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(PUBLIC—No. 443–76TH CONGRESS)
(CHAPTER 72-30 SESSION

(S. 1398]

AN ACT To amend the Act entitled “An Act to punish acts of interference with the foreigo

relations, the neutrality, and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes”, approved June 15, 1917, as amended, to increase the penalties for peacetime violations of such Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of title I of the Act entitled "An Act to punish acts of interference with the foreign relations, the neutrality, and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes”, approved June 15, 1917, as amended, is amended by striking out "shall be punished by a fine of not more than $10,000 or by imprisonment for not more than two years, or both”, and inserting in lieu thereof the following: “shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $10,000”.

SEC. 2. Section 5 of title I of such Act, as amended, is amended to read as follows:

“Sec. 5. Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe or suspect, has committed, or is about to commit, an offense under this title shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $10,000."

Sec. 3. (a) Section 2 of title II of such Act, as amended, is amended by striking out "shall be fined not more than $10,000, or imprisoned not more than two years, or both.”, and inserting in lieu thereof the following: "shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $10,000.".

(b) Section 3 of title II of such Act, as amended, is amended by striking out “shall be fined not more than $10,000 or imprisoned not more than two years, or both.”, and inserting in lieu thereof the following: "shall be punished by imprisonment for not more than ten years and shall, in the discretion of the court, be fined not more than $10,000.".

SEC. 4. Section 1 of title IV of such Act, as amended, is amended by striking out "shall be fined not more than $10,000, or imprisoned not more than ten years, or both.", and inserting in lieu thereof the following: “shall be punished by imprisonment for not more than twenty years and may, in the discretion of the court, be fined not more than $10,000.".

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Sec. 5. Section 6 of title V of such Act, as amended, is amended by striking out "shall be fined not more than $10,000 or imprisoned not more than five years, or both.”, and inserting in lieù thereof the following: “shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $10,000.”.

Sec. 6. Sections 1, 2, and 3 of title VIII of such Act, as amended, are amended by striking out of each of such sections "shall be fined not more than $5,000 or imprisoned not more than five years, or both.”, and inserting in lieu of the matter stricken out the following: "shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $5,000.”.

SEC. 7. Sections 2, 3, and 4 of title IX of such Act, as amended, are amended by striking out of each of such sections "shall be fined not more than $2,000 or imprisoned not more than five years, or both.”, and inserting in lieu thereof the following: "shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $2,000.".

SEC. 8. Section 22 of title XI of such Act, as amended, is amended by striking out “shall be fined not more than $1,000 or imprisoned not more than two years, or both.”, and inserting in lieu thereof the following: "shall be punished by imprisonment for not more than ton years and may, in the discretion of the court, be fined not more than $1,000.".

Sec. 9. Section 3 of title XII of such Act, as amended, is amended by striking out “shall be fined not more than $5,000 or imprisoned not more than five years, or both.", and inserting in lieu thereof the following: "shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $5,000.”.

Approved, March 28, 1940.

(Public-No. 670-76TH CONGRESS)
(CHAPTER 439-3D SESSION]

(H. R. 5138]

AN ACT To prohibit certain subversive activities; to amend certain provisions of law with

respect to the admission and deportation of aliens; to require the fingerprinting and registration of aliens; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I

SECTION 1. (a) It shall be unlawful for any person, with intent to interfere with, impair, or influence the loyalty, morale, or discipline of the military or naval forces of the United States

(1) to advise, counsel, urge, or in any manner cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States; or

(2) to distribute any written or printed matter which advises, counsels, or urges insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States.

(b) For the purposes of this section, the term “military or naval forces of the United States" includes the Army of the United States, as defined in section 1 of the National Defense Act of June 3, 1916, as amended (48 Stat. 153; U.S. C., title 10, sec. 2), the Navy, Marine Corps, Coast Guard, Naval Reserve, and Marine Corps Reserve of the United States; and, when any merchant vessel is commissioned in the Navy or is in the service of the Army or the Navy, includes the master, officers, and crew of such vessel. Sec. 2. (a) It shall be unlawful for any persona,

(1) to knowingly or willfully advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or by the assassination of any officer of any such government;

(2) with the intent to cause the overthrow or destruction of any government in the United States, to print, publish, edit, issue, cir. culate, sell, distribute, or publicly display any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence;

(3) to organize or help to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any government in the United States by force or violence; or to be or become a member of, or affiliate with, any such society, group, or assembly of persons, knowing the purposes thereof.

(6) For the purposes of this section, the term "government in the United States” means the Government of the United States, the government of any State, Territory, or possession of the United States, the government of the District of Columbia, or the government of any political subdivision of any of them.

Seo. 8. It shall be unlawful for any person to attempt to commit, ar to conspire to commit, any of the aots prohibited by the provisions of this title.

Svo. 4. Any written or printed matter of the character described in section 1 or section 2 of this Act, which is intended for use in violation of this Act, may be taken from any house or other place in which it may be found, or from any person in whose possession it may be, under a search warrant issued pursuant to the provisions of title XI of the Act entitled "An Act to punish acts of interference with the foreign relations, the neutrality and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes”, approved June 15, 1017 (40 Stat. 228; U. S. C., title 18, ch. 18).

SEO. 3. (a) Any person who violates any of the provisions of this title shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than ten years, or both.

(b) No person convicted of violating any of the provisions of this title shall, during the five years next following his conviction, be eligible for employment by the United States, or by any department or agency thereof (including any corporation the stock of which is wholly owned by the United States).

TITLE II SEO. 20. Section 19 of the Immigration Act of February 5, 1917 (39 Stat. 889; U. S. C., title 8, sec. 155), as amended, is amended by inserting,'after “SBO. 19.”, the letter?a)”, and by adding at the end of such section the following new subsections:

“(b) Any alien of any of the classes specified in this subsection, in addition to aliens who are deportable under other provisions of law, shall, upon warrant of the Attorney General, be taken into custody and deported:

"(1) Any alien who, at any time within five years after entry, shall have, knowingly and for gain, encouraged, induced, assisted, abotted, or aided any other alien to enter or to try to enter the United States in violation of law.

“(2) Any alien who, at any time after entry, shall have on more than one occasion, knowingly and for gain, encouraged, induced, assisted, abetted, or aided any other alien or aliens to enter or to try to enter the United States in violation of law.

“(8) Any alien who, at any time after entry, shall have been convicted of possessing or carrying in violation of any law any weapon which shoots or is designed to shoot automatically or semiautomatically more than one shot without manual reloading, by a single function of the trigger, or a weapon commonly called a sa wed-off shotgun.

“(4) Any alien who, at any time within five years after entry, shall have been convicted of violating the provisions of title I of the Alien Registration Act, 1940.

71-492 0-66-3

"(5) Any alien who, at any time after entry, shall have been convicted more than once of violating the provisions of title I of

the Alien Registration Act, 1940. No alien who is deportable under the provisions of paragraph (8), (4), or (5) of this subsection shall be deported until the termination of his imprisonment or the entry of an order releasing him on probation or parole.

"(c) In the case of any alien (other than one to whom subsection (d) is applicable) who is deportable under any law of the United States and who has proved good moral character for the preceding five years, the Attorney General may (1) permit such alien to depart the United States to any country of his choice at his own expense,

; in lieu of deportation, or (2) suspend deportation of such alien if not racially inadmissible or ineligible to naturalization in the United States if he finds that such deportation would result in serious economic detriment to a citizen or legally resident alien who is the spouso, parent, or minor child of such deportable alion. If the deportation of'any alion is suspended under the provisions of this subsection for more than six months, all of the facts and pertinent provisions of law in the case shall be reported to the Congress within ten days after the beginning of its next regular session, with the reasons for such suspension. The Clerk of the House shall have such report printed as a public document. If during that session the two Houses pass a concurrent resolution stating in substance that the Congress does not favor the suspension of such deportation, the Attorney General shall thereupon deport such alien in the manner provided by law. If during that session the two Houses do not pass such a resolution, the Attorney General shall cancel deportation proceedings upon the termination of such session, except that such proceedings shall not be canceled in the case of any alien who was not legally admitted tor permanent residence at the time of his last entry into the United States, unless such alien

pays to the Commissioner of Immigration and Naturalisation a fee of $18 (which fee shall be deposited in the Treasury of the United States as miscellaneous receipts). Upon the cancelation of such proceedings in any case in which such fee has been paid, the Commissioner shall record the alien's admission for permanent residence as of the date of nis last entry into the United States and the Secretary of State shall, if the alien was a quota immigrant at the time of entry and was not charged to the appropriate quota, reduce by one the immigration quota of the country of the alien's nationality as defined in section 18 of the Act of May 26, 1924 (U. S. O., titlo 8, 863. 219), for the fiscal year then current or next following.

"(d) The provisions of subsection (c) shall not be applicable in the case of any alien who is deportable under (1) the Act of October 16, 1918 (40 Stat. 1008; U. S.C., title 8, sec. 187), antitled 'An Act to exclude and expel from the United States aliens who are members of the anarchist and similar classes', as amended; (2) the Aot of May 28, 1922, entitled 'An Act to amend the Act entitled "An Act to prohibit the importation and use of opium for other than medicinal purposes”, approved February 9, 1900, as amended' (42 Stat. 698; U. $. C., title 21, sec. 178); (3) the Act of February 18, 1931, entitled 'An Act to provide for the deportation of aliens convicted and sentenood for violation of any law regulating traffic in narcotics', as

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