50 U.S.C. § 797
Section 797 · Penalty for violation of security regulations and orders
Amended 2 times on record
Applied in 19 court decisions — leading case United States v. Aarons (1962)
Most recently applied in United States v. Apel (February 2014)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(1) Misdemeanor
Whoever willfully violates any defense property security regulation shall be fined under title 18 or imprisoned not more than one year, or both.
(2) Defense property security regulation described
For purposes of paragraph (1), a defense property security regulation is a property security regulation that, pursuant to lawful authority—
(A) shall be or has been promulgated or approved by the Secretary of Defense (or by a military commander designated by the Secretary of Defense or by a military officer, or a civilian officer or employee of the Department of Defense, holding a senior Department of Defense director position designated by the Secretary of Defense) for the protection or security of Department of Defense property; or
(B) shall be or has been promulgated or approved by the Administrator of the National Aeronautics and Space Administration for the protection or security of NASA property.
(3) Property security regulation described
For purposes of paragraph (2), a property security regulation, with respect to any property, is a regulation—
(A) relating to fire hazards, fire protection, lighting, machinery, guard service, disrepair, disuse, or other unsatisfactory conditions on such property, or the ingress thereto or egress or removal of persons therefrom; or
(B) otherwise providing for safeguarding such property against destruction, loss, or injury by accident or by enemy action, sabotage, or other subversive actions.
(4) Definitions
In this subsection:
(A) Department of Defense property
The term “Department of Defense property” means covered property subject to the jurisdiction, administration, or in the custody of the Department of Defense, any Department or agency of which that Department consists, or any officer or employee of that Department or agency.
(B) NASA property
The term “NASA property” means covered property subject to the jurisdiction, administration, or in the custody of the National Aeronautics and Space Administration or any officer or employee thereof.
(C) Covered property
The term “covered property” means aircraft, airports, airport facilities, vessels, harbors, ports, piers, water-front facilities, bases, forts, posts, laboratories, stations, vehicles, equipment, explosives, or other property or places.
(D) Regulation as including order
The term “regulation” includes an order.
Any regulation or order covered by subsection (a) of this section shall be posted in conspicuous and appropriate places.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
2006—Pub. L. 109–163 amended section generally. Prior to amendment, section related to security regulations and orders and penalties for violations.