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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. (0) 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

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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

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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. (i) 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), (i), and (1) (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.

AMENDMENTS 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, 811(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.

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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 review dismissed by a United States Court of Appeals; or

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

dismissed. (Sept. 23, 1950, ch. 1024, title I, § 14, 64 Stat. 1001; Aug. 24, 1954, ch. 886, § 11, 68 Stat. 780; Aug. 28,

$ 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

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

or

or civilian censorship or in any way to limit or infringe upon freedom of the press or of speech as guaranteed by the Constitution of the United States and no regulation shall be promulgated under said subchapter and sections having that effect. (Sept. 23, 1950, ch. 1024, Title I, § 1 (b), 64 Stat. 787.)

REFERENCES IN TEXT Sections 137 to 137-8, 156, 456, 457 (b), 704, 705, 725, 729 (c), 733, 734 (b) and 735 of Title 8, referred to in the text, were repealed by Act June 27, 1952, ch. 477, title IV, § 403 (a) (13) (16) (39) (42), 66 Stat. 279, 280, and are now covered by subchapters II and III of chapter 12 of Title 8, Aliens and Nationality.

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 was repealed Aug. 1, 1956, c. 849, § 1, 70 Stat. 899.

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

SUBCHAPTER II.-EMERGENCY DETENTION OF

SUSPECTED SECURITY RISKS

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

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

8 811. Congressional finding of necessity.

As a result of evidence adduced before various committees of the Senate and the House of Representatives, the Congress finds that,

(1) There exists a world Communist movement which in its origins, its development, and its present practice, is a world-wide revolutionary movement whose purpose it is, by treachery, deceit, infiltration into other groups (governmental and otherwise), espionage, sabotage, terrorism, and any other means deemed necessary, to establish a Communist totalitarian dictatorship in all the countries of the world through the medium of a world-wide Communist organization.

(2) The establishment of a totalitarian dictatorship in any country results in the suppression of all opposition to the party in power, the complete subordination of the rights of individuals to the state, the denial of fundamental rights and liberties which are characteristic of a representative form of government, such as freedom of speech, of the press, of assembly, and of religious worship, and results in the maintenance of control over the people through fear, terrorism and brutality.

(3) The system of government known as a totalitarian dictatorship is characterized by the existence of a single political party, organized on a dictatorial basis, and by substantial identity between such party and its policies and the government and governmental policies of the country in which it exists.

(4) The direction and control of the world Communist movement is vested in and exercised by the Communist dictatorship of a foreign country.

(5) The Communist dictatorship of such foreign country, in exercising such direction and control and in furthering the purposes of the world Communist movement, establishes causes the establishment of, and utilizes, in various countries, action organizations which are not free and independent organizations, but are sections of a world-wide Communist organization and are controlled, directed, and subject to the discipline of the Communist dictatorship of such foreign country.

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

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

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

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

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

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

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

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

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

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

people of the United States. (Sept. 23, 1950, ch. 1024, title II, § 101, 64 Stat. 1019.)

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

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

SEPARABILITY OF PROVISIONS The first sentence of section 116 of act Sept. 23, 1950, provided: “If any provision of this title (this subchapter), or the application thereof to any person or circumstance, is held invalid, the remaining provisions of this title (this subchapter), or the application of such provision to other persons or circumstances, shall not be affected thereby." $ 812. Declaration of "internal security emergency” by

President; events warranting; period of existence. (a) In the event of any one of the following:

(1) Invasion of the territory of the United States or its possessions,

(2) Declaration of war by Congress, or

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

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

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.

8 813. Detention during emergency; release.

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

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

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

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

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

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

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

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.

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