To amend sections 1 and 3 of the Foreign Agents Registration Act of 1938, as amended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1(b) of the Foreign Agents Registration Act of 1938, as amended (56 Stat. 248), is amended by adding thereto a new paragraph (6) to read as follows:

"(6) A domestic partnership, association, corporation, organization, or other combination of individuals, supervised, directed, controlled, or financed, in whole or in substantial part, by any foreign government or foreign political party;".

SEC. 2. Section 3(d) of such Act is amended to read as follows: "(d) Any person engaging or agreeing to engage only in private and nonpolitical financial or mercantile activities in furtherance of the bona fide trade or commerce of such foreign principal or in the soliciting or collecting of funds and contributions within the United States to be used only for medical aid and assistance, or for food and clothing to relieve human suffering, if such solicitation or collection of funds and contributions is in accordance with and subject to the provisions of the Act of November 4, 1939, as amended (54 Stat. 48), and such rules and regulations as may be prescribed thereunder;". Approved October 4, 1961.

(136)

Public Law 87-369 87th Congress, H. R. 2730

October 4, 1961

An Act

75 STAT. 795.

To repeal section 791 of title 18 of the United States Code so as to extend the application of chapter 37 of title 18, relating to espionage and censorship.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 791 of title 18, United States Code, is repealed.

SEC. 2. The analysis of chapter 37 of such title is amended by deleting the following:

"791. Scope of chapter."

Approved October 4, 1961.

(137)

Espionage and

censorship.

62 Stat. 736.

Public Law 87-474

87th Congress, H. R. 9753

May 31, 1962

An Act

76 STAT. 91.

1

To amend sections 3(7) and 5(b) of the Internal Security Act of 1930, relating to employment of members of Communist organizations in certain defense facilities.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the sec- Internal Securond sentence of paragraph (7) of section 3 of the Internal Security ity Act of 1950, Act of 1950 (50 U.S.C. 782 (7)) is amended to read as follows: "The amendment. term 'defense facility means any facility designated by the Secretary 64 Stat. 989. of Defense pursuant to section 5(b) of this title and which is in complíance with the provisions of such subsection respecting the posting of notice of such designation."

"Defense facil

ity."

(b) Subsection (b) of section 5 of such Act (50 U.S.C. 784(b)) 64 Stat. 992. is amended to read as follows:

"(b) The Secretary of Defense is authorized and directed to desig- Designation. nate facilities, as defined in paragraph (7) of section 3 of this title, Posting of nowith respect to the operation of which he finds and determines that tice. the security of the United States requires the application of the provisions of subsection (a) of this section. The Secretary shall promptly notify the management of any facility so designated, whereupon such management shall immediately post conspicuously notice of such designation in such form and in such place or places as to give notice thereof to all employees of, and to all applicants for employment in, such facility. Such posting shall be sufficient to give notice of such designation to any person subject thereto or affected thereby. Upon the request of the Secretary, the management of any facility so designated shall require each employee of the facility, or any part thereof, to sign a statement that he knows that the facility has, for the purposes of this title, been designated by the Secretary under this subsection."

Approved May 31, 1962.

(138)

Public Law 88-290 88th Congress, H. R. 950 March 26, 1964

An Act

To amend the Internal Security Act of 1950.

Be it enacted by the Senate and Ilouse of Representatives of the United States of America in Congress assembled, That the Internal Security Act of 1950 is amended by adding at the end thereof the following new title:

"TITLE III-PERSONNEL SECURITY PROCEDURES IN NATIONAL SECURITY AGENCY

"REGULATIONS FOR EMPLOYMENT SECURITY

"SEC. 301. Subject to the provisions of this title, the Secretary of Defense (hereafter in this title 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 title 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.

"FULL FIELD INVESTIGATION AND APPRAISAL

Internal Seou rity Act of

1950. Amendment.

64 Stat. 987. 50 USC 781

note.

Conditional

78 STAT. 168.

"SEC. 302. (a) 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 title; excepting that conditional employment with out access to sensitive cryptologic information or material may be employment. 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 78 STAT. 169. 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) To assist the Secretary and the Director of the Agency in Boards of carrying out their personnel security responsibilities, one or more appraisal. boards of appraisal of three members ench, 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

58 Stat. 390; 61 Stat. 723. 64 Stat. 476. Board members.

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 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), 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 Qualifications. full field investigation in connection with his appointment as such a nember, 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.

Employment with

"TERMINATION OF EMPLOYMENT

"SEC. 303. (a) Notwithstanding 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), or any other provision of law, the Secretary may terminate the employment of any officer or employee of the Agency whenever he considers that action to be in the interest of the United States, and he determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of that officer or employee cannot be invoked consistently with the national security. Such a determination is final.

"(b) Termination of employment under this section shall not affect other agencies. the right of the officer or employee involved to seek or accept employment with any other department or agency of the United States if he is declared eligible for such employment by the United States Civil Service Commission.

76 Stat. 517. Delegation of authority. Limitation.

78 STAT. 169. 78 STAT. 170.

60 Stat. 237.

"(c) Notwithstanding section 133(d) of title 10, United States Code, any authority vested in the Secretary of Defense by subsection (a) may be delegated only to the Deputy Secretary of Defense or the Director of the National Security Agency, or both.

"DEFINITION OF CLASSIFIED INFORMATION

"SEC. 304. 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.

"NONAPPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT

"SEC. 305. The Administrative Procedure Act, as amended (5 U.S.C. 1001 et seq.), shall not apply to the use or exercise of any authority granted by this title.