph, photographic negative, blueprint, plan, 
map, model, instrument, appliance, or note relating to the 
national defense, or information relating to the national de-
fense which information the possessor has reason to believe 
could be used to the injury of the United States or to the 
advantage of any foreign nation, knowingly communicates, 
delivers, transmits or causes to be communicated, delivered, 
or transmitted, or attempts to communicate, deliver, trans-
mit or cause to be communicated, delivered, or transmitted 
the same to any person not entitled to receive it, or know-
ingly retains the same and fails to deliver it to the officer 
or employee of the United States entitled to receive it; or 
(4) being entrusted with or having lawful possession or 
control of any document, writing, code book, signal book, 
sketch, photograph, photographic negative, blueprint, plan, 
map, model, instrument, appliance, note, or information, 
relating to the national defense— 
(A) through gross negligence permits the same to 
be removed from its proper place of custody or deliv-
ered to anyone in violation of his trust, or to be lost, 
stolen, abstracted, or destroyed; or 
(B) having knowledge that the same has been ille-
gally removed from its proper place of custody or deliv-
ered to anyone in violation of its trust, or lost, or sto-
len, abstracted, or destroyed, and fails to make prompt 
report of such loss, theft, abstraction, or destruction to 
his superior officer; 
shall be imprisoned not more than ten years. 
(b) CONSPIRACY.—If two or more persons conspire to vio-
late subsection (a), and one or more of such persons do any 
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act to effect the object of the conspiracy, each of the parties 
to such conspiracy shall be subject to the punishment provided 
for the offense which is the object of such conspiracy. 
§ 302. Gathering or delivering defense informa-
tion to aid foreign government 
(a) DURING PEACETIME.—Whoever, with intent or reason 
to believe that it is to be used to the injury of the United 
States or to the advantage of a foreign nation, communicates, 
delivers, or transmits, or attempts to communicate, deliver, or 
transmit, to any foreign government, or to any faction or party 
or military or naval force within a foreign country, whether rec-
ognized or unrecognized by the United States, or to any rep-
resentative, officer, agent, employee, subject, or citizen thereof, 
either directly or indirectly, any document, writing, code book, 
signal book, sketch, photograph, photographic negative, blue-
print, plan, map, model, note, instrument, appliance, or infor-
mation relating to the national defense, shall be punished by 
death or by imprisonment for any term of years or for life, ex-
cept that the sentence of death shall not be imposed unless the 
jury or, if there is no jury, the court, further finds that the 
offense resulted in the identification by a foreign power (as de-
fined in section 101(a) of the Foreign Intelligence Surveillance 
Act of 1978) of an individual acting as an agent of the United 
States and consequently in the death of that individual, or di-
rectly concerned nuclear weaponry, military spacecraft or sat-
ellites, early warning systems, or other means of defense or re-
taliation against large-scale attack; war plans; communications 
intelligence or cryptographic information; or any other major 
weapons system or major element of defense strategy. 
(b) DURING WARTIME.—Whoever, in time of war, with in-
tent that the same shall be communicated to the enemy, col-
lects, records, publishes, or communicates, or attempts to elicit 
any information with respect to the movement, numbers, de-
scription, condition, or disposition of any of the Armed Forces, 
ships, aircraft, or war materials of the United States, or with 
respect to the plans or conduct, or supposed plans or conduct 
of any naval or military operations, or with respect to any 
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works or measures undertaken for or connected with, or in-
tended for the fortification or defense of any place, or any 
other information relating to the public defense, which might 
be useful to the enemy, shall be punished by death or by im-
prisonment for any term of years or for life. 
(c) CONSPIRACY.—If two or more persons conspire to vio-
late this section, and one or more of such persons do any act 
to effect the object of the conspiracy, each of the parties to 
such conspiracy shall be subject to the punishment provided for 
the offense which is the object of such conspiracy. 
§ 303. Disclosure of classified information 
(a) OFFENSE.—Whoever knowingly communicates, fur-
nishes, transmits, or otherwise makes available to an unauthor-
ized 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, mainte-
nance, 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 in-
telligence purposes; or 
(3) concerning the communication intelligence activi-
ties of the United States or any foreign government; or 
(4) obtained by the processes of communication intel-
ligence from the communications of any foreign govern-
ment, knowing the same to have been obtained by such 
processes; 
shall be imprisoned not more than ten years. 
(b) DEFINITIONS.—As used in subsection (a) of this sec-
tion— 
(1) 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 
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100 
Government Agency for limited or restricted dissemination or 
distribution; 
(2) the terms ‘‘code,’’‘‘cipher,’’ and ‘‘cryptographic sys-
tem’’ 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 commu-
nications; 
(3) the term ‘‘foreign government’’ includes in its meaning 
any person or persons acting or purporting to act for or on be-
half of any faction, party, department, agency, bureau, or mili-
tary 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; 
(4) the term ‘‘communication intelligence’’ means all pro-
cedures and methods used in the interception of communica-
tions and the obtaining of information from such communica-
tions by other than the intended recipients; and 
(5) 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) DISCLAIMER.—Nothing in this section prohibits the 
furnishing, upon lawful demand, of information to any regu-
larly constituted committee of the Senate or House of Rep-
resentatives of the United States of America, or joint com-
mittee thereof. 
SUBCHAPTER F—IMMIGRATION AND NATIONALITY 
Sec. 
311.
False Statement in application and use of passport. 
312.
Forgery or false use of passport. 
313.
Misuse of passport. 
314.
Fraud and misuse of visas, permits, and other documents. 
315.
Procurement of citizenship or naturalization unlawfully. 
316.
Sale of naturalization or citizenship papers. 
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101 
317.
Penalties related to removal. 
318.
Bringing in and harboring certain aliens. 
319.
Entry of alien at improper time or place; misrepresentation and 
concealment of facts. 
320.
Reentry of removed alien. 
321.
Aiding or assisting certain aliens to enter the United States. 
322.
Increased penalty for certain terrorism related offenses. 
§ 311. False statement in application and use of 
passport 
Whoever— 
(1) knowingly makes any false statement in an appli-
cation for passport with intent to induce or secure the 
issuance of a passport under the authority of the United 
States, either for his own use or the use of another, con-
trary to the laws regulating the issuance of passports or 
the rules prescribed pursuant to such laws; or 
(2) knowingly uses or attempts to use, or furnishes to 
another for use any passport the issue of which was se-
cured in any way by reason of any false statement; 
shall be imprisoned not more than 15 years. 
§ 312. Forgery or false use of passport 
Whoever— 
(1) falsely makes, forges, counterfeits, mutilates, or al-
ters any passport or instrument purporting to be a pass-
port, with intent that the same may be used; or 
(2) knowingly uses, or attempts to use, or furnishes to 
another for use any such false, forged, counterfeited, muti-
lated, or altered passport or instrument purporting to be a 
passport, or any passport validly issued which has become 
void by the occurrence of any condition therein prescribed 
invalidating the same; 
shall be imprisoned not more than 15 years. 
§ 313. Misuse of passport 
Whoever— 
(1) knowingly uses, or attempts to use, any passport 
issued or designed for the use of another; 
(2) knowingly uses or attempts to use any passport in 
violation of the conditions or restrictions therein contained, 
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102 
or of the rules prescribed pursuant to the laws regulating 
the issuance of passports; or 
(3) knowingly furnishes, disposes of, or delivers a 
passport to any person, for use by another than the person 
for whose use it was originally issued and designed; 
shall be imprisoned not more than 15 years (in the case of any 
other offense). 
§ 314. Fraud and misuse of visas, permits, and 
other documents 
(a) FORGERY AND SIMILAR CONDUCT.—Whoever— 
(1) knowingly forges, counterfeits, alters, or falsely 
makes any immigrant or nonimmigrant visa, permit, border 
crossing card, alien registration receipt card, or other docu-
ment prescribed by statute or regulation for entry into or 
as evidence of authorized stay or employment in the United 
States, or utters, uses, attempts to use, possesses, obtains, 
accepts, or receives any such visa, permit, border crossing 
card, alien registration receipt card, or other document pre-
scribed by statute or regulation for entry into or as evi-
dence of authorized stay or employment in the United 
States, knowing it to be forged, counterfeited, altered, or 
falsely made, or to have been procured by means of any 
false claim or statement, or to have been otherwise pro-
cured by fraud or unlawfully obtained; 
(2) except under direction of the Attorney General or 
the Secretary of Homeland Security, or other proper offi-
cer, knowingly possesses any blank permit, or engraves, 
sells, brings into the United States, or has in his control 
or possession any plate in the likeness of a plate designed 
for the printing of permits, or makes any print, photo-
graph, or impression in the likeness of any immigrant or 
nonimmigrant visa, permit or other document required for 
entry into the United States, or has in his possession a dis-
tinctive paper which has been adopted by the Attorney 
General or Secretary of Homeland Security for the printing 
of such visas, permits, or documents; 
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103 
(3) when applying for an immigrant or nonimmigrant 
visa, permit, or other document required for entry into the 
United States, or for admission to the United States 
personates another, or falsely appears in the name of a de-
ceased individual, or evades or attempts to evade the immi-
gration laws by appearing under an assumed or fictitious 
name without disclosing his true identity, or sells or other-
wise disposes of, or offers to sell or otherwise dispose of, 
or utters, such visa, permit, or other document, to any per-
son not authorized by law to receive such document; or 
(4) knowingly makes under oath, or as permitted 
under penalty of perjury under section 1746 of title 28, 
knowingly subscribes as true, any false statement with re-
spect to a material fact in any application, affidavit, or 
other document required by the immigration laws or regu-
lations prescribed thereunder, or knowingly presents any 
such application, affidavit, or other document which con-
tains any such false statement or which fails to contain any 
reasonable basis in law or fact; 
shall be fined under this title or imprisoned not more than 
15 years. 
(b) USE OF FORGED OF SIMILAR DOCUMENTS.—Whoever 
uses— 
(1) an identification document, knowing or having rea-
son to know that the document was not issued lawfully for 
the use of the possessor; 
(2) an identification document knowing (or having rea-
son to know) that the document is false; or 
(3) a false attestation, 
for the purpose of satisfying a requirement of section 274A(b) 
of the Immigration and Nationality Act, shall be imprisoned 
not more than 5 years. 
(c) EXCLUSION.—This section does not prohibit any law-
fully authorized investigative, protective, or intelligence activity 
of a law enforcement agency of the United States, a State, or 
a subdivision of a State, or of an intelligence agency of the 
United States, or any activity authorized under title V of the 
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104 
Organized Crime Control Act of 1970 (18 U.S.C. note prec. 
3481). 
§ 315. Procurement of citizenship or naturaliza-
tion unlawfully 
Whoever— 
(1) knowingly procures or attempts to procure, con-
trary to law, the naturalization of any person, or documen-
tary or other evidence of naturalization or of citizenship; or 
(2) whether for himself or another person not entitled 
thereto, knowingly issues, procures or obtains or applies for 
or otherwise attempts to procure or obtain naturalization, 
or citizenship, or a declaration of intention to become a cit-
izen, or a certificate of arrival or any certificate or evidence 
of nationalization or citizenship, documentary or otherwise, 
or duplicates or copies of any of the foregoing; 
shall be imprisoned not more than 15 years. 
§ 316. Sale of naturalization or citizenship papers 
Whoever unlawfully sells or disposes of a declaration of in-
tention to become a citizen, certificate of naturalization, certifi-
cate of citizenship or copies or duplicates or other documentary 
evidence of naturalization or citizenship, shall be imprisoned 15 
years. 
§ 317. Penalties related to removal 
(a) PENALTY FOR FAILURE TO DEPART.— 
(1) IN GENERAL.—Any alien against whom a final 
order of removal is outstanding by reason of being a mem-
ber of any of the classes described in section 237(a) of the 
Immigration and Nationality Act, who— 
(A) knowingly fails or refuses to depart from the 
United States within a period of 90 days from the date 
of the final order of removal under administrative proc-
esses, or if judicial review is had, then from the date 
of the final order of the court, 
(B) knowingly fails or refuses to make timely ap-
plication in good faith for travel or other documents 
necessary to the alien’s departure, 
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105 
(C) connives or conspires, or takes any other ac-
tion, designed to prevent or hamper or with the pur-
pose of preventing or hampering the alien’s departure 
pursuant to such, or 
(D) knowingly fails or refuses to present himself 
or herself for removal at the time and place required 
by the Attorney General pursuant to such order, 
shall be imprisoned not more than four years (or 10 years 
if the alien is a member of any of the classes described in 
paragraph (1)(E), (2), (3), or (4) of section 237(a) of the 
Immigration and Nationality Act). 
(2) EXCEPTION.—It is not a violation of paragraph 
(1) to take any proper steps for the purpose of securing 
cancellation of or exemption from such order of removal or 
for the purpose of securing the alien’s release from incar-
ceration or custody. 
(3) SUSPENSION.—The court may for good cause sus-
pend the sentence of an alien under this subsection and 
order the alien’s release under such conditions as the court 
may prescribe. In determining whether good cause has been 
shown to justify releasing the alien, the court shall take 
into account such factors as— 
(A) the age, health, and period of detention of the 
alien; 
(B) the effect of the alien’s release upon the na-
tional security and public peace or safety; 
(C) the likelihood of the alien’s resuming or fol-
lowing a course of conduct which made or would make 
the alien deportable; 
(D) the character of the efforts made by such 
alien himself and by representatives of the country or 
countries to which the alien’s removal is directed to ex-
pedite the alien’s departure from the United States; 
(E) the reason for the inability of the Government 
of the United States to secure passports, other travel 
documents, or removal facilities from the country or 
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106 
countries to which the alien has been ordered removed; 
and 
(F) the eligibility of the alien for discretionary re-
lief under the immigration laws. 
(b) FAILURE TO COMPLY
WITH TERMS
OF RELEASE 
UNDER SUPERVISION.—An alien who knowingly fails to comply 
with regulations or requirements issued pursuant to section 
241(a)(3) of the Immigration and Nationality Act or knowingly 
give false information in response to an inquiry under such sec-
tion shall be imprisoned for not more than one year. 
(c) PENALTIES RELATING TO VESSELS AND AIRCRAFT.— 
(1) CIVIL PENALTIES.— 
(A) FAILURE TO CARRY OUT CERTAIN ORDERS.— 
If the Attorney General is satisfied that a person has 
violated subsection (d) or (e) of section 241 of the Im-
migration and Nationality Act, the person shall pay to 
the Commissioner the sum of $2,000 for each violation. 
(B) FAILURE TO REMOVE ALIEN STOWAWAYS.—If 
the Attorney General is satisfied that a person has 
failed to remove an alien stowaway as required under 
section 241(d)(2) of the Immigration and Nationality 
Act, the person shall pay to the Commissioner the sum 
of $5,000 for each alien stowaway not removed. 
(C) NO COMPROMISE.—The Attorney General may 
not compromise the amount of such penalty under this 
paragraph. 
(2) CLEARING VESSELS AND AIRCRAFT.— 
(A) CLEARANCE
BEFORE
DECISION
ON
LIABIL-
ITY.—A vessel or aircraft may be granted clearance be-
fore a decision on liability is made under paragraph (1) 
only if a bond approved by the Attorney General or an 
amount sufficient to pay the civil penalty is deposited 
with the Commissioner. 
(B) PROHIBITION ON CLEARANCE WHILE PENALTY 
UNPAID.—A vessel or aircraft may not be granted 
clearance if a civil penalty imposed under paragraph 
(1) is not paid. 
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107 
(d) DISCONTINUING GRANTING VISAS TO NATIONALS OF 
COUNTRY DENYING
OR DELAYING ACCEPTING ALIEN.—On 
being notified by the Attorney General that the government of 
a foreign country denies or unreasonably delays accepting an 
alien who is a citizen, subject, national, or resident of that 
country after the Attorney General asks whether the govern-
ment will accept the alien under this section, the Secretary of 
State shall order consular officers in that foreign country to 
discontinue granting immigrant visas or nonimmigrant visas, or 
both, to citizens, subjects, nationals, and residents of that 
country until the Attorney General notifies the Secretary that 
the country has accepted the alien. 
§ 318. Bringing in and harboring certain aliens 
(a) CRIMINAL PENALTIES.—(1)(A) Whoever— 
(i) knowing that a person is an alien, brings to or at-
tempts to bring to the United States in any manner what-
soever such person at a place other than a designated port 
of entry or place other than as designated by the Commis-
sioner, regardless of whether such alien has received prior 
official authorization to come to, enter, or reside in the 
United States and regardless of any future official action 
which may be taken with respect to such alien; 
(ii) knowing or in reckless disregard of the fact that 
an alien has come to, entered, or remains in the United 
States in violation of law, transports, or moves or attempts 
to transport or move such alien within the United States 
by means of transportation or otherwise, in furtherance of 
such violation of law; 
(iii) knowing or in reckless disregard of the fact that 
an alien has come to, entered, or remains in the United 
States in violation of law, conceals, harbors, or shields from 
detection, or attempts to conceal, harbor, or shield from de-
tection, such alien in any place, including any building or 
any means of transportation; 
(iv) encourages or induces an alien to come to, enter, 
or reside in the United States, knowing or in reckless dis-
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