US (United States) Code. Title 50. Chapter 23: Internal security

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # War and National Defense

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-CITE-

50 USC CHAPTER 23 - INTERNAL SECURITY 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

-HEAD-

CHAPTER 23 - INTERNAL SECURITY

-MISC1-

SUBCHAPTER I - CONTROL OF SUBVERSIVE ACTIVITIES

Sec.

781, 782. Repealed.

783. Offenses.

(a) Communication of classified information by

Government officer or employee.

(b) Receipt of, or attempt to receive, by foreign

agent or member of Communist organization,

classified information.

(c) Penalties for violation.

(d) Limitation period.

(e) Forfeiture of property.

784 to 795. Repealed.

796. Effect of subchapter on other criminal laws.

797. Security regulations and orders; penalty for

violation.

798. Repealed.

SUBCHAPTER II - EMERGENCY DETENTION OF SUSPECTED SECURITY RISKS

811 to 826. Repealed.

SUBCHAPTER III - PERSONNEL SECURITY PROCEDURES IN NATIONAL SECURITY

AGENCY

831. Regulations for employment security.

832. Full field investigation and appraisal.

(a) Conditional employment; other current security

clearance; circumstances authorizing

employment on temporary basis.

(b) Boards of appraisal; establishment; membership;

appointment; appraisal in doubtful cases;

report and recommendation; qualifications of

members; Secretary's clearance contrary to

board's recommendation.

833. Repealed.

834. "Classified information" defined.

835. Nonapplicability of administrative procedure

provisions.

SUBCHAPTER IV - COMMUNIST CONTROL

841. Findings and declarations of fact.

842. Proscription of Communist Party, its successors, and

subsidiary organizations.

843. Application of Internal Security Act of 1950 to

members of Communist Party and other subversive

organizations; "Communist Party" defined.

844. Determination by jury of membership in Communist

Party, participation, or knowledge of purpose.

SUBCHAPTER V - REGISTRATION OF CERTAIN PERSONS TRAINED IN FOREIGN

ESPIONAGE SYSTEMS

851. Registration of certain persons; filing statement;

regulations.

852. Exemption from registration.

853. Retention of registration statements; public

examination; withdrawal.

854. Rules, regulations, and forms.

855. Violations; penalties; deportation.

856. Continuing offense.

857. Compliance with other registration statutes.

858. Applicability to Canal Zone.

APPLICATION TO COMMUNIST PARTY MEMBERS

Application of subchapters I and II of this chapter and other

provisions of the Internal Security Act of 1950, as amended, to

members of the Communist Party and other subversive organizations,

see section 843 of this title, and References in Text note set out

under that section.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 842, 843 of this title;

title 26 section 3121; title 42 section 410.

-End-

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50 USC SUBCHAPTER I - CONTROL OF SUBVERSIVE ACTIVITIES 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER I - CONTROL OF SUBVERSIVE ACTIVITIES

-HEAD-

SUBCHAPTER I - CONTROL OF SUBVERSIVE ACTIVITIES

-MISC1-

APPLICATION TO COMMUNIST PARTY MEMBERS

Application of this subchapter to members of the Communist Party

and other subversive organizations, see section 843 of this title,

and References in Text note set out under that section.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 42 section 2000e-2.

-End-

-CITE-

50 USC Sec. 781 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER I - CONTROL OF SUBVERSIVE ACTIVITIES

-HEAD-

Sec. 781. Repealed. Pub. L. 103-199, title VIII, Sec. 803(1), Dec.

17, 1993, 107 Stat. 2329

-MISC1-

Section, acts Sept. 23, 1950, ch. 1024, title I, Sec. 2, 64 Stat.

987; Jan. 2, 1968, Pub. L. 90-237, Sec. 1, 81 Stat. 765, related to

Congressional finding of necessity to control subversive

activities.

SHORT TITLE

Act Sept. 23, 1950, provided that: "This Act [enacting

subchapters I to III of this chapter and section 1507 of Title 18,

Crimes and Criminal Procedure, amending sections 137 to 137-8, 156,

456, 457, 704, 705, 725, 729, 733, 734, and 735 of Title 8, Aliens

and Nationality, section 793 of Title 18, and sections 611 and 618

of Title 22, Foreign Relations and Intercourse, enacting provisions

set out as notes under sections 781 and 811 of this title and

section 792 of Title 18, and amending a provision set out as a note

under section 402 of this title] may be cited as the 'Internal

Security Act of 1950'."

Section 1(a) of act Sept. 23, 1950, which provided that title I

of act Sept. 23, 1950, which enacted this subchapter and section

1507 of Title 18, Crimes and Criminal Procedure, amended sections

137 to 137-8, 156, 456, 457, 704, 705, 725, 729, 733, 734, and 735

of Title 8, Aliens and Nationality, section 793 of Title 18, and

sections 611 and 618 of Title 22, Foreign Relations and

Intercourse, and enacted provisions set out as notes under section

781 of this title and section 792 of Title 18, be cited as the

"Subversive Activities Control Act of 1950", was repealed by Pub.

L. 103-199, title VIII, Sec. 803(1), Dec. 17, 1993, 107 Stat. 2329.

Act Aug. 24, 1954, ch. 886, Sec. 1, 68 Stat. 775, provided: "That

this Act [enacting sections 792a and subchapter IV of this chapter,

amending sections 782, 784, 785, 789 to 792, and 793 of this title,

and enacting a provision set out as a note under section 841 of

this title] may be cited as the 'Communist Control Act of 1954'."

SEPARABILITY

Section 32 of title I of act Sept. 23, 1950, provided: "If any

provision of this title [see Short Title note above] or the

application thereof to any person or circumstances, is held

invalid, the remaining provisions of this title, or the application

of such provision to other persons or circumstances, shall not be

affected thereby."

-End-

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50 USC Sec. 782 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER I - CONTROL OF SUBVERSIVE ACTIVITIES

-HEAD-

Sec. 782. Repealed. Pub. L. 103-199, title VIII, Sec. 803(1), Dec.

17, 1993, 107 Stat. 2329

-MISC1-

Section, acts Sept. 23, 1950, ch. 1024, title I, Sec. 3, 64 Stat.

989; Aug. 24, 1954, ch. 886, Sec. 7(a), (b), 68 Stat. 777; May 31,

1962, Pub. L. 87-474, Sec. 1(a), 76 Stat. 91; Jan. 2, 1968, Pub. L.

90-237, Sec. 2, 81 Stat. 765, defined terms for purposes of this

subchapter.

-End-

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50 USC Sec. 783 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER I - CONTROL OF SUBVERSIVE ACTIVITIES

-HEAD-

Sec. 783. Offenses

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

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.

-TRANS-

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.

-SECREF-

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.

-End-

-CITE-

50 USC Secs. 784, 785 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER I - CONTROL OF SUBVERSIVE ACTIVITIES

-HEAD-

Secs. 784, 785. Repealed. Pub. L. 103-199, title VIII, Sec. 803(1),

Dec. 17, 1993, 107 Stat. 2329

-MISC1-

Section 784, acts Sept. 23, 1950, ch. 1024, title I, Sec. 5, 64

Stat. 992; Aug. 24, 1954, ch. 886, Secs. 6, 7(c), 68 Stat. 777,

778; May 31, 1962, Pub. L. 87-474, Sec. 1(b), 76 Stat. 91; Jan. 2,

1968, Pub. L. 90-237, Sec. 4, 81 Stat. 765, related to employment

of members of Communist organizations.

Section 785, acts Sept. 23, 1950, ch. 1024, title I, Sec. 6, 64

Stat. 993; Aug. 24, 1954, ch. 886, Sec. 7(c), 68 Stat. 778, related

to denial of United States passports to members of Communist

organizations.

-End-

-CITE-

50 USC Secs. 786, 787 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER I - CONTROL OF SUBVERSIVE ACTIVITIES

-HEAD-

Secs. 786, 787. Repealed. Pub. L. 90-237, Sec. 5, Jan. 2, 1968, 81

Stat. 766

-MISC1-

Section 786, acts Sept. 23, 1950, ch. 1024, title I, Sec. 7, 64

Stat. 993; July 29, 1954, ch. 646, 68 Stat. 586, related to

registration of Communist-action and Communist-front organizations

with the Attorney General, the preparation and filing of a

registration statement and subsequent annual reports by such

organizations, duty of such organizations to keep certain specified

records and accounts, duty of Attorney General to notify

individuals listed in any registration statement as an officer or

member of such organization that such individual is so listed,

investigation and determination of denials of membership and

petition for relief in cases where Attorney General declines or

fails to strike name of any individual from an annual report or

registration statement.

Section 787, act Sept. 23, 1950, ch. 1024, title I, Sec. 8, 64

Stat. 995, related to registration of members of Communist-action

organizations with Attorney General and preparation and filing of a

registration statement by such individuals.

-End-

-CITE-

50 USC Secs. 788 to 795 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER I - CONTROL OF SUBVERSIVE ACTIVITIES

-HEAD-

Secs. 788 to 795. Repealed. Pub. L. 103-199, title VIII, Sec.

803(1), Dec. 17, 1993, 107 Stat. 2329

-MISC1-

Section 788, acts Sept. 23, 1950, ch. 1024, title I, Sec. 9, 64

Stat. 995; Jan. 2, 1968, Pub. L. 90-237, Sec. 6, 81 Stat. 766,

related to records of final orders of Subversive Activities Control

Board and to public inspection of those records.

Section 789, acts Sept. 23, 1950, ch. 1024, title I, Sec. 10, 64

Stat. 996; Aug. 24, 1954, ch. 886, Sec. 8(a), 68 Stat. 778; Jan. 2,

1968, Pub. L. 90-237, Sec. 7, 81 Stat. 766, related to use of mails

and instrumentalities of interstate or foreign commerce by

Communist organizations.

Section 790, acts Sept. 23, 1950, ch. 1024, title I, Sec. 11, 64

Stat. 996; Aug. 24, 1954, ch. 886, Sec. 8(b), 68 Stat. 778; Jan. 2,

1968, Pub. L. 90-237, Sec. 8, 81 Stat. 767; Oct. 22, 1986, Pub. L.

99-514, Sec. 2, 100 Stat. 2095, related to denial of tax deductions

and exemptions for contributions to Communist organizations.

Section 791, acts Sept. 23, 1950, ch. 1024, title I, Sec. 12, 64

Stat. 977; July 12, 1952, ch. 697, 66 Stat. 590; Aug. 24, 1954, ch.

886, Sec. 9(a), 68 Stat. 778; Aug. 5, 1955, ch. 580, Sec. 1, 69

Stat. 539; Jan. 2, 1968, Pub. L. 90-237, Sec. 9, 81 Stat. 767,

established the Subversive Activities Control Board and provided

for its Chairman, membership, filling of vacancies, duties,

appointment and compensation of personnel, reports to Congress and

President, appropriations, and termination of the Board on June 30,

1969, unless in the period beginning Jan. 2, 1968 and ending Dec.

31, 1968, a proceeding was instituted.

Section 792, acts Sept. 23, 1950, ch. 1024, title I, Sec. 13, 64

Stat. 998; Aug. 24, 1954, ch. 886, Sec. 9(b), 68 Stat. 778; Jan. 2,

1968, Pub. L. 90-237, Sec. 10, 81 Stat. 768; Oct. 15, 1970, Pub. L.

91-452, title II, Sec. 247, 84 Stat. 931, related to Board

proceedings with respect to Communist action and Communist front

organizations and provided for petition by Attorney General to

Board for determination of Communist action or Communist front

organizations, petition for review, not more than once every

calendar year, for redetermination by Board, public hearings,

criteria to be considered in making determinations, written report

of findings to be served on Attorney General, and publication of

final orders in the Federal Register.

Section 792a, acts Sept. 23, 1950, ch. 1024, title I, Sec. 13A,

as added Aug. 24, 1954, ch. 886, Sec. 10, 68 Stat. 778; amended

July 26, 1955, ch. 381, 69 Stat. 375; Jan. 2, 1968, Pub. L. 90-237,

Sec. 11, 81 Stat. 771; Nov. 8, 1984, Pub. L. 98-620, title IV, Sec.

402(53), 98 Stat. 3361, related to labor organizations determined

by Board to be Communist.

Section 793, acts Sept. 23, 1950, ch. 1024, title I, Sec. 14, 64

Stat. 1001; Aug. 24, 1954, ch. 886, Sec. 11, 68 Stat. 780; Aug. 28,

1958, Pub. L. 85-791, Sec. 29, 72 Stat. 950; Jan. 2, 1968, Pub. L.

90-237, Sec. 12, 81 Stat. 771, provided for judicial review of

orders of Board to United States Court of Appeals for the District

of Columbia if petition was filed within sixty days from date of

service of such order and specified time of finality of the Board's

orders.

Section 794, acts Sept. 23, 1950, ch. 1024, title I, Sec. 15, 64

Stat. 1002; Jan. 2, 1968, Pub. L. 90-237, Sec. 13, 81 Stat. 771,

provided for penalties for violation of former sections 784 and 789

of this title.

Section 795, act Sept. 23, 1950, ch. 1024, title I, Sec. 16, 64

Stat. 1003, related to applicability of administrative procedure

provisions to Board.

-End-

-CITE-

50 USC Sec. 796 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER I - CONTROL OF SUBVERSIVE ACTIVITIES

-HEAD-

Sec. 796. Effect of subchapter on other criminal laws

-STATUTE-

The foregoing provisions of this subchapter shall be construed as

being in addition to and not in modification of existing criminal

statutes.

-SOURCE-

(Sept. 23, 1950, ch. 1024, title I, Sec. 17, 64 Stat. 1003.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this

title", meaning title I of act Sept. 23, 1950, ch. 1024, 64 Stat.

987, as amended, known as the Subversive Activities Control Act of

1950, which is classified principally to this subchapter. For

complete classification of title I of such act to the Code, see

Short Title note set out under section 781 of this title and

Tables.

-End-

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50 USC Sec. 797 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER I - CONTROL OF SUBVERSIVE ACTIVITIES

-HEAD-

Sec. 797. Security regulations and orders; penalty for violation

-STATUTE-

(a) Whoever willfully shall violate any such regulation or order

as, pursuant to lawful authority, shall be or has been promulgated

or approved by the Secretary of Defense, or by any military

commander designated by the Secretary of Defense, or by the

Director of the National Advisory Committee for Aeronautics, for

the protection or security of military or naval aircraft, airports,

airport facilities, vessels, harbors, ports, piers, water-front

facilities, bases, forts, posts, laboratories, stations, vehicles,

equipment, explosives, or other property or places subject to the

jurisdiction, administration, or in the custody of the Department

of Defense, any Department or agency of which said Department

consists, or any officer or employee of said Department or agency,

or of the National Advisory Committee for Aeronautics or any

officer or employee thereof, relating to fire hazards, fire

protection, lighting, machinery, guard service, disrepair, disuse

or other unsatisfactory conditions thereon, or the ingress thereto

or egress or removal of persons therefrom, or otherwise providing

for safeguarding the same against destruction, loss, or injury by

accident or by enemy action, sabotage or other subversive actions,

shall be guilty of a misdemeanor and upon conviction thereof shall

be liable to a fine of not to exceed $5,000 or to imprisonment for

not more than one year, or both.

(b) Every such regulation or order shall be posted in conspicuous

and appropriate places.

-SOURCE-

(Sept. 23, 1950, ch. 1024, title I, Sec. 21, 64 Stat. 1005.)

-MISC1-

TERMINATION OF NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS

The National Advisory Committee for Aeronautics, as established

by act Mar. 3, 1915, ch. 83, 38 Stat. 930, was terminated pursuant

to section 301(a) of Pub. L. 85-568, title III, July 29, 1958, 72

Stat. 432, set out as a note under section 2472 of Title 42, The

Public Health and Welfare, which transferred all its functions,

powers, duties, and obligations to the National Aeronautics and

Space Administration. See section 2451 et seq. of Title 42.

-End-

-CITE-

50 USC Sec. 798 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER I - CONTROL OF SUBVERSIVE ACTIVITIES

-HEAD-

Sec. 798. Repealed. Pub. L. 103-199, title VIII, Sec. 803(1), Dec.

17, 1993, 107 Stat. 2329

-MISC1-

Section, act Sept. 23, 1950, ch. 1024, title I, Sec. 1(b), 64

Stat. 987, provided that the Internal Security Act of 1950 not be

construed to authorize, require, or establish military or civilian

censorship or in any way to limit or infringe upon freedom of press

or of speech as guaranteed by Constitution.

-End-

-CITE-

50 USC SUBCHAPTER II - EMERGENCY DETENTION OF SUSPECTED

SECURITY RISKS 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER II - EMERGENCY DETENTION OF SUSPECTED SECURITY RISKS

-HEAD-

SUBCHAPTER II - EMERGENCY DETENTION OF SUSPECTED SECURITY RISKS

-End-

-CITE-

50 USC Secs. 811 to 826 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER II - EMERGENCY DETENTION OF SUSPECTED SECURITY RISKS

-HEAD-

Secs. 811 to 826. Repealed. Pub. L. 92-128, Sec. 2(a), Sept. 25,

1971, 85 Stat. 348

-MISC1-

Section 811, act Sept. 23, 1950, ch. 1024, title II, Sec. 101, 64

Stat. 1019, related to Congressional finding of necessity.

Section 812, act Sept. 23, 1950, ch. 1024, title II, Sec. 102, 64

Stat. 1021, related to declaration of "internal security emergency"

by the President, events warranting the declaration, and period of

existence.

Section 813, act Sept. 23, 1950, ch. 1024, title II, Sec. 103, 64

Stat. 1021, related to detention during emergency and to release.

Section 814, act Sept. 23, 1950, ch. 1024, title II, Sec. 104, 64

Stat. 1022, related to procedure for apprehension and detention,

providing in subsecs. (a) to (h), respectively, for warrants and

applications; service of warrants and apprehension, and copies for

persons apprehended; places of confinement, provision for

transportation, food, shelter, etc., and supervision; preliminary

hearing, rights of detainee, evidence, orders and reports of

hearing officer, and appointment of preliminary hearing officers;

receipt of additional information upon request of detainee, and

revocation or modification of detention order; presentation of

evidence in case of Board or court review and right to withhold

certain information; regulations by Attorney General and exclusion

of forced labor and confinement with criminals; and bimonthly

reports to President and Congress during emergency.

Section 815, act Sept. 23, 1950, ch. 1024, title II, Sec. 105, 64

Stat. 1023, related to the Detention Review Board, providing in

subsecs. (a) to (d), respectively, for creation of Board,

membership, terms, designation of Chairman, and removal; Board

divisions, vacancies, powers of remaining members, quorums,

official seal, and judicial notice thereof; reports to Congress and

its contents; and dissolution upon termination of emergency,

release of detainees, conclusion of proceedings, and subsequent

establishment.

Section 816, act Sept. 23, 1950, ch. 1024, title II, Sec. 106, 64

Stat. 1024, related to salaries of Board members, other personnel,

use of agencies and services, expenses, and appropriations.

Section 817, act Sept. 23, 1950, ch. 1024, title II, Sec. 107, 64

Stat. 1024, specified the District of Columbia as Board

headquarters and related to meetings and hearings outside the

District.

Section 818, act Sept. 23, 1950, ch. 1024, title II, Sec. 108, 64

Stat. 1024, related to rules and regulations by the Board and

applicability of the Administrative Procedure Act.

Section 819, act Sept. 23, 1950, ch. 1024, title II, Sec. 109, 64

Stat. 1025, related to powers and duties of Board, providing in

subsecs. (a) to (j), respectively, for review of, and action on,

orders and claims, and determination of security risks; time for

hearing on petition for review, the notice and place; information

which may be given to detainee in review cases; subpenas, oaths,

affirmations, witnesses, evidence, aid of courts, and contempt;

service of papers, fees and mileage, and information from other

Government agencies; rights of detainee at hearing; consideration

of confidential evidence, reduction of evidence to writing, and

additional testimony, and argument; evidentiary matters considered

in deciding questions as to security risks; necessity for

reasonable ground for belief, and claims for indemnity and receipt

of evidence having probative value.

Section 820, acts Sept. 23, 1950, ch. 1024, title II, Sec. 110,

64 Stat. 1027; Aug. 28, 1958, Pub. L. 85-791, Sec. 30(a), 72 Stat.

950, related to orders of Board, providing in subsecs. (a) to (e),

respectively, for revocation of detention order; orders sustaining

or denying indemnity claims; dismissal of petition and confirmation

of detention order; report and recommended order of hearing

examiner, and effectiveness after expiration of time period; and

modification or setting aside by Board of its own findings or

orders prior to court review.

Section 821, acts Sept. 23, 1950, ch. 1024, title II, Sec. 111,

64 Stat. 1028; Aug. 28, 1958, Pub. L. 85-791, Sec. 30(b), (c), 72

Stat. 950, 951, related to judicial review, providing in subsecs.

(a) to (g), respectively, for rights of petitioner; orders granting

indemnity and right of Attorney General; courts of appeals, place,

petition, time, service, record, statement, powers of court, and

conclusiveness of Board's finding; additional evidence,

modification of, or new, findings by Board, recommendations,

exclusiveness of court jurisdiction, finality of judgment, and

review by Supreme Court; commencement of review proceeding as stay

of Board's order; time of finality of Board's order; and

applicability of Administrative Procedure Act.

Section 822, act Sept. 23, 1950, ch. 1024, title II, Sec. 112, 64

Stat. 1029, related to resisting, disregarding, or evading

apprehension, escape or attempts at escape, conspiracy, and to

penalties.

Section 823, act Sept. 23, 1950, ch. 1024, title II, Sec. 113, 64

Stat. 1030, related to aiding evasion of apprehension or escape,

concealment, conspiracy, and to penalties.

Section 824, act Sept. 23, 1950, ch. 1024, title II, Sec. 114, 64

Stat. 1030, related to resistance of, or interference with, Board

members or agents and to penalties.

Section 825, act Sept. 23, 1950, ch. 1024, title II, Sec. 115, 64

Stat. 1030, related to definitions.

Section 826, act Sept. 23, 1950, ch. 1024, title II, Sec. 116, 64

Stat. 1030, related to preservation of privilege of habeas corpus.

-End-

-CITE-

50 USC SUBCHAPTER III - PERSONNEL SECURITY PROCEDURES IN

NATIONAL SECURITY AGENCY 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER III - PERSONNEL SECURITY PROCEDURES IN NATIONAL SECURITY

AGENCY

-HEAD-

SUBCHAPTER III - PERSONNEL SECURITY PROCEDURES IN NATIONAL SECURITY

AGENCY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 5 section 2305.

-End-

-CITE-

50 USC Sec. 831 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER III - PERSONNEL SECURITY PROCEDURES IN NATIONAL SECURITY

AGENCY

-HEAD-

Sec. 831. Regulations for employment security

-STATUTE-

Subject to the provisions of this subchapter, the Secretary of

Defense (hereafter in this subchapter referred to as the

"Secretary") shall prescribe such regulations relating to

continuing security procedures as he considers necessary to assure

-

(1) that no person shall be employed in, or detailed or

assigned to, the National Security Agency (hereafter in this

subchapter referred to as the "Agency"), or continue to be so

employed, detailed, or assigned; and

(2) that no person so employed, detailed, or assigned shall

have access to any classified information;

unless such employment, detail, assignment, or access to classified

information is clearly consistent with the national security.

-SOURCE-

(Sept. 23, 1950, ch. 1024, title III, Sec. 301, as added Pub. L.

88-290, Mar. 26, 1964, 78 Stat. 168.)

-End-

-CITE-

50 USC Sec. 832 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER III - PERSONNEL SECURITY PROCEDURES IN NATIONAL SECURITY

AGENCY

-HEAD-

Sec. 832. Full field investigation and appraisal

-STATUTE-

(a) Conditional employment; other current security clearance;

circumstances authorizing employment on temporary basis

No person shall be employed in, or detailed or assigned to, the

Agency unless he has been the subject of a full field investigation

in connection with such employment, detail, or assignment, and is

cleared for access to classified information in accordance with the

provisions of this subchapter; excepting that conditional

employment without access to sensitive cryptologic information or

material may be tendered any applicant, under such regulations as

the Secretary may prescribe, pending the completion of such full

field investigation: And provided further, That such full field

investigation at the discretion of the Secretary need not be

required in the case of persons assigned or detailed to the Agency

who have a current security clearance for access to sensitive

cryptologic information under equivalent standards of investigation

and clearance. During any period of war declared by the Congress,

or during any period when the Secretary determines that a national

disaster exists, or in exceptional cases in which the Secretary (or

his designee for such purpose) makes a determination in writing

that his action is necessary or advisable in the national interest,

he may authorize the employment of any person in, or the detail or

assignment of any person to, the Agency, and may grant to any such

person access to classified information, on a temporary basis,

pending the completion of the full field investigation and the

clearance for access to classified information required by this

subsection, if the Secretary determines that such action is clearly

consistent with the national security.

(b) Boards of appraisal; establishment; membership; appointment;

appraisal in doubtful cases; report and recommendation;

qualifications of members; Secretary's clearance contrary to

board's recommendation

To assist the Secretary and the Director of the Agency in

carrying out their personnel security responsibilities, one or more

boards of appraisal of three members each, to be appointed by the

Director of the Agency, shall be established in the Agency. Such a

board shall appraise the loyalty and suitability of persons for

access to classified information, in those cases in which the

Director of the Agency determines that there is a doubt whether

their access to that information would be clearly consistent with

the national security, and shall submit a report and recommendation

on each such a case. However, appraisal by such a board is not

required before action may be taken under sections 7512 and 7532 of

title 5, or any other similar provision of law. Each member of such

a board shall be specially qualified and trained for his duties as

such a member, shall have been the subject of a full field

investigation in connection with his appointment as such a member,

and shall have been cleared by the Director for access to

classified information at the time of his appointment as such a

member. No person shall be cleared for access to classified

information, contrary to the recommendations of any such board,

unless the Secretary (or his designee for such purpose) shall make

a determination in writing that such employment, detail,

assignment, or access to classified information is in the national

interest.

-SOURCE-

(Sept. 23, 1950, ch. 1024, title III, Sec. 302, as added Pub. L.

88-290, Mar. 26, 1964, 78 Stat. 168.)

-COD-

CODIFICATION

In subsec. (b), "sections 7512 and 7532 of title 5" substituted

for "section 14 of the Act of June 27, 1944, chapter 287, as

amended (5 U.S.C. 863), section 1 of the Act of August 26, 1950,

chapter 803, as amended (5 U.S.C. 22-1)" on authority of Pub. L.

89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section

of which enacted Title 5, Government Organization and Employees.

Sections 7511 and 7512 (which related to adverse actions against

preference eligible employees and comprised subchapter II of

chapter 75) were repealed by Pub. L. 95-454 and replaced by a new

subchapter II (Secs. 7511-7514) of chapter 75 (relating to removal,

suspension for more than 14 days, reduction in grade or pay, or

furlough for 30 days or less).

-End-

-CITE-

50 USC Sec. 833 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER III - PERSONNEL SECURITY PROCEDURES IN NATIONAL SECURITY

AGENCY

-HEAD-

Sec. 833. Repealed. Pub. L. 104-201, div. A, title XVI, Sec.

1633(b)(2), Sept. 23, 1996, 110 Stat. 2751

-MISC1-

Section, act Sept. 23, 1950, ch. 1024, title III, Sec. 303, as

added Mar. 26, 1964, Pub. L. 88-290, 78 Stat. 169; amended Oct. 27,

1972, Pub. L. 92-596, Sec. 7, 86 Stat. 1318; Oct. 21, 1977, Pub. L.

95-140, Sec. 3(c), 91 Stat. 1173; 1978 Reorg. Plan No. 2, Sec. 102,

eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Oct. 1, 1986, Pub.

L. 99-433, title I, Sec. 110(h)(3), 100 Stat. 1004, related to

termination of employment.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1996, see section 1635 of Pub. L.

104-201, set out as an Effective Date of 1996 Amendment note under

section 1593 of Title 10, Armed Forces.

-End-

-CITE-

50 USC Sec. 834 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER III - PERSONNEL SECURITY PROCEDURES IN NATIONAL SECURITY

AGENCY

-HEAD-

Sec. 834. "Classified information" defined

-STATUTE-

For the purposes of this section, the term "classified

information" means information which, for reasons of national

security, is specifically designated by a United States Government

agency for limited or restricted dissemination or distribution.

-SOURCE-

(Sept. 23, 1950, ch. 1024, title III, Sec. 304, as added Pub. L.

88-290, Mar. 26, 1964, 78 Stat. 170.)

-End-

-CITE-

50 USC Sec. 835 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER III - PERSONNEL SECURITY PROCEDURES IN NATIONAL SECURITY

AGENCY

-HEAD-

Sec. 835. Nonapplicability of administrative procedure provisions

-STATUTE-

Subchapter II of chapter 5, and chapter 7, of title 5, shall not

apply to the use or exercise of any authority granted by this

subchapter.

-SOURCE-

(Sept. 23, 1950, ch. 1024, title III, Sec. 305, as added Pub. L.

88-290, Mar. 26, 1964, 78 Stat. 170.)

-COD-

CODIFICATION

"Subchapter II of chapter 5, and chapter 7, of title 5"

substituted in text for "the Administrative Procedure Act, as

amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

-End-

-CITE-

50 USC SUBCHAPTER IV - COMMUNIST CONTROL 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER IV - COMMUNIST CONTROL

-HEAD-

SUBCHAPTER IV - COMMUNIST CONTROL

-End-

-CITE-

50 USC Sec. 841 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER IV - COMMUNIST CONTROL

-HEAD-

Sec. 841. Findings and declarations of fact

-STATUTE-

The Congress finds and declares that the Communist Party of the

United States, although purportedly a political party, is in fact

an instrumentality of a conspiracy to overthrow the Government of

the United States. It constitutes an authoritarian dictatorship

within a republic, demanding for itself the rights and privileges

accorded to political parties, but denying to all others the

liberties guaranteed by the Constitution. Unlike political parties,

which evolve their policies and programs through public means, by

the reconciliation of a wide variety of individual views, and

submit those policies and programs to the electorate at large for

approval or disapproval, the policies and programs of the Communist

Party are secretly prescribed for it by the foreign leaders of the

world Communist movement. Its members have no part in determining

its goals, and are not permitted to voice dissent to party

objectives. Unlike members of political parties, members of the

Communist Party are recruited for indoctrination with respect to

its objectives and methods, and are organized, instructed, and

disciplined to carry into action slavishly the assignments given

them by their hierarchical chieftains. Unlike political parties,

the Communist Party acknowledges no constitutional or statutory

limitations upon its conduct or upon that of its members. The

Communist Party is relatively small numerically, and gives scant

indication of capacity ever to attain its ends by lawful political

means. The peril inherent in its operation arises not from its

numbers, but from its failure to acknowledge any limitation as to

the nature of its activities, and its dedication to the proposition

that the present constitutional Government of the United States

ultimately must be brought to ruin by any available means,

including resort to force and violence. Holding that doctrine, its

role as the agency of a hostile foreign power renders its existence

a clear present and continuing danger to the security of the United

States. It is the means whereby individuals are seduced into the

service of the world Communist movement, trained to do its bidding,

and directed and controlled in the conspiratorial performance of

their revolutionary services. Therefore, the Communist Party should

be outlawed.

-SOURCE-

(Aug. 24, 1954, ch. 886, Sec. 2, 68 Stat. 775.)

-COD-

CODIFICATION

Section was enacted as part of the Communist Control Act of 1954,

and not as part of the Internal Security Act of 1950 which

comprises subchapters I to III of this chapter.

-MISC1-

SHORT TITLE

For short title of this subchapter as the "Communist Control Act

of 1954", see section 1 of act Aug. 24, 1954, set out as a note

under section 781 of this title.

SEPARABILITY

Section 12 of act Aug. 24, 1954, provided: "If any provision of

this title [see Short Title note above] or the application thereof

to any person or circumstances is held invalid, the remainder of

the title and the application of such provisions to other persons

or circumstances, shall not be affected thereby."

The use of the word "Act", in place of the word "title" as used

in section 12 of act of Aug. 24, 1954, quoted above, was probably

intended, since that act is not divided into titles.

-End-

-CITE-

50 USC Sec. 842 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER IV - COMMUNIST CONTROL

-HEAD-

Sec. 842. Proscription of Communist Party, its successors, and

subsidiary organizations

-STATUTE-

The Communist Party of the United States, or any successors of

such party regardless of the assumed name, whose object or purpose

is to overthrow the Government of the United States, or the

government of any State, Territory, District, or possession

thereof, or the government of any political subdivision therein by

force and violence, are not entitled to any of the rights,

privileges, and immunities attendant upon legal bodies created

under the jurisdiction of the laws of the United States or any

political subdivision thereof; and whatever rights, privileges, and

immunities which have heretofore been granted to said party or any

subsidiary organization by reason of the laws of the United States

or any political subdivision thereof, are terminated: Provided,

however, That nothing in this section shall be construed as

amending the Internal Security Act of 1950, as amended [50 U.S.C.

781 et seq.]

-SOURCE-

(Aug. 24, 1954, ch. 886, Sec. 3, 68 Stat. 776.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Security Act of 1950, as amended, referred to in

text, is act Sept. 23, 1950, ch. 1024, 64 Stat. 987, as amended,

which is classified principally to subchapters I to III of this

chapter. For complete classification of this Act to the Code, see

Short Title note set out under section 781 of this title and

Tables.

-COD-

CODIFICATION

Section was enacted as part of the Communist Control Act of 1954,

and not as part of the Internal Security Act of 1950 which

comprises subchapters I to III of this chapter.

-End-

-CITE-

50 USC Sec. 843 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER IV - COMMUNIST CONTROL

-HEAD-

Sec. 843. Application of Internal Security Act of 1950 to members

of Communist Party and other subversive organizations; "Communist

Party" defined

-STATUTE-

(a) Whoever knowingly and willfully becomes or remains a member

of (1) the Communist Party, or (2) any other organization having

for one of its purposes or objectives the establishment, control,

conduct, seizure, or overthrow of the Government of the United

States, or the government of any State or political subdivision

thereof, by the use of force or violence, with knowledge of the

purpose or objective of such organization shall be subject to all

the provisions and penalties of the Internal Security Act of 1950,

as amended [50 U.S.C. 781 et seq.], as a member of a

"Communist-action" organization.

(b) For the purposes of this section, the term "Communist Party"

means the organization now known as the Communist Party of the

United States of America, the Communist Party of any State or

subdivision thereof, and any unit or subdivision of any such

organization, whether or not any change is hereafter made in the

name thereof.

-SOURCE-

(Aug. 24, 1954, ch. 886, Sec. 4, 68 Stat. 776.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Security Act of 1950, as amended, referred to in

subsec. (a), is act Sept. 23, 1950, ch. 1024, 64 Stat. 987, as

amended, which is classified principally to subchapters I to III of

this chapter. For complete classification of this Act to the Code,

see Short Title note set out under section 781 of this title and

Tables.

-COD-

CODIFICATION

Section was enacted as part of the Communist Control Act of 1954,

and not as part of the Internal Security Act of 1950 which

comprises subchapters I to III of this chapter.

-End-

-CITE-

50 USC Sec. 844 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER IV - COMMUNIST CONTROL

-HEAD-

Sec. 844. Determination by jury of membership in Communist Party,

participation, or knowledge of purpose

-STATUTE-

In determining membership or participation in the Communist Party

or any other organization defined in this Act, or knowledge of the

purpose or objective of such party or organization, the jury, under

instructions from the court, shall consider evidence, if presented,

as to whether the accused person:

(1) Has been listed to his knowledge as a member in any book or

any of the lists, records, correspondence, or any other document

of the organization;

(2) Has made financial contribution to the organization in

dues, assessments, loans, or in any other form;

(3) Has made himself subject to the discipline of the

organization in any form whatsoever;

(4) Has executed orders, plans, or directives of any kind of

the organization;

(5) Has acted as an agent, courier, messenger, correspondent,

organizer, or in any other capacity in behalf of the

organization;

(6) Has conferred with officers or other members of the

organization in behalf of any plan or enterprise of the

organization;

(7) Has been accepted to his knowledge as an officer or member

of the organization or as one to be called upon for services by

other officers or members of the organization;

(8) Has written, spoken or in any other way communicated by

signal, semaphore, sign, or in any other form of communication

orders, directives, or plans of the organization;

(9) Has prepared documents, pamphlets, leaflets, books, or any

other type of publication in behalf of the objectives and

purposes of the organization;

(10) Has mailed, shipped, circulated, distributed, delivered,

or in any other way sent or delivered to others material or

propaganda of any kind in behalf of the organization;

(11) Has advised, counseled or in any other way imparted

information, suggestions, recommendations to officers or members

of the organization or to anyone else in behalf of the objectives

of the organization;

(12) Has indicated by word, action, conduct, writing or in any

other way a willingness to carry out in any manner and to any

degree the plans, designs, objectives, or purposes of the

organization;

(13) Has in any other way participated in the activities,

planning, actions, objectives, or purposes of the organization;

(14) The enumeration of the above subjects of evidence on

membership or participation in the Communist Party or any other

organization as above defined, shall not limit the inquiry into

and consideration of any other subject of evidence on membership

and participation as herein stated.

-SOURCE-

(Aug. 24, 1954, ch. 886, Sec. 5, 68 Stat. 776.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in the provision preceding par. (1), is act

Aug. 24, 1954, ch. 886, 68 Stat. 775, known as the Communist

Control Act of 1954, which is classified principally to this

subchapter. For complete classification of this Act to the Code,

see Short Title note set out under section 781 of this title and

Tables.

-COD-

CODIFICATION

Section was enacted as part of the Communist Control Act of 1954,

and not as part of the Internal Security Act of 1950 which

comprises subchapters I to III of this chapter.

-End-

-CITE-

50 USC SUBCHAPTER V - REGISTRATION OF CERTAIN PERSONS

TRAINED IN FOREIGN ESPIONAGE SYSTEMS 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER V - REGISTRATION OF CERTAIN PERSONS TRAINED IN FOREIGN

ESPIONAGE SYSTEMS

-HEAD-

SUBCHAPTER V - REGISTRATION OF CERTAIN PERSONS TRAINED IN FOREIGN

ESPIONAGE SYSTEMS

-End-

-CITE-

50 USC Sec. 851 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER V - REGISTRATION OF CERTAIN PERSONS TRAINED IN FOREIGN

ESPIONAGE SYSTEMS

-HEAD-

Sec. 851. Registration of certain persons; filing statement;

regulations

-STATUTE-

Except as provided in section 852 of this title, every person who

has knowledge of, or has received instruction or assignment in, the

espionage, counter-espionage, or sabotage service or tactics of a

government of a foreign country or of a foreign political party,

shall register with the Attorney General by filing with the

Attorney General a registration statement in duplicate, under oath,

prepared and filed in such manner and form, and containing such

statements, information, or documents pertinent to the purposes and

objectives of this subchapter as the Attorney General, having due

regard for the national security and the public interest, by

regulations prescribes.

-SOURCE-

(Aug. 1, 1956, ch. 849, Sec. 2, 70 Stat. 899.)

-COD-

CODIFICATION

Section was not enacted as part of the Internal Security Act of

1950 which comprises subchapters I to III of this chapter.

-MISC1-

SEPARABILITY

Section 9 of act Aug. 1, 1956, provided: "If any provision of

this Act [enacting this subchapter] or the application thereof to

any person or circumstances is held invalid, the remainder of the

Act, and the application of such provisions to other persons or

circumstances, is not affected thereby."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 852 of this title.

-End-

-CITE-

50 USC Sec. 852 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER V - REGISTRATION OF CERTAIN PERSONS TRAINED IN FOREIGN

ESPIONAGE SYSTEMS

-HEAD-

Sec. 852. Exemption from registration

-STATUTE-

The registration requirements of section 851 of this title do not

apply to any person -

(a) who has obtained knowledge of or received instruction or

assignment in the espionage, counter-espionage, or sabotage

service or tactics of a foreign government or foreign political

party by reason of civilian, military, or police service or

employment with the United States Government, the governments of

the several States, their political subdivisions, the District of

Columbia, the Territories, or the Canal Zone;

(b) who has obtained such knowledge solely by reason of

academic or personal interest not under the supervision of or in

preparation for service with the government of a foreign country

or a foreign political party;

(c) who has made full disclosure of such knowledge,

instruction, or assignment to officials within an agency of the

United States Government having responsibilities in the field of

intelligence, which disclosure has been made a matter of record

in the files of such agency, and concerning whom a written

determination has been made by the Attorney General or the

Director of Central Intelligence that registration would not be

in the interest of national security;

(d) whose knowledge of, or receipt of instruction or assignment

in, the espionage, counterespionage, or sabotage service or

tactics of a government of a foreign country or of a foreign

political party, is a matter of record in the files of an agency

of the United States Government having responsibilities in the

field of intelligence and concerning whom a written determination

is made by the Attorney General or the Director of Central

Intelligence, based on all information available, that

registration would not be in the interest of national security;

(e) who is a duly accredited diplomatic or consular officer of

a foreign government, who is so recognized by the Department of

State, while he is engaged exclusively in activities which are

recognized by the Department of State as being within the scope

of the functions of such officer, and any member of his immediate

family who resides with him;

(f) who is an official of a foreign government recognized by

the United States, whose name and status and the character of

whose duties as such official are of record in the Department of

State, and while he is engaged exclusively in activities which

are recognized by the Department of State as being within the

scope of the functions of such official, and any member of his

immediate family who resides with him;

(g) who is a member of the staff of or employed by a duly

accredited diplomatic or consular officer of a foreign government

who is so recognized by the Department of State, and whose name

and status and the character of whose duties as such member or

employee are a matter of record in the Department of State, while

he is engaged exclusively in the performance of activities

recognized by the Department of State as being within the scope

of the functions of such member or employee;

(h) Who (!1) is an officially acknowledged and sponsored

representative of a foreign government and is in the United

States on an official mission for the purpose of conferring or

otherwise cooperating with United States intelligence or security

personnel;

(i) who is a civilian or one of the military personnel of a

foreign armed service coming to the United States pursuant to

arrangements made under a mutual defense treaty or agreement, or

who has been invited to the United States at the request of an

agency of the United States Government; or

(j) who is a person designated by a foreign government to serve

as its representative in or to an international organization in

which the United States participates or is an officer or employee

of such an organization or who is a member of the immediate

family of, and resides with, such a representative, officer, or

employee.

-SOURCE-

(Aug. 1, 1956, ch. 849, Sec. 3, 70 Stat. 899.)

-COD-

CODIFICATION

Section was not enacted as part of the Internal Security Act of

1950 which comprises subchapters I to III of this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 851 of this title.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

50 USC Sec. 853 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER V - REGISTRATION OF CERTAIN PERSONS TRAINED IN FOREIGN

ESPIONAGE SYSTEMS

-HEAD-

Sec. 853. Retention of registration statements; public examination;

withdrawal

-STATUTE-

The Attorney General shall retain in permanent form one copy of

all registration statements filed under this subchapter. They shall

be public records and open to public examination at such reasonable

hours and under such regulations as the Attorney General

prescribes, except that the Attorney General, having due regard for

the national security and public interest, may withdraw any

registration statement from public examination.

-SOURCE-

(Aug. 1, 1956, ch. 849, Sec. 4, 70 Stat. 900.)

-COD-

CODIFICATION

Section was not enacted as part of the Internal Security Act of

1950 which comprises subchapters I to III of this chapter.

-End-

-CITE-

50 USC Sec. 854 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER V - REGISTRATION OF CERTAIN PERSONS TRAINED IN FOREIGN

ESPIONAGE SYSTEMS

-HEAD-

Sec. 854. Rules, regulations, and forms

-STATUTE-

The Attorney General may at any time, make, prescribe, amend, and

rescind such rules, regulations and forms as he deems necessary to

carry out the provisions of this subchapter.

-SOURCE-

(Aug. 1, 1956, ch. 849, Sec. 5, 70 Stat. 900.)

-COD-

CODIFICATION

Section was not enacted as part of the Internal Security Act of

1950 which comprises subchapters I to III of this chapter.

-End-

-CITE-

50 USC Sec. 855 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER V - REGISTRATION OF CERTAIN PERSONS TRAINED IN FOREIGN

ESPIONAGE SYSTEMS

-HEAD-

Sec. 855. Violations; penalties; deportation

-STATUTE-

(a) Whoever willfully violates any provision of this subchapter

or any regulation thereunder, or in any registration statement

willfully make (!1) a false statement of a material fact or

willfully omits any material fact, shall be fined not more than

$10,000 or imprisoned for not more than five years, or both.

(b) Any alien convicted of a violation of this subchapter or any

regulation thereunder is subject to deportation in the manner

provided by chapter 4 of title II of the Immigration and

Nationality Act [8 U.S.C. 1221 et seq.].

-SOURCE-

(Aug. 1, 1956, ch. 849, Sec. 6, 70 Stat. 900; Pub. L. 104-208, div.

C, title III, Sec. 308(g)(9)(B), Sept. 30, 1996, 110 Stat.

3009-624.)

-REFTEXT-

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in subsec. (b),

is act June 27, 1952, ch. 477, 66 Stat. 163, as amended. Chapter 4

of title II of the Act is classified generally to part IV (Sec.

1221 et seq.) of subchapter II of chapter 12 of Title 8, Aliens and

Nationality. For complete classification of this Act to the Code,

see Short Title note set out under section 1101 of Title 8 and

Tables.

-COD-

CODIFICATION

Section was not enacted as part of the Internal Security Act of

1950 which comprises subchapters I to III of this chapter.

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-208 substituted "chapter 4 of

title II of the Immigration and Nationality Act" for "chapter 5,

title II, of the Immigration and Nationality Act (66 Stat. 163)".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-208 effective, with certain transitional

provisions, on the first day of the first month beginning more than

180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,

set out as a note under section 1101 of Title 8, Aliens and

Nationality.

-FOOTNOTE-

(!1) So in original. Probably should be "makes".

-End-

-CITE-

50 USC Sec. 856 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER V - REGISTRATION OF CERTAIN PERSONS TRAINED IN FOREIGN

ESPIONAGE SYSTEMS

-HEAD-

Sec. 856. Continuing offense

-STATUTE-

Failure to file a registration statement as required by this

subchapter is a continuing offense for as long as such failure

exists, notwithstanding any statute of limitation or other statute

to the contrary.

-SOURCE-

(Aug. 1, 1956, ch. 849, Sec. 7, 70 Stat. 900.)

-COD-

CODIFICATION

Section was not enacted as part of the Internal Security Act of

1950 which comprises subchapters I to III of this chapter.

-End-

-CITE-

50 USC Sec. 857 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER V - REGISTRATION OF CERTAIN PERSONS TRAINED IN FOREIGN

ESPIONAGE SYSTEMS

-HEAD-

Sec. 857. Compliance with other registration statutes

-STATUTE-

Compliance with the registration provisions of this subchapter

does not relieve any person from compliance with any other

applicable registration statute.

-SOURCE-

(Aug. 1, 1956, ch. 849, Sec. 8, 70 Stat. 900.)

-COD-

CODIFICATION

Section was not enacted as part of the Internal Security Act of

1950 which comprises subchapters I to III of this chapter.

-End-

-CITE-

50 USC Sec. 858 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 23 - INTERNAL SECURITY

SUBCHAPTER V - REGISTRATION OF CERTAIN PERSONS TRAINED IN FOREIGN

ESPIONAGE SYSTEMS

-HEAD-

Sec. 858. Applicability to Canal Zone

-STATUTE-

This subchapter applies to and within the Canal Zone.

-SOURCE-

(Aug. 1, 1956, ch. 849, Sec. 10, as added Pub. L. 87-845, Sec. 13,

Oct. 18, 1962, 76A Stat. 700.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in text, see section

3602(b) of Title 22, Foreign Relations and Intercourse.

-COD-

CODIFICATION

Section was not enacted as part of the Internal Security Act of

1950 which comprises subchapters I to III of this chapter.

-MISC1-

EFFECTIVE DATE

Section effective Jan. 2, 1963, see section 25 of Pub. L. 87-845,

set out as an Effective Date of 1962 Amendment note under section

414 of Title 28, Judiciary and Judicial Procedure.

-End-