United States Code

of such individual from the registration statement or annual report on which it appears, or (B) cancel the registration of such individual under section 787 of this title, as may be appropriate. The judgment and decree of the court shall be final, except that the same shall be subject to review by the Supreme Court upon certiorari, as provided in section 1254 of Title 28.

(b) Time of finality of Board's orders.

Any order of the Board issued under section 792 of this title, or subsection (f) of section 792a of this title, shall become final

(1) Upon the expiration of the time allowed for filing a petition for review, if no such petition has been duly filed within such time; or

(2) upon the expiration of the time allowed for filing a petition for certiorari, if the order of the Board has been affirmed or the petition for review dismissed by a United States Court of Appeals, and no petition for certiorari has been duly filed; or

(3) upon the denial of a petition for certiorari, if the order of the Board has been affirmed or the petition for review dismissed by a United States Court of Appeals; or

(4) upon the expiration of ten days from the date of issuance of the mandate of the Supreme Court, if such Court directs that the order of the Board be affirmed or the petition for review dismissed.

(Sept. 23, 1950, ch. 1024, title I, § 14, 64 Stat. 1001; Aug. 24, 1954, ch. 886, § 11, 68 Stat. 780; Aug. 28, 1958, Pub. L. 85-791, § 29, 72 Stat. 950.)

AMENDMENTS

1958 Subsec. (a). Pub. L. 85-791 in second sentence, substituted "transmitted by the clerk of the court to the Board, and thereupon the Board shall file in the court the record in the proceeding, as provided in section 2112 of Title 28" for "served upon the Board, and thereupon the Board shall certify and file in the court a transcript of the entire record in the proceeding, including all evidence taken and the report and order of the Board", and, in third sentence, substituted "Upon the filing of such petition" for "Thereupon".

1954 Subsecs. (a) and (b). Act Aug. 24, 1954, in two places in subsec. (a), and, in one place in subsec. (b), inserted "or subsec. (f) of section 792a of this title".

APPLICATION TO COMMUNIST PARTY MEMBERS Application of this section to members of the Communist Party and other subversive organizations, see section 843 of this title, and References in Text note under that section.

§ 794. Penalties.

(a) Failure to register or file statements or reports; each day of failure as separate offense.

If there is in effect with respect to any organization or individual a final order of the Board requiring registration under section 786 or section 787 of this title

(1) such organization shall, upon conviction of failure to register, to file any registration statement or annual report, or to keep records as required by said section 786, be punished for each such offense by a fine of not more than $10,000, and

(2) each individual having a duty under subsection (h) of section 786 of this title to register or to file any registration statement or annual

report on behalf of such organization, and each individual having a duty to register under section 787 of this title, shall, upon conviction of failure to so register or to file any such registration statement or annual report, be punished for each such offense by a fine of not more than $10,000, or imprisonment for not more than five years, or by both such fine and imprisonment. For the purposes of this subsection, each day of failure to register, whether on the part of the organization or any individual, shall constitute a separate offense.

(b) False statements in registration statements or annual reports; separate offenses and statements. Any individual who, in a registration statement or annual report filed under section 786 or section 787 of this title, willfully makes any false statement or willfully omits to state any fact which is required to be stated, or which is necessary to make the statements made or information given not misleading, shall upon conviction thereof be punished for each such offense by a fine of not more than $10,000, or by imprisonment for not more than five years, or by both such fine and imprisonment. For the purposes of this subsection

(1) each false statement willfully made, and each willful omission to state any fact which is required to be stated, or which is necessary to make the statements made or information given not misleading, shall constitute a separate offense; and

(2) each listing of the name or address of any one individual shall be deemed to be a separate statement.

Any organization which violates any provision of section 789 of this title shall, upon conviction thereof, be punished for each such violation by a fine of not more than $10,000. Any individual who violates any provision of sections 784, 785, or 789 of this title shall, upon conviction thereof, be punished for each such violation by a fine of not more than $10,000 or by imprisonment for not more than five years, or by both such fine and imprisonment. (Sept. 23, 1950, ch. 1024, title I, § 15, 64 Stat. 1002.)

CROSS REFERENCES

False or fraudulent statements generally, see section 1001 of Title 18, Crimes and Criminal Procedure. Misdemeanor and felony defined, see section 1 of Title 18, Crimes and Criminal Procedure.

§ 795. Applicability of Administrative Procedure Act. Nothing in this subchapter, sections 137 to 137-8, 156, 456, 457 (b), 704, 705, 725, 729 (c), 733, 734 (b) and 735 of Title 8, sections 793 and 1507 of Title 18, and sections 611 (c) (5) and 618 (e) of Title 22 shall be held to make the provisions of the Administrative Procedure Act inapplicable to the exercise of functions, or the conduct of proceedings, by the Board under this subchapter and said sections. (Sept. 23, 1950, ch. 1024, title I, § 16, 64 Stat. 1003.)

REFERENCES IN TEXT

Sections 137 to 137-8, 156, 456, 457 (b), 704, 705, 725, 729 (c), 733, 734 (b) and 735 of Title 8, referred to in the text, were repealed by act June 27, 1952, ch. 477, title IV, § 403 (a) (13) (16) (39) (42), 66 Stat. 279, 280, and are

now covered by subchapters II and III of chapter 12 of Title 8, Aliens and Nationality.

The Administrative Procedure Act, referred to in the text, is classified to section 1001 et seq. of Title 5, Executive Departments and Government Officers and Employees. Section 611(c)(5) of Title 22, referred to in first par. was repealed Aug. 1, 1956, c. 849, § 70 Stat. 899.

§ 796. Effect of subchapter on other criminal laws.

The foregoing provisions of this subchapter shall be construed as being in addition to and not in modification of existing criminal statutes. (Sept. 23, 1950, ch. 1024, title I, § 17, 64 Stat. 1003.)

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

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

CROSS REFERENCES

Espionage and censorship, penalties for violation of laws relating to, see section 792 et seq. of Title 18, Crimes and Criminal Procedure.

Misdemeanor defined, see section 1 of Title 18, Crimes and Criminal Procedure.

Sabotage, penalties for, see section 2151 et seq. of Title 18, Crimes and Criminal Procedure.

§ 798. Preservation of certain rights.

Nothing in this chapter, sections 137 to 137-8, 156, 456, 457 (b), 704, 705, 725, 729 (c), 733, 734 (b) and 735 of Title 8, sections 793 and 1507 of Title 18, and sections 611 (c) (5) and 618 (e) of Title 22 shall be construed to authorize, require, or establish military or civilian censorship' or in any way to limit or infringe upon freedom of the press or of speech as guaranteed by the Constitution of the United States and no regulation shall be promulgated under said subchapter and sections having that effect. (Sept. 23, 1950, ch. 1024, Title I, § 1 (b), 64 Stat. 787.)

REFERENCES IN TEXT

Sections 137 to 137-8, 156, 456, 457 (b), 704, 705, 725, 729 (c), 733, 734 (b) and 735 of Title 8, referred to in the

text, were repealed by Act June 27, 1952, ch. 477, title IV, § 403 (a) (13) (16) (39) (42), 66 Stat. 279, 280, and are now, covered by subchapters II and III of chapter 12 of Title 8, Aliens and Nationality.

Section 611 (c) (5) of Title 22, referred to in first par. was repealed Aug. 1, 1956, c. 849, § 1, 70 Stat. 899.

CODIFICATION

Section is comprised of subsection (b) of section 1 of act Sept. 23, 1950. Subsection (a) is set out as a note under section 781 of this title.

SUBCHAPTER II.-EMERGENCY DETENTION OF SUSPECTED SECURITY RISKS

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 under that section.

CROSS REFERENCES

Military or civilian censorship prohibited, and preservation of certain Constitutional rights, see section 798 of this title.

§ 811. Congressional finding of necessity.

As a result of evidence adduced before various committees of the Senate and the 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 all the countries of 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 complete 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.

(6) The organizations so established and utilized in various countries, acting under such control, direction, and discipline, endeavor to carry out the objectives of the world Communist movement by bringing about the overthrow of existing governments and setting up Communist totalitarian dictatorships which will be subservient to the most powerful existing Communist totalitarian dictatorship. Although such Communist organizations usually designate themselves as political parties, they are in fact constituent elements of the world-wide movement and promote the objectives of such movement by conspiratorial and coercive tactics, and especially by the use of espionage and sabotage, instead of through the democratic processes of a free elective system or through the freedom-preserving means employed by a political party which operates as an agency by which people govern themselves.

(7) In the United States those individuals who knowingly and willfully participate in the world Communist movement, when they so participate, in effect repudiate their allegiance to the United States and in effect transfer their allegiance to the foreign country in which is vested the direction and control of the world Communist movement; and, in countries other than the United States, those individuals who knowingly and willfully participate in such Communist movement similarly repudiate their allegiance to the countries of which they are nationals in favor of such foreign Communist country.

(8) In pursuance of communism's stated objectives, the most powerful existing Communist dictatorship has, by the methods referred to above, already caused the establishment in numerous foreign countries of Communist totalitarian dictatorships, and threatens to establish similar dictatorships in still other countries.

(9) The agents of communism have devised clever and ruthless espionage and sabotage tactics which are carried out in many instances in form or manner successfully evasive of existing law, and which in this country are directed against the safety and peace of the United States.

(10) The experience of many countries in World War II and thereafter with so-called "fifth columns" which employed espionage and sabotage to weaken the internal security and defense of nations resisting totalitarian dictatorships demonstrated the grave dangers and fatal effectiveness of such internal espionage and sabotage.

(11) The security and safety of the territory and Constitution of the United States, and the successful prosecution of the common defense, especially in time of invasion, war, or insurrection in aid of a foreign enemy, require every reasonable and lawful protection against espionage, and against sabotage to national-defense material, premises, forces, and utilities, including related facilities for mining, manufacturing, transportation, research, training, military and civilian

supply, and other activities essential to national defense.

(12) Due to the wide distribution and complex interrelation of facilities which are essential to national defense and due to the increased effectiveness and technical development in espionage and sabotage activities, the free and unrestrained movement in such emergencies of members or agents of such organizations and of others associated in their espionage and sabotage operations would make adequate surveillance to prevent espionage and sabotage impossible and would therefore constitute a clear and present danger to the public peace and the safety of the United States.

(13) The recent successes of Communist methods in other countries and the nature and control of the world Communist movement itself present a clear and present danger to the security of the United States and to the existence of free American institutions, and make it necessary that Congress, in order to provide for the common defense, to preserve the sovereignty of the United States as an independent nation, and to guarantee to each State a republican form of government, enact appropriate legislation recognizing the existence of such world-wide conspiracy and designed to prevent it from accomplishing its purpose in the United States.

(14) The detention of persons who there is reasonable ground to believe probably will commit or conspire with others to commit espionage or sabotage is, in a time of internal security emergency, essential to the common defense and to the safety and security of the territory, the people and the Constitution of the United States.

(15) It is also essential that such detention in an emergency involving the internal security of the Nation shall be so authorized, executed, restricted and reviewed as to prevent any interference with the constitutional rights and privileges of any persons, and at the same time shall be sufficiently effective to permit the performance by the Congress and the President of their constitutional duties to provide for the common defense, to wage war, and to preserve, protect and defend the Constitution, the Government and the people of the United States.

(Sept. 23, 1950, ch. 1024, title II, § 101, 64 Stat. 1019.) APPLICATION TO COMMUNIST PARTY MEMBERS Application of this section to members of the Communist Party and other subversive organizations, see section 843 of this title, and References in Text note under that section.

SHORT TITLE

Congress, in enacting this subchapter, provided by section 100 by act Sept. 23. 1950, that it should be popularly known as the "Emergency Detention Act of 1950".

SEPARABILITY OF PROVISIONS

The first sentence of section 116 of act Sept. 23, 1950, provided: "If any provision of this title [this subchapter], or the application thereof to any person or circumstance, is held invalid, the remaining provisions of this title this subchapter], or the application of such provision to other persons or circumstances, shall not be affected thereby."

§ 812. Declaration of "internal security emergency" by President; events warranting; period of existence. (a) In the event of any one of the following: (1) Invasion of the territory of the United States or its possessions,

(2) Declaration of war by Congress, or

(3) Insurrection within the United States in aid of a foreign enemy.

and if, upon the occurrence of one or more of the above, the President shall find that the proclamation of an emergency pursuant to this section is essential to the preservation, protection and defense of the Constitution, and to the common defense and safety of the territory and people of the United States, the President is authorized to make public proclamation of the existence of an "Internal Security Emergency".

(b) A state of "Internal Security Emergency" (hereinafter referred to as the "emergency") so declared shall continue in existence until terminated by proclamation of the President or by concurrent resolution of the Congress. (Sept. 23, 1950, ch. 1024, title II, 102, 64 Stat. 1021.)

§ 813. Detention during emergency; release.

(a) Whenever there shall be in existence such an emergency, the President, acting through the Attorney General, is authorized to apprehend and by order detain, pursuant to the provisions of this subchapter, each person as to whom there is reasonable ground to believe that such person probably will engage in, or probably will conspire with others to engage in, acts of espionage or of sabotage.

(b) Any person detained hereunder (hereinafter referred to as "the detainee") shall be released from such emergency detention upon

(1) the termination of such emergency by proclamation of the President or by concurrent resolution of the Congress;

(2) an order of release issued by the Attorney General;

(3) a final order of release after hearing by the Board of Detention Review, hereinafter established;

(4) a final order of release by a United States court, after review of the action of the Board of Detention Review, or upon a writ of habeas corpus.

(Sept. 23, 1950, ch. 1024, title II, § 103, 64 Stat. 1021.)

§ 814. Procedure for apprehension and detention. (a) Warrants and applications.

The Attorney General, or such officer or officers of the Department of Justice as he may from time to time designate, are authorized during such emergency to execute in writing and to issue

(1) a warrant for the apprehension of each person as to whom there is reasonable ground to be

lieve that such person probably will engage in, or probably will conspire with others to engage in, acts of espionage or sabotage; and

(2) an application for an order to be issued pursuant to subsection (d) of this section for the detention of such person for the duration of such emergency.

Each such warrant shall issue only upon probable cause, supported by oath or affirmation, and shall particularly describe the person to be apprehended or detained.

(b) Service of warrants and apprehension; copies for persons apprehended.

Warrants for the apprehension of persons under this subchapter shall be served and apprehension of such persons shall be made only by such duly authorized officers of the Department of Justice as the Attorney General may designate. A copy of the warrant for apprehension shall be furnished to any person apprehended under this subchapter. (c) Places of confinement; provision for transportation, food, shelter, etc., and supervision. Persons apprehended or detained under this subchapter shall be confined in such places of detention as may be prescribed by the Attorney General. The Attorney General shall provide for all detainees such transportation, food, shelter, and other accommodation and supervision as in his judgment may be necessary to accomplish the purpose of this subchapter.

(d) Preliminary hearing; rights of detainee; evidence; orders and reports of hearing officer; appointment of preliminary hearing officers. Within forty-eight hours after apprehension, or as soon thereafter as provision for it may be made, each person apprehended pursuant to this section shall be taken before a preliminary hearing officer appointed pursuant to the provisions of this section. Such hearing officer shall inform such person (1) of the grounds upon which application was made for his detention, (2) of his right to retain counsel, (3) of his right to have a preliminary examination, (4) of his right to refrain from making any statement, and (5) of the fact that any statement made by him may be used against him. Such hearing officer shall allow such person reasonable time and opportunity to consult counsel. If such person waives preliminary examination, the hearing officer shall forthwith issue an order for the detention of such person, and furnish to him a copy of such order. If such person does not waive examination, the preliminary hearing officer shall hear evidence within a reasonable time. Such person may introduce evidence in his own behalf, and may crossexamine witnesses against him, except that the Attorney General or his representative shall not be required to furnish information the revelation of which would disclose the identity or evidence of Government agents or officers which he believes it would be dangerous to national safety and security to divulge. Such hearing officer shall record all evidence offered by or on behalf of such person and all objections made by such person to his detention. If from the evidence it appears to the preliminary hearing officer that there is probable cause for the

detention of such person pursuant to this subchapter, such hearing officer shall forthwith issue an order for the detention of such person, furnish to him a copy of such order, and advise such person of his right to file with the Detention Review Board established by this subchapter a petition for the review of such order. If from the evidence it appears to the preliminary hearing officer that probable cause for the detention of such person has not been shown, such officer shall issue an order discharging such person from detention, and shall furnish a copy of such order to such person. Upon the entry of such order, such person shall be released from custody by the Attorney General and by any subordinate officer or employee of the United States having custody of such person. Within seven days after the entry of any such order, the preliminary hearing officer shall prepare and transmit to the Attorney General, or such other officer as may be designated by him, (1) a report which shall set forth the result of such preliminary hearing, together with his recommendations with respect to the question whether any order issued for the detention of such person shall be continued in effect or revoked, and (2) any additional written representations or evidence which the detainee or his legal counsel may wish to file with the Attorney General. A copy of such report shall be served promptly upon the detainee or his legal counsel. Preliminary hearing officers may be appointed by the President, without regard to the civil service laws but subject to the Classification Act of 1949, in such numbers, and may serve at such places, as may be necessary for the expeditious consideration of cases involving persons apprehended pursuant to this section. No person who has, within the three years preceding the date of his appointment, served as an officer or employee of the Department of Justice shall be appointed as a preliminary hearing officer.

(e) Receipt of additional information upon request of detainee; revocation or modification of detention order.

The Attorney General, or such other officers of the Department of Justice as he may designate, shall upon request of any detainee from time to time receive such additional information bearing upon the grounds for the detention as the detainee or any other person may present in writing. If on the basis of such additional information received by the Attorney General or transmitted to him by such officers, he shall find there is no longer reasonable ground to believe that the detainee probably will engage in, or probably will conspire with others to engage in, acts of espionage or sabotage if released, the Attorney General is authorized to issue an order revoking the initial order or any final Board or court order of detention and to release such detainee. The Attorney General is also authorized to modify the order under which any detainee is detained and apply to such detainee such lesser restrictions in movement and activity as the Attorney General shall determine will serve the purposes of this subchapter. (f) Presentation of evidence in case of Board or court review; right to withhold certain information. In case of Board or court review of any detention order, the Attorney General, or such review

officers as he may designate, shall present to the Board, the court, and the detainee to the fullest extent possible consistent with national security, the evidence supporting a finding of reasonable ground for detention in respect to the detainee, but he shall not be required to offer or present evidence of any agents or officers of the Government the revelation of which in his judgment would be dangerous to the security and safety of the United States.

(g) Regulations by Attorney General; exclusion of forced labor and confinement with criminals.

The Attorney General is authorized to prescribe such regulations, not inconsistent with the provisions of this subchapter, as he shall deem necessary to promote the effective administration of this subchapter. No such regulation shall require or permit persons detained under the provisions of this subchapter to perform forced labor, or any tasks not reasonably associated with their own comfort and well-being, or to be confined in company with persons who are confined pursuant to the criminal laws of the United States or of any State. (h) Bimonthly reports to President and Congress during emergency.

Whenever there shall be in existence an emergency within the meaning of this subchapter, the Attorney General shall transmit bimonthly to the President and to Congress a report of all action taken pursuant to the powers granted in this subchapter. (Sept. 23, 1950, ch. 1024, title II, § 104, 64 Stat. 1022.)

REFERENCES IN TEXT

The civil service laws and Classification Act of 1949, referred to in subsec. (d), are classified to chapters 12 and 21, respectively, of Title 5, Executive Departments and Government Officers and Employees.

§ 815. Detention Review Board.

(a) Creation; membership; terms; designation of Chairman; removal.

The President is authorized to establish a Detention Review Board (referred to in this subchapter as the "Board") which shall consist of nine members, not more than five of whom shall be members of the same political party, appointed by the President by and with the advice and consent of the Senate. Of the original members of the Board, three shall be appointed for terms of one year each, three for terms of two years each, and three for terms of three years each, but their successors shall be appointed for terms of three years each, subject to termination of the term upon expiration of this subchapter, except that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The President shall designate one member to serve as Chairman of the Board. Any member of the Board may be removed by the President, upon notice and hearing, for neglect of duty or for malfeasance in office, but for no other cause.

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United States Code, Volume 11