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(j) Written report of findings; issuance and service of

orders denying determination sought by petition

of organization or individual. If, after hearing upon a petition filed under subsection (b) of this section, the Board determines

(1) that an organization is a Communist-action organization or a Communist-front organization, as the case may be, it shall make a report in writing in which it shall state its findings as to the facts and shall issue and cause to be served on such organization an order denying its petition for a determination that the organization no longer is a Communist-action organization or a Communist-front organization as the case may be; or

(2) that an individual is a member of a Communist-action organization, it shall make a report in writing in which it shall state its findings as to the facts and shall issue and cause to be served upon such individual an order denying his petition for a determination that the individual no longer

is a member of a Communist-action organization. (k) Publication in Federal Register of fact of finality

of order; publication as notice. When any order of the Board issued under subsection (g), (h), (i), or (j) of this section becomes final under the provisions of section 793(b) of this title, the Board shall publish in the Federal Register the fact that such order has become final, and publication thereof shall constitute notice to all persons that such order has become final. (Sept. 23, 1950, ch. 1024, title I, § 13, 64 Stat. 998; Aug. 24, 1954, ch. 686, $ 9(b), 68 Stat. 778; Jan. 2, 1968, Pub. L. 90–237, 8 10 (b)-(f), 81 Stat. 768, 769; Oct. 15, 1970, Pub. L. 91452, title II, § 247, 84 Stat. 931.)

AMENDMENTS 1970_Subsec. (c). Pub. L. 91-452 struck out the provisions which related to the immunity from prosecution of any natural person compelled, as provided for in this subsection, to testify or produce evidence before the Board in obedience to a subpoena issued by it where such testimony or evidence involves self-incrimination.

1968—Subsec. (a). Pub. L. 90-237, § 10(b), substituted provisions providing for the filing, verification and contents of a petition by the Attorney General for a determination that an organization is a Communist-action or Communist-front organization or that an individual is a member of a Communist-action organization, the joinder of two or more individual members of a Communist-action organization in one petition, and the effect of the dissolution of an organization subsequent to the filing of a petition for provisions which provided for the filing, verification and contents of a petition by the Attorney General for an order requiring an organization or individual to register.

Subsec. (b). Pub. L. 90–237, § 10(b), substituted provisions providing for the filing, verification, contents and notice of hearing upon a petition by an organization or individual for a determination that such organization no longer is a communist-action or Communist-front organization or that such individual no longer is a member of & Communist-action organization for provisions which authorized an application to the Attorney General for the cancellation of registration and an appeal to the Board after the denial of such an application by the Attorney General.

Subsec. (c). Pub. L. 90–237, § 10(c), added the sentence compelling a person to give testimony or produce evidence before the Board in obedience to a subpoena when such testimony or evidence is necessary to accomplish the purposes of this subchapter but giving a natural person immunity from prosecution for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence.

Subsec. (d) (2). Pub. L. 90-237, § 10(d), substituted provisions requiring the Board to receive evidence, make & determination of the issues, and enter such order as shall be just and appropriate where an organization or individual declines or fails to appear at a hearing under subsec. (a) of this section and authorizing the Board to dismiss a petition when an organization or individual falls to appear at a hearing under subsec. (b) of this section for provisions which authorized the Board, without further proceedings and without the introduction of any evidence, to enter an order requiring an organization or individual to register or denying the application of such organization or individual where such organization or Individual declines or fails to appear at a hearing under this section and to exclude a party or counsel from further participation in a hearing when such party or counsel is guilty of misbehavior which obstructs the hearing.

Subsec. (d) (3). Pub. L. 90-237, $ 10(d), added par. (3). Subsec. (d) (4). Pub. L. 90–237, § 10(d), added par. (4).

Subsec. (f)(1). Pub. L. 90–237, § 10(e), inserted "or members" following "representatives”.

Subsec. (g) (1). Pub. L. 90–237, § 10(f), substituted order determining the organization to be a Communistaction organization or a Communist-front organization as the case may be" for "order requiring such organization to register as such under section 786 of this title".

Subsec. (8) (2). Pub. L. 90–237, § 10(1), deleted “(including an organization required by final order of the Board to register under section 786(a) of this title)" following "Communist-action organization" and substituted “order determining such individual to be a member of a Communist-action organization" for "order requiring him to register as such under section 787 of this title".

Subsec. (h) (1). Pub. L. 90–237, § 10(1), substituted "order denying the determination sought by his petition" for "order denying his petition for an order requiring such organization to register as such under section 786 of this title"

Subsec. (h) (2). Pub. L. 90-237, $ 10(f), substituted "order denying the determination sought by his petition" for "order denying his petition for an order requiring such Individual to register as such member under section 787 of this title".

Subsec. (1) (1). Pub. L. 90–237, § 10(f), substituted provisions requiring the Board, after determining that an organization no longer is a Communist-action or Communist-front organization, to make a written report of its findings of facts and to issue and cause to be served upon the Attorney General and such organization an order determining that the organization no longer is a Communist-action or Communist-front organization for provisions which required the Board, after determining that an organization is not a Communist-action or Communist-front organization, to make a written report of its findings of facts, to issue and cause to be served upon the Attorney General an order requiring him to cancel the registration of such organization and relieve it from the requirement of further annual reports, and to send a copy of such order to such organization.

Subsec. (1) (2). Pub. L. 90-237, § 10(f), substituted provisions requiring the Board, after determining that an individual no longer is a member of any Communistaction organization, to make a written report of its findIngs of fact and to issue and cause to be served upon the Attorney General and such individual an order determinIng that such individual no longer is a member of a Communist-action organization for provisions which required the Board, after determining that an individual is not a member of any Communist-action organization, or (in the case of an individual listed as an officer of a Communist-front organization) that an individual is not an officer of a Communist-front organization, to make a written report of its findings of facts, to issue and cause to be served upon the Attorney General an order requiring him to (A) strike the name of such individual from the registration statement or annual report upon which it appears or (B) cancel the registration of such individual under section 787 of this title, and to send a copy of such order to such individual.

Subsec. (1) (1). Pub. L. 90-237, $ 10(f), substituted "petition for a determination that the organization no longer is a Communist-action organization or a Communist-front organization as the case may be" for "petition

proceed in accordance with the provisions of the Subversive Activities Control Act of 1950 (this subchapter), as amended by this Act."

CROSS REFERENCES Immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure.

Publication in Federal Register as presumption of validity, see section 1507 of Title 44, Public Printing and Documents.

Willfully resisting, preventing, impeding or interfering with Board member or agent in performance of his duties, penalty for, see section 824 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 782, 788, 791, 792a, 793 of this title; title 8 section 1427.

for the cancellation of its registration and for relief from the requirement of further annual reports”.

Subsec. (1) (2). Pub. L. 90–237, $ 10(1), substituted provisions requiring the Board, after determining that an individual is a member of a Communist-action organization, to make a written report of its findings of facts and to issue and cause to be served upon such individual an order denying his petition for a determination that the individual no longer is a member of a Communist-action organization for provisions which required the Board, after determining that an individual is a member of a Communist-action organization, or (in the case of an individual listed as an officer of a Communist-front organization) that an individual is an officer of a Communistfront organization, to make a written report of its findings of facts and to issue and cause to be served on such individual an order denying his petition for an order requiring the Attorney General (A) to strike his name from any registration statement or annual report on which it appears or (B) to cancel the registration of such individual under section 787 of this title.

Subsec. (k). Pub. L. 90–237, § 10(f), substituted "issued under subsection (g). (h), (1), or (1) of this section for "requiring registration of a Communist organization" and “persons" for "members of such organization".

1954-Catchline to section 13 of act Sept. 23, 1950, which is classified to this section, amended by act Aug. 24, 1954, which substituted "Registration proceedings before the Board” for “proceedings before Board".

EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-452 effective on the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as a note under section 6001 of Title 18, Crimes and Criminal Procedure.

SAVINGS PROVISION Amendment by Pub. L. 91-452 not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as a note under section 6001 of Title 18, Crimes and Criminal Procedure.

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. PROCEEDINGS REGARDING COMMUNIST-INFILTRATED

ORGANIZATIONS Application of subsecs. (c) and (d) of this section to hearings held by Subversive Activities Control Board to determine whether an organization is Communist-infiltrated, see section 792a (d) of this title.

8 792a. Board proceedings with respect to Communist

infiltrated organizations. (a) Petition by Attorney General for determination;

joint respondents; dissolution of organization sub

sequent to filing; expedition of proceedings. Whenever the Attorney General has reason to believe that any organization is a Communist-infiltrated organization, he may file with the Board and serve upon such organization a petition for a determination that such organization is a Communist-infiltrated organization. In any proceeding so instituted, two or more affiliated organizations may be named as joint respondents. A dissolution of such organization subsequent to the date of the filing of any petition for a determination that it is Communist-infiltrated, shall not moot or abate the proceedings, but the Board shall receive evidence and proceed to a determination of the issues: Provided, however, That if the Board shall determine such organization to be a Communist-infiltrated organization as of the time of the filing of such petition and prior to its alleged dissolution, and shall find that a dissolution of the organization has in fact occurred, the Board shall enter an order determining such organization to be a Communistinfiltrated organization and the Board shall include it as such in the appropriate records maintained pursuant to section 788 of this title, together with a notation of its dissolution. Whenever any such petition is accompanied by a certificate of the Attorney General to the effect that the proceeding so instituted is one of exceptional public importance, such proceeding shall be set for hearing at the earliest possible time and all proceedings therein before the Board or any court shall be expedited to the greatest practicable extent. (b) Petition by organization affected after determina.

tion in the affirmative. Any organization which has been determined under this section to be a Communist-infiltrated organization may, within six months after such determination, file with the Board and serve upon the Attorney General a petition for a determination that such organization no longer is a Communistinfiltrated organization. (c) Verification of petitions; notice of hearing; mini

mum time period before hearing. Each such petition shall be verified under oath, and shall contain a statement of the facts relied upon in support thereof. Upon the filing of any such petition, the Board shall serve upon each party to such proceeding a notice specifying the time and place for hearing upon such petition. No such

PROCEEDINGS COMPLETED OR PENDING BEFORE BOARD ON OR

BEFORE JAN. 2, 1968 Section 14 of Pub. L. 90–237 provided that:

"(a) In the case of any organization which, by pro edings under section 13(a) of the Subversive Activities Control Act of 1950 (subsec. (a) of this section) completed before the date of enactment of this Act (Jan. 2, 1968), has been finally determined by the Subversive Activities Control Board to be a Communist-action organization or & Communist-front organization and has been ordered to register as a result of such determination, the Board shall forthwith modify its previously issued registration order as may be necessary to conform such order to the provisions of section 13(g) of the Subversive Activities Control Act of 1950 (subsec. (g) of this section), as amended by this Act, and shall forthwith include such organization on the record required to be maintained under section 9 of the Subversive Activities Control Act of 1950 (section 788 of this title), as amended by this Act. Nothing in this subsection shall be construed so as to prevent any such organization from filing a petition as provided in subsection (b) of section 13 of the Subversive Activities Control Act of 1950 (subsec. (b) of this section), as amended by this Act.

"(b) In the case of any proceeding pending before the Board on the date of enactment of this Act (Jan. 2, 1968). the Board and the Attorney General are authorized to

hearing shall be conducted within twenty days after the service of such notice. (d) Applicability of section 792 (c), (d).

The provisions of subsections (c) and (d) of section 792 of this title shall apply to hearings conducted under this section. (e) Evidence considered in making determination.

In determining whether any organization is a Communist-infiltrated organization, the Board shall consider

(1) to what extent, if any, the effective management of the affairs of such organization is conducted by one or more individuals who are, or within three years have been, (A) members, agents, or representatives of any Communist organization, and Communist foreign government, or the World Communist movement referred to in section 781 of this title, with knowledge of the nature and purpose thereof, or (B) engaged in giving aid or support to any such organization, government, or movement with knowledge of the nature and purpose thereof;

(2) to what extent, if any, the policies of such organization are, or within three years have been, formulated and carried out pursuant to the direction or advice of any member, agent, or representative of any such organization, government, or movement;

(3) to what extent, if any, the personnel and resources of such organization are, or within three years have been, used to further or promote the objectives of any such Communist organization, government, or movement;

(4) to what extent, if any, such organization within three years has received from, or furnished to or for the use of, any such Communist organization, government, or movement any funds or other material assistance;

(5) to what extent, if any, such organization is, or within three years has been, affiliated in any way with any such Communist organization, government, or movement;

(6) to what extent, if any, the affiliation of such organization, or of any individual or individuals who are members thereof or who manage its affairs, with any such Communist organization, government, or movement is concealed from or is not disclosed to the membership of such organization; and

(7) to what extent, if any, such organization or any of its members or managers are, or within three years have been, knowingly engaged

(A) in any conduct punishable under section 783 or 794 of this title or under chapter 37, 105, or 115 of Title 18; or

(B) with intent to impair the military strength of the United States or its industrial capacity to furnish logistical or other support required by its armed forces, in any activity resulting in or contributing to any such

impairment. (1) Written report of findings; grant or denial, serv

ice, and finality, of order. After hearing upon any petition filed under this section, the Board shall (1) make a report in writing

47-300 0-71-Vol. 11_s

in which it shall state its findings as to the facts and its conclusions with respect to the issues presented by such petition, (2) enter its order granting or denying the determination sought by such petition, and (3) serve upon each party to the proceeding a copy of such order. Any order granting any determination on the question whether any organization is a Communist-infiltrated organization shall become final as provided in section 793 (b) of this title. (g) Orders regarding labor organizations or employers

which are organizations within meaning of section 782; service upon National Labor Relations Board;

publication in Federal Register. When any order has been entered by the Board under this section with respect to any labor organization or employer (as these terms are defined by section 152 of Title 29, and which are organizations within the meaning of section 782 of this title, the Board shall serve a true and correct copy of such order upon the National Labor Relations Board and shall publish in the Federal Register a statement of the substance of such order and its effective date. (h) Effect on labor organization of order making de

termination in affirmative. When there is in effect a final order of the Board determining that any such labor organization is a Communist-action organization, a Communist-front organization, or a Communist-infiltrated organization, such labor organization shall be ineligible to

(1) act as representative of any employee within the meaning or for the purposes of section 157 of Title 29;

(2) serve as an exclusive representative of employees of any bargaining unit under section 159 of Title 29;

(3) make, or obtain any hearing upon, any charge under section 160 of Title 29; or

(4) exercise any other right or privilege, or receive any other benefit, substantive or procedural, provided by the National Labor Relations Act,

as amended, for labor organizations. (i) Labor organization certified under National Labor

Relations Act; question raised by final order in

affirmative; procedure. When an order of the Board determining that any such labor organization is a Communist-infiltrated organization has become final, and such labor organization theretofore has been certified under the National Labor Relations Act, as amended, as a representative of employees in any bargaining unit

(1) a question of representation affecting commerce, within the meaning of section 159(C) of Title 29, shall be deemed to exist with respect to such bargaining unit; and

(2) the National Labor Relations Board, upon petition of not less than 20 per centum of the employees in such bargaining unit or any person or persons acting in their behalf, shall under section 159 of Title 29 (notwithstanding any limitation of time contained therein) direct elections in such bargaining unit or any subdivision thereof (A) for the selection of a representative thereof for collective bargaining purposes, and (B) to determine whether the employees thereof desire to rescind any authority previously granted to such labor organization to enter into any agreement with their employer pursuant to section

158(a) (3) (ii) of Title 29. (j) Effect on employer of order making determination

in affirmative. When there is in effect a final order of the Board determining that any such employer is a Communist-infiltrated organization, such employer shall be ineligible to

(1) file any petition for an election under section 159 of Title 29, or participate in any proceeding under such section; or

(2) make or obtain any hearing upon any charge under section 160 of Title 29; or

(3) exercise any other right or privilege or receive any other benefit, substantive or procedural, provided by the National Labor Relations Act,

as amended, for employers. (Sept. 23, 1950, ch. 1024, title I, § 13A, as added Aug. 24, 1954, ch. 886, § 10, 68 Stat. 778, and amended July 26, 1955, ch, 381, 69 Stat. 375; Jan. 2, 1968, Pub. L. 90–237, § 11, 81 Stat. 771.)

REFERENCES IN TEXT The National Labor Relations Act, as amended, referred co in subsecs. (h) (4), (1), and (J) (3), is classified to section 151 et seq. of Title 29, Labor.

CODIFICATION Section was enacted as a part of the Communist Control Act of 1954, and was added as a part of the Internal Security Act of 1950 which comprises this subchapter and subchapter II of this chapter (and provisions in other titles), and of the Subversive Activities Control Act of 1950 which comprises this subchapter.

a

AMENDMENTS

with 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. Upon the filing of such petition the court shall have jurisdiction of the proceeding and shall have power to affirm or set aside the order of the Board; but the court may in its discretion and upon its own motion transfer any action so commenced to the United States Court of Appeals for the circuit wherein the petitioner resides. The findings of the Board as to the facts, if supported by the preponderance of the evidence, shall be conclusive. 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, the court may order such additional evidence to be taken before the Board and to be adduced upon the proceeding in such manner and upon such terms and conditions as to the court may seem proper. The Board may modify its findings as to the facts, by reason of the additional evidence so taken, and it shall file such modified or new findings, which, if supported by the preponderance of the evidence shall be conclusive, and its recommendations, if any, with respect to action in the matter under consideration. If the court shall set aside an order issued under subsection (j) of section 792 of this title, or under subsection (f) of section 792a of this title, it may, in the case of an organization, enter a judgment requiring the Board to issue an order determining that such organization no longer is a Communist-action organization, Communist-front organization, or Communst-infiltrated organization, as the case may be, or in the case of an individual, enter a judgment requiring the Board to issue an order determining that such individual no longer is a member of a Communist-action organization. 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 iew 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,

1968—Subsec. (a). Pub. L. 90-237, § 11(1), added the sentence relating to the effect on the proceedings of the dissolution of an organization subsequent the date of the filing of any petition.

Subsec. (d). Pub. L. 90-237, 8 11(2), deleted the exception at the end of the subsection which authorized the Board to conduct a hearing in the absence of an organization which failed to appear and to enter such order as the Board shall determine to be warranted by evidence presented at such hearing.

1955–Subsec. (e) (1). Act July 26, 1955, substituted "three years" for "two years".

DUTY OF BOARD Duty of Subversive Activities Control Board, upon application under subsec. (a) or subsec. (b) of this section, to determine whether any organization is a communist-infiltrated organization, see section 791 (e) (3) of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 782, 788, 793 of this title.

$ 793. Judicial review. (a) Courts of Appeals; petition; place; record; trans

fer; conclusiveness of Board's findings; additional evidence; modification by Board; judgment;

finality. The party aggrieved by any order entered by the Board under subsections (g), (h), (i), or (j) of section 792 of this title, or subsection (f) of section 792a of this title, may obtain a review of such order by filing in the United States Court of Appeals for the District of Columbia, within sixty days from the date of service upon it of such order, a written petition praying that the order of the Board be set aside. A copy of such petition shall be forth

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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.)

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REFERENCES IN TEXT The Administrative Procedure Act, referred to in text, is classified to sections 551 et seq. and 701 et seq. of Title 5, Government Organization and Employees.

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, 8 403 (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, $ 70 Stat. 899.

1958, Pub. L. 85–791, $ 29, 72 Stat. 950; Jan. 2, 1968, Pub. L. 90-237, § 12, 81 Stat. 771.)

AMENDMENTS 1968—Subsec. (a). Pub. L. 90–237 substituted in the seventh sentence “judgment requiring the Board to issue an order determining that such organization no longer is a Communist-action organization, Communist-front organization, or a Communist-Infiltrated organization, as the case may be" for "judgment canceling the registration of such organization and relieving it from the requirement of further annual reports" and "Judgment requiring the Board to issue an order determining that such individual no longer is a member of a Communistaction organization" for "judgment requiring the Attorney General (A) to strike the name 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".

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.

$ 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.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 782, 792 of this title; title 8 section 1427.

$ 794. Penalties.

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 section 784 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; Jan. 2, 1968, Pub. L. 90–237, $ 13, 81 Stat. 771.)

$ 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.)

AMENDMENTS 1968-Pub. L. 90-237 deleted the penalties for failure to register or file statements or reports, for making false statements in registration statements or annual reports, and for violations of section 785 of this title.

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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 792a of this title.

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.

$ 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

$ 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

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