United States Code

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

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

§ 825. Definitions.

For the purposes of this subchapter, the term "espionage" means any violation of sections 791797 of Title 18, and the term "sabotage" means any violation of sections 2151-2156 of Title 18. (Sept. 23, 1950, ch. 1024, title II, § 115, 64 Stat. 1030.)

§ 826. Preservation of privilege of habeas corpus.

Nothing contained in this subchapter shall be construed to suspend or to authorize the suspension of the privilege of the writ of habeas corpus. (Sept. 23, 1950, ch. 1024, title II, § 116, 64 Stat. 1030.)

CODIFICATION

Section constitutes the second sentence only of section 116 of act Sept. 23, 1950. The first sentence of section 116, relating to separability of provisions of this subchapter, is set out as a note under section 811 of this title.

CROSS REFERENCES

Habeas corpus generally, see chapter 153 of Title 28, Judiciary and Judicial Procedure.

Suspension of privilege of writ of habeas corpus, see Const., Art. 1, § 9, cl. 2.

SUBCHAPTER III-PERSONNEL SECURITY PROCEDURES IN NATIONAL SECURITY AGENCY

§ 831. Regulations for employment security.

Subject to the provisions of this subchapter, the Secretary of Defense (hereafter in this subchapter referred to as the "Secretary") shall prescribe such regulations relating to continuing security procedures as he considers necessary to assure

(1) that no person shall be employed in, or detailed or assigned to, the National Security Agency (hereafter in this subchapter referred to as the "Agency"), or continue to be so employed, detailed, or assigned; and

(2) that no person so employed, detailed, or assigned shall have access to any classified information;

unless such employment, detail, assignment, or access to classified information is clearly consistent with the national security. (Sept. 23, 1950, ch. 1024, title III, § 301, as added Mar. 26, 1964, Pub. L. 88-290, 78 Stat. 168.)

§ 832. Full field investigation and appraisal. (a) Conditional employment; other current security clearance; circumstances authorizing employment on temporary basis.

No person shall be employed in, or detailed or assigned to, the Agency unless he has been the subject of a full field investigation in connection with such employment, detail, or assignment, and is cleared for access to classified information in accordance with the provisions of this subchapter; excepting that conditional employment without access to sensitive cryptologic information or material may be tendered any applicant, under such regulations as the Secretary may prescribe, pending the completion of such full field investigation: And provided further, That such full field investigation at the discretion of the Secretary need not be required in the case of persons assigned or detailed to the Agency who have a current security clearance for access to sensitive cryptologic information under equivalent standards of investigation and clearance. During any period of war declared by the Congress, or during any period when the Secretary determines that a national disaster exists, or in exceptional cases in which the Secretary (or his designee for such purpose) makes a determination in writing that his action is necessary or advisable in the national interest, he may authorize the employment of any person in, or the detail or assignment of any person to, the Agency, and may grant to any such person access to classified information, on a temporary basis, pending the completion of the full field investigation and the clearance for access to classified information required by this subsection, if the Secretary determines that such action is clearly consistent with the national security.

(b) Boards of appraisal; establishment; membership; appointment; appraisal in doubtful cases; report and recommendation; qualifications of members; Secretary's clearance contrary to board's recommendation.

To assist the Secretary and the Director of the Agency in carrying out their personnel security responsibilities, one or more boards of appraisal of three members each, to be appointed by the Director of the Agency, shall be established in the Agency. Such a board shall appraise the loyalty and suitability of persons for access to classified information, in those cases in which the Director of the Agency determines that there is a doubt whether their access to that information would be clearly consistent with the national security, and shall submit a report and recommendation on each such a case. However, appraisal by such a board is not required before action may be taken under section 863 of Title 5, section 22-1 of Title 5, or any other similar provision of law. Each member of such a board shall be specially qualified and trained for his duties as such a member, shall have been the subject of a full field investigation in connection with his appointment as such a member, and shall have been cleared by the Director for access to classified information at the time of his appointment as such a member. No person shall be cleared for access to classified information, contrary to the recommendations of any such board, unless the Secretary (or his designee for such purpose) shall make a

determination in writing that such employment, detail, assignment, or access to classified information is in the national interest. (Sept. 23, 1950, ch. 1024, title III, § 302, as added Mar. 26, 1964, Pub. L. 88-290, 78 Stat. 168.)

§ 833. Termination of employment. (a) Generally; finality.

Notwithstanding section 863 of Title 5, section 22-1 of Title 5, or any other provision of law, the Secretary may terminate the employment of any officer or employee of the Agency whenever he considers that action to be in the interest of the United States, and he determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of that officer or employee cannot be invoked consistently with the national security. Such a determination is final.

(b) Employment in other departments or agencies.

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

Notwithstanding section 133 (d) of Title 10 any authority vested in the Secretary of Defense by subsection (a) may be delegated only to the Deputy Secretary of Defense or the Director of the National Security Agency, or both. (Sept. 23, 1950, ch. 1024, title III, § 303, as added Mar. 26, 1964, Pub. L. 88-290, 78 Stat. 169.)

§ 834. Definition of "classified information".

For the purposes of this section, the term "classified information" means information which, for reasons of national security, is specifically designated by a United States Government agency for limited or restricted dissemination or distribution. (Sept. 23, 1950, ch. 1024, title III, § 304, as added Mar. 26, 1964, Pub. L. 88-290, 78 Stat. 170.)

§ 835. Nonapplicability of Administrative Procedure Act.

The Administrative Procedure Act, as amended, shall not apply to the use or exercise of any authority granted by this subchapter. (Sept. 23, 1950, ch. 1024, title III, § 305, as added Mar. 26, 1964, Pub. L. 88-290, 78 Stat. 170.)

REFERENCES IN TEXT

The Administrative Procedure Act, as amended, referred to in the text, is classified to chapter 19 of Title 5, Executive Departments and Government Officers and Employees.

SUBCHAPTER IV.-COMMUNIST CONTROL

CODIFICATION

This subchapter was enacted as a part of the Communist Control Act of 1954, and not as a part of the Internal Security Act of 1950, which comprises this chapter and other provisions. See note under section 781 of this title.

§ 841. Findings and declarations of fact.

The Congress finds and declares that the Communist Party of the United States, although pur

portedly a political party, is in fact an instrumentality of a conspiracy to overthrow the Government of the United States. It constitutes an authoritarian dictatorship within a republic, demanding for itself the rights and privileges accorded to political parties, but denying to all others the liberties guaranteed by the Constitution. Unlike political parties, which evolve their policies and programs through public means, by the reconciliation of a wide variety cf individual views, and submit those policies and programs to the electorate at large for approval or disapproval, the policies and programs of the Communist Party are secretly prescribed for it by the foreign leaders of the world Communist movement. Its members have no part in determining its goals, and are not permitted to voice dissent to party objectives. Unlike members of political parties, members of the Communist Party are recruited for indoctrination with respect to its objectives and methods, and are organized, instructed, and disciplined to carry into action slavishly the assignments given them by their hierarchical chieftains. Unlike political parties, the Communist Party acknowledges no constitutional or statutory limitations upon its conduct or upon that of its members. The Communist Party is relatively small numerically, and gives scant indication of capacity ever to attain its ends by lawful political means. The peril inherent in its operation arises not from its numbers, but from its failure to acknowledge any limitation as to the nature of its activities, and its dedication to the proposition that the present constitutional Government of the United States ultimately must be brought to ruin by any available means, including resort to force and violence. Holding that doctrine, its role as the agency of a hostile foreign power renders its existence a clear present and continuing danger to the security of the United States. It is the means whereby individuals are seduced into the service of the world Communist movement, trained to do its bidding, and directed and controlled in the conspiratorial performance of their revolutionary services. Therefore, the Communist Party should be outlawed. (Aug. 24, 1954, ch. 886, § 2, 68 Stat. 775.)

SHORT TITLE

Congress, in enacting act Aug. 24, 1954, which enacted this subchapter, enacted sections 782 (4A), 784 (a) (1) (E), 791 (e) (3), and 792a of this title, enacted provisions set out as a note under this section, amended sections 782 (5), 784 (a) (1) (D), 789 (opening par.) 790 (a) (b), 791 (e) (2), 792 (catchline), and 793 (a) (b) of this title, and repealed sections 784 (c) and 785 (c) of this title, provided by section 1 of that act that those enactments, amendments and repeals should be popularly known as the "Communist Control Act of 1954".

SEPARABILITY OF PROVISIONS

Section 12 of act Aug. 24, 1954, provided: "If any provision of this title [Act] or the application thereof to any person or circumstances is held invalid, the remainder of the title [Act] and the application of such provisions to other persons or circumstances, shall not be affected thereby."

The use of the word "Act", in place of the word "title" as used in section 12 of act of Aug. 24, 1954, quoted above, was probably intended, since that act is not divided into titles. For distribution of that act in this Code, see Short Title note above.

§ 842. Proscription of Communist Party, its successors, and subsidiary organizations.

The Communist Party of the United States, or any successors of such party regardless of the assumed name, whose object or purpose is to overthrow the Government of the United States, or the government of any State, Territory, District, or possession thereof, or the government of any political subdivision therein by force and violence, are not entitled to any of the rights, privileges, and immunities attendant upon legal bodies created under the jurisdiction of the laws of the United States or any political subdivision thereof; and whatever rights, privileges, and immunities which have heretofore been granted to said party or any subsidiary organization by reason of the laws of the United States or any political subdivision thereof, are terminated: Provided, however, That nothing in this section shall be construed as amending the Internal Security Act of 1950, as amended. (Aug. 24, 1954, ch. 886, § 3, 68 Stat. 776.)

REFERENCES IN TEXT

The Internal Security Act of 1950, as amended, referred to in the text, is act Sept. 23, 1950, ch. 1024, 64 Stat. 987, which is classified to subchapters I and II of this chapter, and to other titles of this Code. For detailed distribution of that act in this Code, see note under section 781 of this title.

§ 843. Application of Internal Security Act of 1950 to members of Communist Party and other subversive organizations; definition.

(a) Whoever knowingly and willfully becomes or remains a member of (1) the Communist Party, or (2) any other organization having for one of its purposes or objectives the establishment, control, conduct, seizure, or overthrow of the Government of the United States, or the government of any State or political subdivision thereof, by the use of force or violence, with knowledge of the purpose or objective of such organization shall be subject to all the provisions and penalties of the Internal Security Act of 1950, as amended, as a member of a "Communist-action" organization.

(b) For the purposes of this section, the term "Communist Party" means the organization now known as the Communist Party of the United States of America, the Communist Party of any State or subdivision thereof, and any unit or subdivision of any such organization, whether or not any change is hereafter made in the name thereof. (Aug. 24, 1954, ch. 886, § 4, 68 Stat. 776.)

REFERENCES IN TEXT

The Internal Security Act of 1950, as amended, referred to in subsec. (a) is act Sept. 23, 1950, ch. 1024, 64 Stat. 987, which is classified to subchapters I and II of this chapter, and to other titles of this Code. For detailed distribution of that act in this Code, see note under section 781 of this title.

§ 844. Same; determination by jury of membership, participation, or knowledge of purpose.

In determining membership or participation in the Communist Party or any other organization defined in this Act, or knowledge of the purpose or objective of such party or organization, the jury, under instructions from the court, shall consider evidence, if presented, as to whether the accused person:

(1) Has been listed to his knowledge as a member in any book or any of the lists, records, correspondence, or any other document of the organization;

(2) Has made financial contribution to the organization in dues, assessments, loans, or in any other form;

(3) Has made himself subject to the discipline of the organization in any form whatsoever;

(4) Has executed orders, plans, or directives of any kind of the organization;

(5) Has acted as an agent, courier, messenger, correspondent, organizer, or in any other capacity in behalf of the organization;

(6) Has conferred with officers or other members of the organization in behalf of any plan or enterprise of the organization;

(7) Has been accepted to his knowledge as an officer or member of the organization or as one to be called upon for services by other officers or members of the organization;

(8) Has written, spoken or in any other way communicated by signal, semaphore, sign, or in any other form of communication orders, directives, or plans of the organization;

(9) Has prepared documents, pamphlets, leaflets, books, or any other type of publication in behalf of the objectives and purposes of the organization;

(10) Has mailed, shipped, circulated, distributed, delivered, or in any other way sent or delivered to others material or propaganda of any kind in behalf of the organization;

(11) Has advised, counseled or in any other way imparted information, suggestions, recommendations to officers or members of the organization or to anyone else in behalf of the objectives of the organization;

(12) Has indicated by word, action, conduct, writing or in any other way a willingness to carry out in any manner and to any degree the plans, designs, objectives, or purposes of the organization;

(13) Has in any other way participated in the activities, planning, actions, objectives, or purposes of the organization;

(14) The enumeration of the above subjects of evidence on membership or participation in the Communist Party or any other organization as above defined, shall not limit the inquiry into and consideration of any other subject of evidence on membership and participation as herein stated. (Aug. 24, 1954, ch. 886, § 5, 68 Stat. 777.)

REFERENCES IN TEXT

"This Act", as used in the text of opening paragraph, refers to the Communist Control Act of 1954, act Aug. 24, 1954. For distribution of that act in this Code, see Short Title note under section 841 of this title.

SUBCHAPTER V.-REGISTRATION OF CERTAIN PERSONS TRAINED IN FOREIGN ESPIONAGE SYSTEMS

CODIFICATION

This subchapter was not enacted as a part of the Internal Security Act of 1950, which comprises this chapter.

§ 851. Registration of certain persons; filing statement; regulations.

Except as provided in section 852 of this title, every person who has knowledge of, or has received instruction or assignment in, the espionage, counterespionage, or sabotage service or tactics of a government of a foreign country or of a foreign political party, shall register with the Attorney General by filing with the Attorney General a registration statement in duplicate, under oath, prepared and filed in such manner and form, and containing such statements, information, or documents pertinent to the purposes and objectives of this subchapter as the Attorney General, having due regard for the national security and the public interest, by regulations prescribes. (Aug. 1, 1956, ch. 849, § 2, 70 Stat. 899.) SEPARABILITY OF PROVISIONS

Section 9 of act Aug. 1, 1956, provided: "If any provision of this Act [this subchapter] or the application thereof to any person or circumstances is held invalid, the remainder of the Act [this subchapter], and the application of such provisions to other persons or circumstances, is not affected thereby."

§ 852. Exemption from registration.

The registration requirements of section 851 of this title do not apply to any person

(a) who has obtained knowledge of or received instruction or assignment in the espionage, counterespionage, or sabotage service or tactics of a foreign government or foreign political party by reason of civilian, military, or police service or employment with the United States Government, the governments of the several States, their political subdivisions, the District of Columbia, the Territories, or the Canal Zone;

(b) who has obtained such knowledge 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;

(c) who has made full disclosure of such knowledge, instruction, or assignment to officials within an agency of the United States Government having responsibilities in the field of intelligence, which disclosure has been made a matter of record in the files of such agency, and concerning whom a written determination has been made by the Attorney General or the Director of Central Intelligence that registration would not be in the interest of national security;

(d) whose knowledge of, or receipt of instruction or assignment in, the espionage, counterespionage, or sabotage service or tactics of a government of a foreign country or of a foreign political party, is a matter of record in the files of an agency of the United States Government having responsibilities in the field of intelligence and concerning whom a written determination is made by the Attorney General or the Director of Central Intelligence, based on all information available, that registration would not be in the interest of national security;

(e) who is a duly accredited diplomatic or consular officer of a foreign government, who is so recognized by the Department of State, while he is engaged exclusively in activities which are recognized by the Department of State as being within the scope of the functions of such officer, and any 36-500 0-65—vol. 11--9

member of his immediate family who resides with him;

(f) who is an official of a foreign government recognized by the United States, whose name and status and the character of whose duties as such official are of record in the Department of State, and while he is engaged exclusively in activities which are recognized by the Department of State as being within the scope of the functions of such official, and any member of his immediate family who resides with him;

(g) who is a member of the staff of or employed by a duly accredited diplomatic or consular officer of a foreign government who is so recognized by the Department of State, and whose name and status and the character of whose duties as such member or employee are a matter of record in the Department of State, while he is engaged exclusively in the performance of activities recognized by the Department of State as being within the scope of the functions of such member or employee;

(h) Who is an officially acknowledged and sponsored representative of a foreign government and is in the United States on an official mission for the purpose of conferring or otherwise cooperating with United States intelligence or security personnel;

(i) who is a civilian or one of the military personnel of a foreign armed service coming to the United States pursuant to arrangements made under a mutual defense treaty or agreement, or who has been invited to the United States at the request of an agency of the United States Government; or

(j) who is a person designated by a foreign government to serve as its representative in or to an international organization in which the United States participates or is an officer or employee of such an organization or who is a member of the immediate family of, and resides with, such a representative, officer, or employee. (Aug. 1, 1956, ch. 849, § 3, 70 Stat. 899.)

§ 853. Retention of registration statements; public examination; withdrawal.

The Attorney General shall retain in permanent form one copy of all registration statements filed under this subchapter. They shall be public records and open to public examination at such reasonable hours and under such regulations as the Attorney General prescribes, except that the Attorney General, having due regard for the national security and public interest, may withdraw any registration statement from public examination. (Aug. 1, 1956, ch. 849, § 4, 70 Stat. 900.)

§ 854. Rules, regulations, and forms.

The Attorney General may at any time, make, prescribe, amend, and rescind such rules, regulations and forms as he deems necessary to carry out the provisions of this subchapter. (Aug. 1, 1956, ch. 849, § 5, 70 Stat. 900.)

§ 855. Violations; penalties; deportation.

(a) Whoever willfully violates any provision of this subchapter or any regulation thereunder, or in any registration statement willfully make a false statement of a material fact or willfully omits any material fact, shall be fined not more than $10,000 or imprisoned for not more than five years, or both.

Period of limitations upon non-capital offenses, see section 3282 of Title 18, Crimes and Criminal Procedure. § 857. Compliance with other registration statutes.

Compliance with the registration provisions of this subchapter does not relieve any person from compliance with any other applicable registration statute. (Aug. 1, 1956, ch. 849, § 8, 70 Stat. 900.)

§ 858. Applicability to Canal Zone.

This subchapter applies to and within the Canal Zone. (Aug. 1, 1956, ch. 849, § 10, as added Oct. 18, 1962, Pub. L. 87-845, § 13, 76A Stat. 700.)

EFFECTIVE DATE

Section effective Jan. 2, 1963, see note set out under section 14 of Title 18, Crimes and Criminal Procedure.

Chapter 24.-NATIONAL DEFENSE FACILITIES §§ 881-887. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section 881, act Sept. 11, 1950, ch. 945, § 2, 64 Stat. 829, stated the purpose of former chapter 24, which provided for national defense facilities, and is now covered by section 2231 of Title 10, Armed Forces.

Section 882, acts Sept. 11, 1950, ch. 945, § 3, 64 Stat. 830; Aug. 9, 1955, ch. 662, § 1 (a), (b), 69 Stat. 593; Aug. 3, 1956, ch. 939, title IV, § 414, 70 Stat. 1018; Aug. 29. 1957, Pub. L. 85-215, § 2, 71 Stat. 490, related to acquisition and construction of defense facilities, and is now covered by See, also, note section 2233 of Title 10, Armed Forces. under section 2233 of Title 10. Acts Aug. 9, 1955, ch. 662, § 1 (a), (b), 69 Stat. 593; Aug. 3, 1956, ch. 939, title IV, § 414, 70 Stat. 1018; Aug. 29, 1957, Pub. L. 85-215, § 2, 71 Stat. 490, were repealed by Pub. L. 85-861, § 36A, Sept. 2, 1958, 72 Stat. 1569, 1570.

Section 883, acts Sept. 11, 1950, ch. 945, § 4, 64 Stat. 830; Aug. 9, 1955, ch. 662, § 1 (c)-(e), 69 Stat. 593, related to location of facilities, change of location of units, title and maintenance of facilities, and to use of Federal and State facilities, and is now covered by sections 2233, 2236 and 2238 of Title 10, Armed Forces. Act Aug. 9, 1955, ch. 662, § 1 (c)-(e), 69 Stat. 593, was repealed by Pub. L. 85-861, § 36A, Sept. 2, 1958, 72 Stat. 1569.

Section 884, act Sept. 11, 1950, ch. 945, § 5, 64 Stat. 831, authorized the Secretary of Defense to delegate his authority under former chapter 24, and is now covered by section 2233 of Title 10, Armed Forces.

Section 885, acts Sept. 11, 1950, ch. 945, § 6, 64 Stat. 831; Aug. 9, 1955, ch. 662, § 1(f), 69 Stat. 594, related to supervision of construction, expansion, rehabilitation or conversion of facilities, and is now covered by section 2237 of Title 10, Armed Forces. Act Aug. 9, 1955, ch. 662, § 1(f), 69 Stat. 594, was repealed by Pub. L. 85-861, § 36A, Sept. 2, 1958, 72 Stat. 1569.

Section 886, acts Sept. 11, 1950, ch. 945, 7, 64 Stat. 831; Aug. 9, 1955, ch. 662, § 1 (g), (h), 69 Stat. 594, defined terms used in former sections 881-887 of this title, and is now covered by section 2232 of Title 10, Armed Forces. Act Aug. 9, 1955, ch. 662, § 1 (g), (h), 69 Stat.

SUBCHAPTER I.-GENERAL PROVISIONS

§§ 901-905. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section 901, act July 9, 1952, ch. 608, Pt. I, § 101, 66 Stat. 481, defined terms used in this chapter, and is now covered by sections 101 and 276 of Title 10, Armed Forces. Sections 902-905, act July 9, 1952, ch. 608, Pt. VIII, §§ 809-812, 66 Stat. 509, related to savings provisions for laws relating to appointment in reserve components, accrued rights, authority to order reservists to active duty,

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United States Code, Volume 11