tion and control of the world Communist movement.

(10) 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.

(11) 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.

(12) The Communist network in the United States is inspired and controlled in large part by foreign agents who are sent into the United States ostensibly as attachés of foreign legations, affiliates of international organizations, members of trading commissions, and in similar capacities, but who use their diplomatic or semidiplomatic status as a shield behind which to engage in activities prejudicial to the public security.

(13) There are, under our present immigration laws, numerous aliens who have been found to be deportable, many of whom are in the subversive, criminal, or immoral classes who are free to roam the country at will without supervision or control. (14) One device for infiltration by Communists is by procuring naturalization for disloyal aliens who use their citizenship as a badge for admission into the fabric of our society.

(15) The Communist movement in the United States is an organization numbering thousands of adherents, rigidly and ruthlessly disciplined. Awaiting and seeking to advance a moment when the United States may be so far extended by foreign engagements, so far divided in counsel, or so far in industrial or financial straits, that overthrow of the Government of the United States by force and violence may seem possible of achievement, it seeks converts far and wide by an extensive system of schooling and indoctrination. Such preparations by Communist organizations in other countries have aided in supplanting existing governments. The Communist organization in the United States, pursuing its stated objectives, 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 worldwide conspiracy and designed to prevent it from accomplishing its purpose in the United States.

(16) The findings of fact contained in paragraphs (1) through (15) of this section are reiterated. Recent court decisions involving the registration provisions of this subchapter make it necessary to enact legislation to accomplish the

purposes of this subchapter without the requirements of registration. Disclosure of Communist organizations and of the members of Communistaction organizations as provided in this subchapter is essential to the protection of the national welfare.

(Sept. 23, 1950, ch. 1024, title I, § 2, 64 Stat. 987; Jan. 2, 1968, Pub. L. 90-237, § 1, 81 Stat. 765.) AMENDMENTS

1968-Par. (16). Pub. L. 90-237 added par. (16).

SHORT TITLE OF ACT

Congress, in enacting this chapter, the amendments to [former] sections 137 to 137-8, 156, 456, 457, 704, 705, 725, 729, 733, 734, 735 of Title 8 [now covered by subchapters II and III of chapter 12 of Title 8], and to section 793 of Title 18, section 1507 of Title 18, and the amendments to sections 611 and 618 of Title 22, provided by a provision preceding section 1 of act Sept. 23, 1950, that they should be popularly known as the "Internal Security Act of 1950".

SHORT TITLE OF SUBCHAPTER

Congress in enacting this subchapter, and the amendatory provisions cited in "Short Title of Act" note under this section, provided by section 1 (a) of act Sept. 23, 1950 that they should be popularly known as the "Subversive Activities Control Act of 1950".

SEPARABILITY OF PROVISIONS

Section 32 of act Sept. 23, 1950, provided: "If any provision of this title [this subchapter, (former) sections 137 to 137-8, 156, 456, 457 (b), 704, 705, 725, 729 (c), 733, 734 (b) and 735 of Title 8 (now covered by subchapters II and III of chapter 12 of Title 8), sections 793 and 1507 of Title 18, and sections 611 (c) (5) and 618 (e) of Title 22], or the application thereof to any person or circumstances, is held invalid, the remaining provisions of this title [this subchapter and said sections], or the application of such provision to other persons or circumstances, shall not be affected thereby."

EXECUTIVE ORDER NO. 10207

Ex. Ord. No. 10207, Jan. 24, 1951, 16 F. R. 709, establishing the President's Commission on Internal Security and Individual Rights, was revoked by Ex. Ord. No. 10305, Nov. 16, 1951, 16 F. R. 11667.

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.

COMMISSION ON GOVERNMENT SECURITY

Joint resolution Aug. 9, 1955, ch. 664, 69 Stat. 595, as amended by joint resolution July 25, 1956, ch. 715, 70 Stat. 634, provided for the establishment of a Commission on Government Security to study and investigate the entire Government security program, including the various statutes, Presidential orders, and administrative regulations and directives under which the Government protects the national security, nation defense secrets, and public and private defense installations, against loss or injury arising from espionage, disloyalty, subversive activity, sabotage, or unauthorized disclosures, together with the actual manner in which such statutes, Presidential orders, administrative regulations, and directives have been administered and implemented, with a view to determining whether existing requirements, practices, and procedures were in accordance with announced policies and to recommend necessary or desirable charges. The Commission was directed to submit interim reports to the Congress and the President at such time or times as it deemed advisable, and to submit its final report to the Congress and the President not later than June 30, 1957. In its final report, the Commission was authorized to propose such legislative enactments and administrative actions as in its judgment were necessary to carry out its recommendations. The Commission ceased to exist ninety days after submission of its final report.

For the purposes of 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

(1) The term "person" means an individual or an organization.

(2) The term “organization" means an organization, corporation, company, partnership, association, trust, foundation, or fund; and includes a group of persons, whether or not incorporated, permanently or temporarily associated together for joint action on any subject or subjects.

(3) The term "Communist-action organization" means any organization in the United States (other than a diplomatic representative or mission of a foreign government accredited as such by the Department of State) which (i) is substantially directed, dominated, or controlled by the foreign government or foreign organization controlling the world Communist movement referred to in section 781 of this title, and (ii) operates primarily to advance the objectives of such world Communist movement referred to in section 781 of this title.

(4) The term "Communist-front organization" means any organization in the United States (other than a Communist-action organization as defined in paragraph (3) of this section) which (A) is substantially directed, dominated, or controlled by a Communist-action organization, or (B) is substantially directed, dominated, or controlled by one or more members of a Communist-action organization, and (C) is primarily operated for the purpose of giving aid and support to a Communist-action organization, a Communist foreign government, or the world Communist movement referred to in section 781 of this title.

(4A) The term "Communist-infiltrated organization" means any organization in the United States (other than a Communist-action organization or a Communist-front organization) which (A) is substantially directed, dominated, or controlled by an individual or individuals who are, or who within three years have been actively engaged in, giving aid or support to a Communistaction organization, a Communist foreign government, or the world Communist movement, referred to in section 781 of this title, and (B) is serving, or within three years has served, as a means for (i) the giving of aid or support to

any such organization, government, or movement, or (ii) the impairment of the military strength of the United States or its industrial capacity to furnish logistical or other material support required by its Armed Forces: Provided, however, That any labor organization which is an affiliate in good standing of a national federation or other labor organization whose policies and activities have been directed to opposing Communist organizations, any Communist foreign government, or the world Communist movement, shall be presumed prima facie not to be a "Communist-infiltrated organization".

(5) The term "Communist organization" means any Communist-action organization, Communistfront organization, or Communist infiltrated organization.

(6) The term "to contribute funds or services" includes the rendering of any personal service and the making of any gift, subscription, loan, advance, or deposit, of money or of anything of value, and also the making of any contract, promise, or agreement to contribute funds or services, whether or not legally enforcible.

(7) The term "facility" means any plant, factory or other manufacturing, producing or service establishment, airport, airport facility, vessel, pier, water-front facility, mine, railroad, public utility, laboratory, station, or other establishment or facility, or any part, division, or department of any of the foregoing. The term "defense facility" means any facility designated by the Secretary of Defense pursuant to section 784 (b) of this title and which is in compliance with the provisions of such subsection respecting the posting of notice of such designation.

(8) The term "publication" means any circular, newspaper, periodical, pamphlet, book, letter, post card, leaflet, or other publication.

(9) The term "United States", when used in a geographical sense, includes the several States, Territories, and possessions of the United States, the District of Columbia, and the Canal Zone.

(10) The term "interstate or foreign commerce" means trade, traffic, commerce, transportation, or communication (A) between any State, Territory, or possession of the United States (including the Canal Zone), or the District of Columbia, and any place outside thereof, or (B) within any Territory or possession of the United States (including the Canal Zone), or within the District of Columbia.

(11) The term "Board" means the Subversive Activities Control Board created by section 791 of this title.

(12) The term "final order of the Board" means an order issued by the Board under section 792 or 792a of this title, which has become final as provided in section 793 of this title.

(13) The term "advocates" includes advises, recommends, furthers by overt act, and admits belief in; and the giving, loaning, or promising of support or of money or anything of value to be used for advocating any doctrine shall be deemed to constitute the advocating of such doctrine.

(14) The term "world communism" means a revolutionary movement, the purpose of which is to establish eventually a Communist totalitarian

dictatorship in any or all the countries of the world through the medium of an internationally coordinated Communist movement.

(15) The terms "totalitarian dictatorship" and "totalitarianism" mean and refer to systems of government not representative in fact, characterized by (A) the existence of a single political party, organized on a dictatorial basis, with so close an identity between such party and its policies and the governmental policies of the country in which it exists, that the party and the government constitute an indistinguishable unit, and (B) the forcible suppression of opposition to such party.

(16) The term "doctrine" includes, but is not limited to, policies, practices, purposes, aims, or procedures.

(17) The giving, loaning, or promising of support or of money or any other thing of value for any purpose to any organization shall be conclusively presumed to constitute affiliation therewith; but nothing in this paragraph shall be construed as an exclusive definition of affiliation.

(18) "Advocating the economic, international, and governmental doctrines of world communism" means advocating the establishment of a totalitarian Communist dictatorship in any or all of the countries of the world through the medium of an internationally coordinated Communist movement.

(19) "Advocating the economic and governmental doctrines of any other form of totalitarianism" means advocating the establishment of totalitarianism (other than world communism) and includes, but is not limited to, advocating the economic and governmental doctrines of fascism and nazism.

(Sept. 23, 1950, ch. 1024, title I, § 3, 64 Stat. 989; Aug. 24, 1954, ch. 886, § 7 (a), (b), 68 Stat. 777; May 31, 1962, Pub. L. 87-474, § 1(a), 76 Stat. 91; Jan. 2, 1968, Pub. L. 90-237, § 2(a), (b), 81 Stat. 765.)

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 opening paragraph, were repealed by act June 27, 1952, ch. 477, title IV, § 403 (a) (13) (16) (39) (42), 66 Stat. 278, 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, ch. 849, § 1, 70 Stat. 899.

AMENDMENTS

1968-Par. (3). Pub. L. 90-237, § 2(a), eliminated provisions which included sections, branches, fractions, or cells of Communist-action organizations which have not complied with the registration requirements of this subchapter in the definition of "Communist-action organization".

Par. (4). Pub. L. 90-237, § 2(a), included organizations substantially directed, dominated, or controlled by one or more members of a Communist-action organization in the definition of "Communist-front organization."

Par. (12). Pub. L. 90-237, § 2(b), inserted the reference to section 792a of this title.

1962-Par. (7). Pub. L. 87-474 eliminated the requirement to proclaim the designated facility, and to include it on the list published and currently in effect under section 784 (b) of this title.

1954 Par. (4A). Act Aug. 24, 1954, § 7(a) inserted par. (4A) defining "Communist-infiltrated organization." Par. (5). Act Aug. 24, 1954, § 7(b), extended the definition of "Communist organization" so that it would also cover any Communist-infiltrated organization.

APPLICATION TO COMMUNIST PARTY MEMBERS Members of the Communist Party and other subversive organizations as subject to this section, as being members of "Communist-action" organizations defined in this section, see section 843 of this title, and References in Text note under that section.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 783, 784, 785, 789, 791, 792a of this title; title 20 section 581; title 42 section 1874.

§ 783. Offenses.

(a) Conspiracy or attempt to establish totalitarian dictatorship.

It shall be unlawful for any person knowingly to combine, conspire, or agree with any other person to perform any act which would substantially contribute to the establishment within the United States of a totalitarian dictatorship, as defined in paragraph (15) of section 782 of this title, the direction and control of which is to be vested in, or exercised by or under the domination or control of, any foreign government, foreign organization, or foreign individual: Provided, however, That this subsection shall not apply to the proposal of a constitutional amendment.

(b) Communication of classified information by Government officer or employee.

It shall be unlawful for any officer or employee of the United States or of any department or agency thereof, or of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, to communicate in any manner or by any means, to any other person whom such officer or employee knows or has reason to believe to be an agent or representative of any foreign government or an officer or member of any Communist organization as defined in paragraph (5) of section 782 of this title, any information of a kind which shall have been classified by the President (or by the head of any such department, agency, or corporation with the approval of the President) as affecting the security of the United States, knowing or having reason to know that such information has been so classified, unless such officer or employee shall have been specifically authorized by the President, or by the head of the department, agency, or corporation by which this officer or employee is employed, to make such disclosure of such information.

(c) Receipt of, or attempt to receive, by foreign agent or member of Communist organization, classified information.

It shall be unlawful for any agent or representative of any foreign government, or any officer or member of any Communist organization as defined in paragraph (5) of section 782 of this title, knowingly to obtain or receive, or attempt to obtain or receive, directly or indirectly, from any officer or employee of the United States or of any department or agency thereof or of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, any information of a kind which shall have been classified by the President (or by the head of any such department, agency, or corporation with the approval of

the President) as affecting the security of the United States, unless special authorization for such communication shall first have been obtained from the head of the department, agency, or corporation having custody of or control over such information. (d) Penalties for violation.

Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine of not more than $10,000, or imprisonment for not more than ten years, or by both such fine and such imprisonment, and shall, moreover, be thereafter ineligible to hold any office, or place of honor, profit, or trust created by the Constitution or laws of the United States.

(e) Limitation period.

Any person may be prosecuted, tried, and punished for any violation of this section at any time within ten years after the commission of such offense, notwithstanding the provisions of any other statute of limitations: Provided, That if at the time of the commission of the offense such person is an officer or employee of the United States or of any department or agency thereof, or of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, such person may be prosecuted, tried, and punished for any violation of this section at any time within ten years after such person has ceased to be employed as such officer or employee.

(f) Membership as not violation per se.

Neither the holding of office nor membership in any Communist organization by any person shall constitute per se a violation of subsection (a) or subsection (c) of this section or of any other criminal statute. (Sept. 23, 1950, ch. 1024, title I, § 4, 64 Stat. 991; Jan. 2, 1968, Pub. L. 90-237, § 3, 81 Stat. 765.)

AMENDMENTS

1968 Subsec. (f). Pub. L. 90-237 deleted the prohibition against receiving the fact of the registration of any person under section 787 or 788 of this title as an officer or member of any Communist organization in evidence against such person in any prosecution for any alleged violation of subsection (a) or (c) of this section or for any alleged violation of any other criminal statute.

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

Classified information, penalty for disclosure, see section 798 of Title 18, Crimes and Criminal Procedure. Diplomatic codes and correspondence, disclosure of matters relating thereto, penalty for, see section 952 of Title 18, Crimes and Criminal Procedure.

Federal retirement benefits, forfeiture upon conviction of offense described hereunder, see section 8312 of Title 5, Government Organization 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.

Limitation periods generally, see section 3281 et seq. of Title 18, Crimes and Criminal Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 792a of this title; title 5 section 8312; title 42 section 402.

§ 784. Employment of members of Communist organizations.

(a) Failure to disclose membership; defense facilities; contribution of funds, services or advice by Government personnel.

When there is in effect a final order of the Board determining any organization to be a Communistaction organization or a Communist-front organization, it shall be unlawful—

(1) For any member of such organization, with knowledge or notice of such final order of the Board

(A) in seeking, accepting, or holding any nonelective office or employment under the United States, to conceal or fail to disclose the fact that he is a member of such organization; or

(B) to hold any nonelective office or employment under the United States; or

(C) in seeking, accepting, or holding employment in any defense facility, to conceal or fail to disclose the fact that he is a member of such organization; or

(D) if such organization is a Communistaction organization, to engage in any employment in any defense facility; or

(E) to hold office or employment with any labor organization, as that term is defined in section 152(5) of Title 29, or to represent any employer in any matter or proceeding arising or pending under the National Labor Relations Act, as amended.

(2) For any officer or employee of the United States or of any defense facility, with knowledge or notice of such final order of the Board

(A) to contribute funds or services to such organization; or

(B) to advise, counsel or urge any person, with knowledge or notice that such person is a member of such organization, to perform, or to omit to perform, any act if such act or omission would constitute a violation of any provision of paragraph (1) of this subsection.

(b) Designation of defense facilities by Secretary of Defense; posting by management and sufficiency thereof as notice; employee's statement of knowledge of designation.

The Secretary of Defense is authorized and directed to designate facilities, as defined in paragraph (7) of section 782 of this title, with respect to the operation of which he finds and determines that the security of the United States requires the application of the provisions of subsection (a) of this section. The Secretary shall promptly notify the management of any facility so designated, whereupon such management shall immediately post conspicuously notice of such designation in such form and in such place or places as to give notice thereof to all employees of, and to all applicants for employment in, such facility. posting shall be sufficient to give notice of such designation to any person subject thereto or affected thereby. Upon the request of the Secretary, the management of any facility so designated shall require each employee of the facility, or any part thereof, to sign a statement that he knows that the facility has, for the purposes of this subchapter, been designated by the Secretary under

Such

this subsection. (Sept. 23, 1950,ch. 1024, title I, § 5, 64 Stat. 992; Aug. 24, 1954, ch. 886, §§ 6, 7(c), 68 Stat. 777, 778; May 31, 1962, Pub. L. 87-474, § 1(b), 76 Stat. 91; Jan. 2, 1968, Pub. L. 90-237, § 4, 81 Stat. 765.)

REFERENCES IN TEXT

The National Labor Relations Act, as amended, referred to in subsec. (a)(1) (E), is classified to section 151 et seq. of Title 29, Labor.

AMENDMENTS

1968 Subsec. (a). Pub. L. 90-237 substituted "When there is in effect a final order of the Board determining any organization to be a Communist action organization or a Communist-front organization" for "When a Communist organization, as defined in paragraph (5) of section 782 of this title, is registered or there is in effect a final order of the Board requiring such organization to register" in the opening par., and "with knowledge or notice of such final order of the Board" for "with knowledge or notice that such organization is so registered or that such order has become final" in pars. (1) and (2).

1962-Subsec. (b). Pub. L. 87-474 eliminated provisions which directed the Secretary of Defense to proclaim, and from time to time revise, a list of defense facilities and which required publication of such list in the Federal Register, and inserted provisions making the posting of the list sufficient to give notice of the designation as a defense facility, and requiring the management of any facility so designated, upon the request of the Secretary, to obtain a signed statement from each employee that he knows that the facility has been so designated.

1954 Subsec. (a) (1) (D). Act Aug. 24, 1954, § 6, substituted "; or" for the period at the end thereof. Subsec. (a) (1) (E). Act Aug. 24, 1954, §6. Former subsec. (c), which provided that, as used in this section, the term "member" should not include any individual whose name had not been made public "because of the prohibition contained in section 788 (b) of this title", was repealed by act Aug. 24, 1954, § 7 (c).

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

Penalties for violation of this section, see section 794 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 782, 794 of this title.

§ 785. Denial of passports to members of Communist organizations.

(a) When a Communist organization as defined in paragraph (5) of section 782 of this title is registered, or there is in effect a final order of the Board requiring such organization to register, it shall be unlawful for any member of such organization, with knowledge or notice that such organization is so registered or that such order has become final

(1) to make application for a passport, or the renewal of a passport, to be issued or renewed by or under the authority of the United States; or

(2) to use or attempt to use any such passport. (b) When an organization is registered, or there is in effect a final order of the Board requiring an organization to register, as a Communist-action organization, it shall be unlawful for any officer or employee of the United States to issue a passport to, or renew the passport of, any individual knowing or having reason to believe that such individual is a member of such organization. (Sept. 23, 1950, ch. 1024, title I, § 6, 64 Stat. 993; Aug. 24, 1954, ch. 886, § 7(c), 69 Stat. 778.)

AMENDMENTS

1954 Act Aug. 24, 1954, repealed former subsec. (c) which provided that, as used in this section, the term "member" should not include any individual whose name had not been made public "because of the prohibition contained in section 788(b) 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.

CROSS REFERENCES

Passports, offenses in connection with, see section 1541 et seq. of Title 18, Crimes and Criminal Procedure. Penalties for violation of this section, see section 794 of this title.

Persons entitled to passports, see section 212 of Title 22, Foreign Relations and Intercourse.

§§ 786, 787. Repealed. Pub. L. 90-237, §5, Jan. 2, 1968, 81 Stat. 766.

Section 786, acts Sept. 23, 1950, ch. 1024, title I, § 7, 64 Stat. 993; July 29, 1954, ch. 646, 68 Stat. 586, related to the registration of Communist-action and Communistfront organizations with the Attorney General, the preparation and filing of a registration statement and subsequent annual reports by such organizations, the duty of such organizations to keep certain specified records and accounts, the duty of the Attorney General to notify individuals listed in any registration statement as an officer or member of such organization that such individual is so listed, the investigation and determination of denials of membership and the petition for relief in cases where the Attorney General declines or fails to strike the name of any individual from an annual report or registration statement.

Section 787, act Sept. 23, 1950, ch. 1024, title I, § 8, 64 Stat. 995, related to the registration of members of Communist-action organizations with the Attorney General and the preparation and filing of a registration statement by such individuals.

§ 788. Records of final orders of board; public inspection; reports to President and Congress.

(a) The Board shall keep and maintain records, which shall be open to public inspection, giving the names and addresses of all organizations as to which, and individuals as to whom, there are in effect final orders of the Board issued pursuant to any of the provisions of subsections (g) through (j), inclusive, of section 792 of this title, or subsection (f) of section 792a of this title.

(b) Copies of all public proceedings and hearings before the Board, including the reports and orders of the Board, shall be furnished by the Board to any person upon request and upon the payment of the reasonable costs thereof as then currently fixed by the Board.

(c) The Board shall submit to the President and to the Congress on or before June 1 of each year (and at any other time when requested by either House by resolution) a report giving the names and addresses of all Communist-action, Communistfront, or Communist-infiltrated organizations as to which, and all individual members of Communistaction organizations as to whom, there are in effect such final orders of the Board. (Sept. 23, 1950, ch. 1024, title I, § 9, 64 Stat. 995); Jan. 2, 1968, Pub. L. 90-237, § 6, 81 Stat. 766.)

AMENDMENTS

1968-Pub. L. 90-237 substituted provisions requiring the Board to keep and maintain records giving the names and addresses of all organizations as to which, and individuals as to whom, there are in effect final orders of