United States Code

(b) Board divisions; vacancies; powers of remaining members; quorum; official seal; judicial notice. The Board is authorized to establish divisions thereof, each of which shall consist of not less than three of the members of the Board. Each such division may be delegated any or all of the powers which the Board may exercise. A vacancy in the Board shall not impair the right of the remaining members to exercise all of the powers of the Board, and five members of the Board shall at all times constitute a quorum of the Board, except that two members shall constitute a quorum of any division established pursuant to this subsection. The Board shall have an official seal which shall be judicially noticed. (c) Reports to Congress; contents.

At the close of each fiscal year the Board shall make a report in writing to the Congress and to the President stating in detail the cases it has heard, the decisions it has rendered, the names, salaries, and duties of all employees and officers in the employ or under the supervision of the Board, and an account of all moneys it has disbursed.

(d) Dissolution upon termination of emergency, release of detainees, and conclusion of proceedings; subsequent establishment.

In the event of a proclamation by the President or a concurrent resolution of the Congress terminating the existence of a state of emergency, and after the release of all detainees and the conclusion of all pending matters before the Board and of all pending appeals in the courts from orders of the Board, the President shall within a reasonable time dissolve and terminate the Board and all of its authority, powers, functions, and duties. Such termination shall not preclude the subsequent establishment by the President, pursuant to this subchapter, of another Board with all of the rights, authority, and duties prescribed by this subchapter, in the event that he shall proclaim another emergency or shall determine that the proclamation of such an emergency may soon be essential to the national security. (Sept. 23, 1950, ch. 1024, title II, § 105, 64 Stat. 1023.)

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.

§ 816. Salaries of Board members; other personnel; use of agencies and services; expenses; appropriations.

(a) Each member of the Board shall receive a salary of $12,500 a year, shall be eligible for reappointment, and shall not engage in any other business, vocation, or employment. The Board shall appoint an executive secretary, and such attorneys and other employees as it may from time to time find necessary for the proper performance of its duties. The Board may establish or utilize such regional, local, or other agencies, and utilize such voluntary and uncompensated services, as may from time to time be needed.

(b) All of the expenses of the Board, including all necessary traveling and subsistence expenses outside the District of Columbia incurred by the members or employees of the Board under its orders, shall be

paid out of appropriations made therefor, and there are authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary for that purpose. (Sept. 23, 1950, ch. 1024, title II, § 106, 64 Stat. 1024.)

§ 817. District of Columbia as Board headquarters; meeting and hearing outside District.

The principal office of the Board shall be in the District of Columbia, but it may meet and exercise any or all of its powers at any other place. The Board may conduct any hearing necessary to its functions in any part of the United States. (Sept. 23, 1950, ch. 1024, title II, § 107, 64 Stat. 1024.)

§ 818. Rules and regulations by Board; applicability of Administrative Procedure Act.

The Board shall have authority from time to time to make, amend, and rescind, in the manner prescribed by the Administrative Procedure Act, such rules and regulations as may be necessary to carry out the provisions of this subchapter. All procedures of the Board shall be subject to the applicable provisions of the Administrative Procedure Act. (Sept. 23, 1950, ch. 1024, title II, § 108, 64 Stat. 1024.)

REFERENCES IN TEXT

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.

§ 819. Powers and duties of Board.

(a) Review of, and action on, orders and claims; determination of security risks.

Any Board created under this subchapter is empowered

(1) to review upon petition of any detainee any order of detention issued pursuant to section 814 (d) of this title;

(2) to determine whether there is reasonable ground to believe that such detainee probably will engage in, or conspire with others to engage in, espionage or sabotage;

(3) to issue orders confirming, modifying, or revoking any such order of detention; and

(4) to hear and determine any claim made pursuant to this paragraph by any person who shall have been detained pursuant to this subchapter and shall have been released from such detention, for loss of income by such person resulting from such detention if without reasonable grounds. Upon the issuance of any final order for indemnification pursuant to this paragraph, the Attorney

General is authorized and directed to make payment of such indemnity to the person entitled thereto from such funds as may be appropriated to him for such purpose.

(b) Time for hearing on petition for review; notice and place.

Whenever a petition for review of an order for detention issued pursuant to section 814 (d) of this title or for indemnification pursuant to subsection (a) of this section shall have been filed with the Board in accordance with such regulations as may be prescribed by the Board, the Board shall provide for an appropriate hearing upon due notice to the petitioner and the Attorney General at a place therein fixed, not less than fifteen days after the serving of said notice and not more than forty-five days after the filing of such petition.

In any case arising from a petition for review of an order for detention issued pursuant to section 814 (d) of this title, the Board shall require the Attorney General to inform such detainee of grounds on which his detention was instituted, and to furnish to him as full particulars of the evidence as possible, including the identity of informants, subject to the limitation that the Attorney General may 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.

(d) Subpenas, oaths, affirmations, witnesses, evidence, aid of courts, and contempt.

(1) Any member of the Board shall have the power to issue subpenas requiring the attendance and testimony of witnesses and the production of any evidence relating to the matter under review before the Board or any hearing examiner conducting any hearing authorized by this subchapter. Any hearing examiner of the Board may administer oaths and affirmations, examine witnesses, and receive evidence.

Such attendance of witnesses and the production of such evidence may be required from any place in the United States or any Territory or possession thereof, at any designated place of hearing.

(2) In case of contumacy or refusal to obey a subpena issued to any person, any district court of the United States or the United States courts of any Territory or possession, or the District Court of the United States for the District of Columbia, within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Board shall have jurisdiction to issue to such person an order requiring such person to appear before the Board or its hearing examiner, there to produce evidence if so ordered, or there to give testimony touching the matter under review; and any failure to obey such order of the court may be punished by said court as a contempt thereof.

(e) Service of papers; fees and mileage; information from other Government agencies.

(1) Notices, orders, and other process and papers of the Board, or any hearing examiner thereof,

shall be served upon the detainee personally and upon his attorney or designated representative. Such process and papers may be served upon the Attorney General or such other officers as may be designated by him for such purpose, and upon any other interested persons either personally or by registered mail or by telegraph or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual so serving the same setting forth the manner of such service shall be proof of the same, and the return post-office receipt or telegraph receipt therefor when registered and mailed or telegraphed as aforesaid shall be proof of service of the same. Witnesses summoned before the Board, or any hearing examiner thereof, shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States.

(2) All process of any court to which application may be made under this subchapter may be served in the judicial district wherein the person required to be served resides or may be found.

(3) The several departments and agencies of the Government, when directed by the President, shall furnish the Board, upon its request, all records, papers, and information in their possession relating to any matter before the Board.

(f) Rights of detainee at hearing.

Every detainee shall be afforded full opportunity to be represented by counsel at the preliminary hearing prescribed by this subchapter and in all stages of the detention review proceedings, including the hearing before the Board and any judicial review, and he shall have the right at hearings of the Board to testify, to have compulsory process for obtaining witnesses in his favor, and to cross-examine adverse witnesses.

(g) Consideration of confidential evidence; reduction of evidence to writing; additional testimony and argument.

In any proceeding before the Board under this subchapter the Board and its hearing examiners are authorized to consider under regulations designed to protect the national security any evidence of Government agencies and officers the full text or content of which cannot be publicly revealed for reasons of national security, but which the Attorney General in his discretion offers to present. The testimony taken before the Board or its hearing examiners shall be reduced to writing and filed with the Board. Thereafter, in its discretion, the Board upon notice may take further testimony or hear argument. (h) Evidentiary matters considered in deciding questions as to security risks.

In deciding the question of the existence of reasonable ground to believe a person probably will engage in or conspire with others to engage in espionage or sabotage, the Attorney General, any preliminary hearing officer, and the Board of Detention Review are authorized to consider evidence of the following:

(1) Whether such person has knowledge of or has received or given instruction or assignment in the espionage, counterespionage, or sabotage service or procedures of a government or political party of a foreign country, or in the espionage, counterespionage, or sabotage service or procedures of the Communist Party of the United States or of any other organization or political party which seeks to overthrow or destroy by force and violence the Government of the United States or of any of its subdivisions and to substitute therefor a totalitarian dictatorship controlled by a foreign government, and whether such knowledge, instruction, or assignment has been acquired or given by reason of civilian, military, or police service with the United States Government, the governments of the several States, their political subdivisions, the District of Columbia, the Territories, the Canal Zone, or the insular possessions, or whether such knowledge has been acquired 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, or whether, by reason of employment at any time by the Department of Justice or the Central Intelligence Agency, such person has made full written disclosure of such knowledge or instruction to officials within those agencies and such disclosure has been made a matter of record in the files of the agency concerned;

(2) Any past act or acts of espionage or sabotage committed by such person, or any past participation by such person in any attempt or conspiracy to commit any act of espionage or sabotage, against the United States, any agency or instrumentality thereof, or any public or private national defense facility within the United States;

(3) Activity in the espionage or sabotage operations of, or the holding at any time after January 1, 1949, of membership in, the Communist Party of the United States or any other organization or political party which seeks to overthrow or destroy by force and violence the Government of the United States or of any of its political subdivisions and the substitution therefor of a totalitarian dictatorship controlled by a foreign government. (i) Necessity for reasonable ground for belief.

The authorization of the Attorney General and the Board of Detention Review to consider the evidence set forth in subsection (h) of this section shall not be construed as a direction to detain any person as to whom such evidence exists, but in each case the Attorney General or the Board of Detention Review shall decide whether, on all the evidence, there is reasonable ground to believe the detainee or possible detainee probably will engage in, or conspire with others to engage in, espionage or sabotage. (i) Claims for indemnity; receipt of evidence having probative value.

In any proceeding involving a claim for the payment of any indemnity pursuant to the provisions of this subchapter, the Board and its hearing examiners may receive evidence having probative value concerning the nature and extent of the in

come lost by the claimant as a result of his detention. (Sept. 23, 1950, ch. 1024, title II, § 109, 64 Stat. 1025.)

CROSS REFERENCES Witnesses, per diem and mileage fees, see section 1821 et seq. of Title 28, Judiciary and Judicial Procedure. FEDERAL RULES OF CIVIL PROCEDURE

Process, see rule 4, Title 28, Appendix, Judiciary and Judicial Procedure.

Subpena, contempt for refusal to obey, see rule 45(f), Title 28, Appendix, Judiciary and Judicial Procedure.

§ 820. Orders of Board.

(a) Revocation of detention order.

If upon all the testimony taken in any proceeding for the review of any order of detention issued pursuant to section 814 (d) of this title, the Board shall determine that there is not reasonable ground to believe that the detainee in question probably will engage in, or conspire with others to engage in, espionage or sabotage, the Board shall state its findings of fact and shall issue and serve upon the Attorney General an order revoking the order for detention of the detainee concerned and requiring the Attorney General, and any officer designated by him for the supervision or control of the detention of such person, to release such detainee from custody; and shall forthwith serve a copy of such order upon the detainee.

(b) Orders sustaining or denying indemnity claims.

If upon all the testimony taken in any proceeding for the review of any such order for detention involving a claim for indemnity pursuant to this subchapter, or in any other proceeding brought before the Board for the assertion of a claim to such indemnity, the Board shall determine that the claimant is entitled to receive such indemnity, the Board shall state its findings of fact and shall issue and serve upon the Attorney General an order requiring him to pay to such claimant the amount of such indemnity; and shall forthwith serve a copy of such order upon such claimant. If upon all the testimony taken in any proceeding involving a claim for indemnity or for the ascertainment of any such claim, the Board shall determine that the claimant is not entitled to receive such indemnity, the Board shall state its finding of fact in sufficient detail to apprise the claimant of the grounds for its decision and shall issue and serve upon the claimant an order denying such claim and dismissing his petition so far as it pertains to such claim.

If upon all the testimony taken in any proceeding for the review of any such order for detention, the Board shall determine that there is reasonable ground to believe that the detainee probably will engage in, or conspire with others to engage in, espionage or sabotage, the Board shall state its findings of fact in sufficient detail to apprise the detainee of the grounds for its decision and shall issue and serve upon the detainee an order dismissing the petition and confirming the order of detention.

(d) Report and recommended order of hearing examiner; effectiveness after expiration of time period. In case the evidence is presented before a hearing examiner such examiner shall issue and cause to be served on the parties to the proceeding a proposed report, together with a recommended order, which shall be filed with the Board, and if no exceptions are filed within twenty days after service thereof upon such parties, or within such further period as the Board may authorize, such recommended order shall become the order of the Board and become effective as therein prescribed.

(e) Modification or setting aside by Board of its own findings or orders prior to court review.

Until the record in a case shall have been filed in a court, as hereinafter provided, the Board may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it. (Sept. 23, 1950, ch. 1024, title II, § 110, 64 Stat. 1027; Aug. 28, 1958, Pub. L. 85-791, § 30(a), 72 Stat. 950.)

Any petitioner aggrieved by an order of the Board denying in whole or in part the relief sought by him, or by the failure or refusal of the Attorney General to obey such order, shall be entitled to the judicial review or judicial enforcement, provided hereinafter in this section.

(b) Orders granting indemnity; right of Attorney General.

In the case of any order of the Board granting any indemnity to any petitioner, the Attorney General shall be entitled to the judicial review of such order provided hereinafter in this section.

(c) Courts of appeals; place; petition; time; service; record; statement; powers of court; conclusiveness of Board's finding.

Any party entitled to judicial review or enforcement under subsection (a) or (b) of this section shall be entitled to receive such review or enforcement in any United States court of appeals for the circuit wherein the petitioner is detained or resides by filing in such court within sixty days from the date of service upon the aggrieved party of such order of the Board a written petition praying that such order be modified or set aside or enforced, except that in the case of a petition for the enforcement of a Board order, the petitioner shall have a further period of sixty days after the Board order has become final within which to file the petition herein required. A copy of such petition by any petitioner other than the Attorney General shall be forthwith served upon the Attorney General and upon the Board, and a copy of any such petition filed by the Attorney General shall be forthwith served upon the person with respect to whom relief

is sought and upon the Board. The Board shall thereupon file in the court the record of the proceedings before the Board with respect to the matter concerning which judicial review is sought, as provided in section 2112 of Title 28. In the case of a petition for enforcement, under subsection (a) of this section, the petitioner shall file with his petition a statement under oath setting forth in full the facts and circumstances upon which he relies to show the failure or refusal of the Attorney General to obey the order of the Board. Upon the filing of such petition the court shall have jurisdiction of the proceeding, which upon the filing of the record with it shall be exclusive, and shall have power to affirm, modify, or set aside, or to enforce or enforce as modified the order of the Board. The findings of the Board as to the facts, if supported by reliable, substantial, and probative evidence, shall be conclusive.

(d) Additional evidence; modification of, or new, findings by Board; recommendations; exclusiveness of court jurisdiction; finality of judgment; review by Supreme Court.

If either party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Board or its hearing examiner, the court may order such additional evidence to be taken before the Board or its hearing examiner and to be made a part of the record. The Board may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file such modified or new findings, which findings with respect to questions of fact if supported by reliable, substantial, and probative evidence on the record considered as a whole shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order. The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of Title 28.

(e) Commencement of review proceeding as stay of Board's order.

The commencement of proceedings by the Attorney General for judicial review under subsection (b) of this section shall, if he so requests, operate as a stay of the Board's order.

(f) Time of finality of Board's order.

Any order of the Board shall become final

(1) upon the date of entry thereof by the Board, if such order is not subject to judicial review; or (2) upon the expiration of the time allowed for filing a petition for review or enforcement, if such order is subject to judicial review and no such petition has been duly filed within such time; or

(3) upon the expiration of the time allowed for filing a petition for certiorari, if such order is subject to judicial review and the order of the Board has been affirmed or the petition for review or enforcement dismissed by a United States

court of appeals, and no petition for certiorari has been duly filed; or

(4) upon the denial of a petition for certiorari, if such order is subject to judicial review and the order of the Board has been affirmed or the petition for review or enforcement dismissed by a United States court of appeals; or

(5) upon the exiration of ten days from the date of issuance of the mandate of the Supreme Court, if such order is subject to judicial review and such Court directs that the order of the Board be affirmed or that the petition for review or enforcement be dismissed.

(g) Applicability of Administrative Procedure Act.

Nothing contained in this section shall be construed to deprive any person of any relief to which he may be entitled under the Administrative Procedure Act. (Sept. 23, 1950, ch. 1024, title II, § 111, 64 Stat. 1028; Aug. 28, 1958, Pub. L. 85-791, § 30 (b), (c), 72 Stat. 950, 951.)

REFERENCES IN TEXT

The Administrative Procedure Act, referred to in subsec. (g), is classified to section 1001 et seq. of Title 5, Executive Departments and Government Officers and Employees.

AMENDMENTS

1958 Subsec. (c). Pub. L. 85-791, § 30 (b), in third sentence, eliminated “a duly certified transcript of" following "court", and "entire" preceding "record" and substituted "as provided in section 2112 of Title 28" for “including all evidence upon which the order complained of was entered, the findings and order of the Board", and which, in fifth sentence, substituted "Upon the filing of such petition" for "Thereupon", and inserted "which upon the filing of the record with it shall be exclusive".

Subsec. (d). Pub. L. 85-791, § 30 (c), substituted "record" for "transcript" at the end of the first sentence.

CROSS REFERENCES

Supreme Court, time for appeal or certiorari, see section 2101 of Title 28, Judiciary and Judicial Procedure.

§ 822. Resisting, disregarding or evading apprehension; escape or attempt to escape; conspiracy; penalty.

Whoever, being named in a warrant for apprehension or order of detention as one as to whom there is reasonable ground to believe that he probably will engage in, or conspire with others to engage in, espionage or sabotage, or being under confinement or detention pursuant to this subchapter, shall resist or knowingly disregard or evade apprehension pursuant to this subchapter or shall escape, attempt to escape or conspire with others to escape from confinement or detention ordered and instituted pursuant to this subchapter, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (Sept. 23, 1950, ch. 1024, title II, § 112, 64 Stat. 1029.)

CROSS REFERENCES

Federal retirement benefits, forfeiture upon conviction of offense described under these sections, see section 2282 of Title 5, Executive Departments and Government Officers and Employees.

Felony, definition of, see section 1 of Title 18, Crimes and Criminal Procedure.

Forfeiture of veterans' benefits upon conviction under these sections, see section 3505 of Title 38, Veterans' Benefits.

§ 823. Aiding evasion of apprehension, or escape; concealment; conspiracy; penalty.

Whoever knowingly

(a) advises, aids, assists, or procures the resistance, disregard, or evasion of apprehension pursuant to this subchapter by any person named in a warrant or order of detention as one as to whom there is reasonable ground to believe that such person probably will engage in, or conspire with others to engage in espionage or sabotage; or

(b) advises, aids, assists, or procures the escape from confinement or detention pursuant to this subchapter of any person so named; or

(c) aids, relieves, transports, harbors, conceals, shelters, protects, or otherwise assists any person so named for the purpose of the evasion of such apprehension by such person or the escape of such person from such confinement or detention; or

(d) attempts to commit or conspires with any other person to commit any act punishable under subsections (a), (b), or (c) of this section,

shall be fined not more than $10,000, or imprisoned not more than ten years, or both. (Sept. 23, 1950, ch. 1024, title II, § 113, 64 Stat. 1030.)

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.

CROSS REFERENCES

Federal retirement benefits, forfeiture upon conviction of offense described hereunder, see section 2282 of Title 5, Executive Departments and Government Officers and Employees.

Felony, definition of, see section 1 of Title 18, Crimes and Criminal Procedure.

Forfeiture of veterans' benefits upon conviction under this section, see section 3505 of Title 38, Veterans' Benefits. § 824. Resistance of, or interference with, Board members or agents; penalty.

Any person who shall willfully resist, prevent, impede, or interfere with any member of the Board or any of its agents or agencies in the performance of duties pursuant to 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 punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both. (Sept. 23, 1950, ch. 1024, title II, § 114, 64 Stat. 1030.)

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.

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United States Code, Volume 11