(2) Commission of any act of sabotage, espionage, treason, or sedition, or attempts thereat or preparation therefor, or conspiring with, or aiding or abetting, another to commit or attempt to commit any act of sabotage, espionage, treason, or sedition. (3) Establishing or continuing a sympathetic association with a saboteur, spy, traitor, seditionist, anarchist, or revolutionist, or with an espionage or other secret agent or representative of a foreign nation, or any representative of a foreign nation whose interests may be inimical to the interests of the United States, or with any person who advocates the use of force or violence to overthrow the government of the United States or the alteration of the form of government of the United States by unconstitutional means. (4) Advocacy of use of force or violence to overthrow the government of the United States, or of the alteration of the form of government of the United States by unconstitutional means. (5) Membership in, or affiliation or sympathetic association with, any foreign or domestic organization, association, movement, group, or combination of persons which is totalitarian, Fascist, Communist, or subversive, or which has adopted, or shows, a policy of advocating or approving the commission of acts of force or violence to deny other persons their rights under the Constitution of the United States, or which seeks to alter the form of government of the United States by unconstitutional means. (6) Intentional, unauthorized disclosure to any person of security information, or of other information disclosure of which is prohibited by law, or willful violation or disregard of security regulations. (7) Performing or attempting to perform his duties, or otherwise acting, so as to serve the interest of another government in preference to the interests of the United States. (b) The investigation of persons entering or employed in the competitive service shall primarily be the responsibility of the Civil Service Commission, except in cases in which the head of a department or agency assumes that responsibility pursuant to law or by agreement with the Commission. The Commission shall furnish a full investigative report to the department or agency concerned. (c) The investigation of persons (including consultants, however employed), entering employment of, or employed by, the Government other than in the competitive service shall primarily be the responsibility of the employing department or agency. Departments and agencies without investigative facilities may use the investigative facilities of the Civil Service Commission, and other departments and agencies may use such facilities under agreement with the Commission. (d) There shall be referred promptly to the Federal Bureau of Investigation all investigations being conducted by any other agencies which develop information indicating that an individual may have been subjected to coercion, influence, or pressure to act contrary to the interests of the national security, or information relating to any of the matters described in subdivisions (2) through (7) of subsection (a) of this section. In cases so referred to it, the Federal Bureau of Investigation shall make a full field investigation. SEC. 9. (a) There shall be established and maintained in the Civil Service Commission a security-investigations index covering all persons as to whom security investigations have been conducted by any department or agency of the Government under this order. The central index established and maintained by the Commission under Executive Order No. 9835 of March 21, 1947, shall be made a part of the security-investigations index. The security-investigations index shall contain the name of each person investigated, adequate identifying information concerning each such person, and a reference to each department and agency which has conducted an investigation concerning the person involved or has suspended or terminated the employment of such person under the authority granted to heads of departments and agencies by or in accordance with the said act of August 26, 1950. (b) The heads of all departments and agencies shall furnish promptly to the Civil Service Commission information appropriate for the establishment and maintenance of the security-investigations index. (c) The reports and other investigative material and information developed by investigations conducted pursuant to any statute, order, or program described in section 7 of this order shall remain the property of the investigative agencies conducting the investigations, but may, subject to considerations of the national security, be retained by the department or agency concerned. Such reports and other investigative material and information shall be maintained in confidence, and no access shall be given thereto except, with the consent of the investigative agency concerned, to other departments and agencies conducting security programs under the authority granted by or in accordance with the said act of August 26, 1950, as may be required for the efficient conduct of Government business. SEC. 10. Nothing in this order shall be construed as eliminating or modifying in any way the requirement for any investigation or any determination as to security which may be required by law. SEC. 11. On and after the effective date of this order the Loyalty Review Board established by Executive Order No. 9835 of March 21, 1947, shall not accept agency findings for review, upon appeal or otherwise. Appeals pending before the Loyalty Review Board on such date shall be heard to final determination in accordance with the provisions of the said Executive Order No. 9835, as amended. Agency determinations favorable to the officer or employee concerned pending before the Loyalty Review Board on such date shall be acted upon by such Board, and whenever the Board is not in agreement with such favorable determination the case shall be remanded to the department or agency concerned for determination in accordance with the standards and procedures established pursuant to this order. Cases pending before the regional loyalty boards of the Civil Service Commission on which hearings have not been initiated on such date shall be referred to the department or agency concerned. Cases being heard by regional loyalty boards on such date shall be heard to conclusion, and the determination of the board shall be forwarded to the head of the department or agency concerned: Provided, that if no specific department or agency is involved, the case shall be dismissed without prejudice to the applicant. Investigations pending in the Federal Bureau of Investigation or the Civil Service Commission on such date shall be completed, and the reports thereon shall be made to the appropriate department or agency. SEC. 12. Executive Order No. 9835 of March 21, 1947 ,as amended, is hereby revoked. For the purposes described in section 11 hereof the Loyalty Review Board and the regional loyalty boards of the Civil Service Commission shall continue to exist and function for a period of one hundred and twenty days from the effective date of this order, and the Department of Justice shall continue to furnish the information described in paragraph 3 of Part III of the said Executive Order No. 9835, but directly to the head of each department and agency. SEC. 13. The Attorney General is requested to render to the heads of departments and agencies such advice as may be requisite to enable them to establish and maintain an appropriate employee-security program. SEC. 14. (a) The Civil Service Commission, with the continuing advice and collaboration of representatives of such departments and agencies as the National Security Council may designate, shall make a continuing study of the manner in which this order is being implemented by the departments and agencies of the Government for the purpose of determining: (1) Deficiencies in the department and agency security programs established under this order which are inconsistent with the interests of, or directly or indirectly weaken, the national security. (2) Tendencies in such programs to deny to individual employees fair, impartial, and equitable treatment at the hands of the Government, or rights under the Constitution and laws of the United States or this order. Information affecting any department or agency developed or received during the course of such continuing study shall be furnished immediately to the head of the department or agency concerned. The Civil Service Commission shall report to the National Security Council, at least semiannually, on the results of such study, and shall recommend means to correct any such deficiencies or tendencies. (b) All departments and agencies of the Government are directed to cooperate with the Civil Service Commission to facilitate the accomplishment of the responsibilities assigned to it by subsection (a) of this section. SEC. 15. This order shall become effective thirty days after the date hereof. THE WHITE HOUSE, April 27, 1953. DWIGHT D. EISENHOWER. [F.R. Doc. 53-3794; Filed, Apr. 27, 1963; 4:04 p.m.] Sec. 3 U.S.C. Chapter 4.-DELEGATION OF FUNCTIONS 301. General authorization to delegate functions; publication of delegations. 302. Scope of delegation of functions. 303. Definitions. AMENDMENTS 1951-Chapter added by act Oct. 31, 1951, ch. 655, § 10, 65 Stat. 712. SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE Similar provisions were contained in former chapter 4, comprising former section 301-303 of this title, which was set out here but which was not a part of this title. Former sections 301-303 were derived from act Aug. 8, 1950, ch. 646, §§ 1-3, 64 Stat. 419, and were repealed by section 56(j) of act Oct. 31, 1951. Subsec. (1) of section 56 provided that the repeal should not affect any rights or liabilities existing under the repealed sections on the effective date of the repeal (Oct. 31, 1951). §301. General authorization to delegate functions; publication of delegations. The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part. (Added Oct. 31, 1951, ch. 655, § 10, 65 Stat. 712.) (The following provision, 5 U.S.C. 7311, was not cited by the President in Executive Order 11605, although it is followed by Executive Order 10450 in the code annotated.) 5 U.S.C. SUBCHAPTER II-LOYALTY, SECURITY, AND STRIKING § 7311. Loyalty and striking An individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he (1) advocates the overthrow of our constitutional form of government; (2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government; (3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or (4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia. Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 524. Sec. INTERNAL SECURITY ACT OF 1950 64 Stat. 997 (1950); 50 U.S.C. 781-798 as amended SUBCHAPTER I.-CONTROL OF SUBVERSIVE ACTIVITIES 781. Congressional finding of necessity. 782. Definitions. 783. Offenses. (a) Conspiracy or attempt to establish totalitarian dictatorship. (b) Communication of classified information by Government officer or employee. (c) Receipt of, or attempt to receive, by foreign agent or member of Communist organization, classified information. (d) Penalties for violation. (e) Limitation. (f) Membership as not violation per se; registration as inadmissible in evidence. 784. Employment of members of Communist organizations. (a) Failure to disclose membership; defense facilities; contribution of funds, services or advice by Government personnel. (b) Designation and publication of list of defense facilities by Secretary of Defense; posting by management. (c) Definition of "member". 785. Denial of passports to members of Communist organizations. 786. Registration and annual reports of Communist organizations. (a) Communist-action organizations. (b) Communist-front organizations. (c) Time of registration. (d) Statements to accompany registration; contents. (e) Time of subsequent annual reports; contents and period covered. (f) Duty to keep records and accounts. (g) Notice by Attorney General to persons listed; investigation and determination of denials of membership; petition for relief. (h) Failure to register or file reports; duty of organization officers. 787. Registration and statements of members of Communist-action organizations. 788. Duties of Attorney General. (a) Keeping of registers. (b) Public inspection of registers; withholding of names in certain cases. (c) Reports to President and Congress. (d) Publication in Federal Register of fact of registration; publication as notice. 789. Requirements for use of mails or instrumentalities of commerce by registered organizations. 790. Denial of tax deductions and exemptions. 791. Subversive Activities Control Board. (a) Creation; membership; designation of Chairman; removal. (b) Vacancies; powers of remaining members; quorum; official seal; judicial notice. (c) Reports to Congress and President. (d) Salary of Board members; right of reappointment; ineligibility to engage in other business. (e) Duties of Board. (f) Appointment and compensation of personnel. (g) Rules and regulations. (h) Authorization for appropriations. 792. Proceedings before Board. (a) Petition by Attorney General for registration; verification; contents. (b) Application to Attorney General for cancellation and relief; appeals to Board. (c) Hearings; oaths, examination, evidence, and subpoenas; aid of courts; (d) Hearings open to public; rights of parties; record and transcript of (f) Determination of Communist-front sidered. organization; matters con (g) Findings of facts and orders requiring registration. (h) Findings of facts and orders denying petitions requesting registration. (i) Findings of facts and orders requiring cancellation of registration or striking names. (j) Findings of facts and orders denying petitions for cancellation or relief. (k) Publication in Federal Register of fact of finality of order; publica tion as notice. 793. Judicial review. (a) Courts of Appeals; petition; place; record; transfer; conclusiveness of Board's findings; additional evidence; modification by Board; judgment; finality. (b) Time of finality of Board's orders. 794. Penalties. (a) Failure to register or file statements or reports; each day of failure as separate offense. (b) False statements in registration statements or annual reports; separate offenses and statements. (c) Violation of section 784, 785 or 789. 795. Applicability of Administrative Procedure Act. 796. Effect of subchapter on other criminal laws. 797. Security regulations and orders; penalty for violation. 798. Preservation of certain rights. 792a. Board proceedings with respect to Communist-infiltrated organizations [New]. (a) Petition by Attorney General for determination; joint respondents; expedition of proceedings. (b) Petition by organization affected after determination in the affirmative. (c) Verification of petitions; notice of hearing; minimum time period before hearing. (d) Applicability of section 792 (c) (d); failure of organization to appear. (e) Evidence considered in making determination. (f) Written report of findings; grant or denial, service, and finality, of order. (g) Orders regarding labor organizations or employers which are organizations within meaning of section 782; service upon National Labor Relations Board: publication in Federal Register. (h) Effect on labor organization of order making determination in (i) Labor organization certified under National Labor Relations Act; SUBCHAPTER I.-CONTROL OF SUBVERSIVE ACTIVITIES § 781. Congressional finding of necessity As a result of evidence adduced before various committees of the Senate and House of Representatives, the Congress finds that— (1) There exists a world Communist movement which, in its origins, its development, and its present practice, is a world-wide revolutionary movement whose purpose it is, by treachery, deceit, infiltration into other groups (governmental and otherwise), espionage, sabotage, terrorism, and any other means deemed necessary, to establish a Communist totalitarian dictatorship in the countries throughout the world through the medium of a world-wide Communist organization. (2) The establishment of a totalitarian dictatorship in any country results in the suppression of all opposition to the party in power, the subordination of the rights of individuals to the state, the denial of fundamental rights and liberties which are characteristic of a representative form of government, such as freedom of speech, of the press, of assembly, and of religious worship, and results in the maintenance of control over the people through fear, terrorism, and brutality. (3) The system of government known as a totalitarian dictatorship is characterized by the existence of a single political party, organized on a dictatorial basis, and by substantial identity between such party and its policies and the government and governmental policies of the country in which it exists. (4) The direction and control of the world Communist movement is vested in and exercised by the Communist dictatorship of a foreign country. (5) The Communist dictatorship of such foreign country, in exercising such direction and control and in furthering the purposes of the world Communist movement, establishes or causes the establishment of, and utilizes, in various countries, action organizations which are not free and independent organizations, but are sections of a world-wide Communist organization and are controlled, directed, and subject to the discipline of the Communist dictatorship of such foreign country. |