(EXTRACT FROM)

[PUBLIC LAW 831-81ST CONGRESS]

[CHAPTER 1024-2D SESSION]

[H. R. 9490]

AN ACT

To protect the United States against certain un-American and subversive activities by requiring registration of Communist organizations, and for other purposes.

AMENDING ACT OF JUNE 8, 1938

SEC. 20. The Act of June 8, 1938 (52 Stat. 631; 22 U. S. C. 611-621), entitled "An Act to require the registration of certain persons employed by agencies to disseminate propaganda in the United States, and for other purposes", as amended, is hereby further amended as follows:

(a) Strike out the word "and" at the end of section 1 (c) (3), insert the word "and" at the end of section 1 (c) (4), and add the following paragraph immediately after section 1 (c) (4):

"(5) any person who has knowledge of or has received instruction or assignment in the espionage, counterespionage, or sabotage service or tactics of a government of a foreign country or of a foreign political party, unless such knowledge, instruction, or assignment has been acquired by reason of civilian, military, or police service with the United States Government, the governments of the several States, their political subdivisions, the District of Columbia, the Territories, the Canal Zone, or the insular possessions, or unless such knowledge has been acquired solely by reason of academic or personal interest not under the supervision of or in preparation for service with the government of a foreign country or a foreign political party or unless, by reason of employment at any time by an agency of the United States Government having responsibilities in the field of intelligence, such person has made full written disclosure of such knowledge or instruction to officials within such agency, such disclosure has been made a matter of record in the files of such agency, and a written determination has been made by the Attorney General or the Director of Central Intelligence that registration would not be in the interest of national security;".

(b) Add the following subsection immediately after section 8 (d): (e) Failure to file any such registration statement or supplements thereto as is required by either section 2 (a) or section 2 (b) shall be considered a continuing offense for as long as such failure exists, notwithstanding any statute of limitation or other statute to the contrary."

SECURITY REGULATIONS AND ORDERS AND PENALTY FOR VIOLATION

THEREOF

SEC. 21. (a) Whoever willfully shall violate any such regulation or order as, pursuant to lawful authority, shall be or has been promul

gated 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.

DEFINITION

SEC. 115. For the purposes of this title, the term "espionage" means any violation of sections 791 through 797 of title 18 of the United States Code, as amended by this Act, and the term "sabotage" means any violation of sections 2151 through 2156 of title 18 of the United States Code, as amended by this Act.

Became Law over Veto on Sept. 23, 1950.

To amend title 18, United States Code, entitled "Crimes and Criminal Procedure", with respect to continuing the effectiveness of certain statutory provisions until six months after the termination of the national emergency proclaimed by the President on December 16, 1950.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 105 Title 18, of title 18, United States Code, is hereby amended by inserting at the U. S. Code, end of the chapter analysis preceding section 2151 of such title the amendments. following new item:

2157. Temporary extension of sections 2153 and 2154.”

SEC. 2. Title 18, United States Code, is hereby amended by inserting in chapter 105 thereof, immediately after section 2156, a new section, to be designated as section 2157, as follows:

"§ 2157. Temporary extension of sections 2153 and 2154

62 Stat. 797.

Sabotage: war material.

62 Stat. 799.

"(a) The provisions of sections 2153 and 2154 of this title, as amended and extended by section 1 (a) (29) of the Emergency Powers Continuation Act (66 Stat. 333), as further amended by Public Law 12, Eighty-third Congress, in addition to coming into full force and 67 Stat. 18. effect in time of war shall remain in full force and effect until six months after the termination of the national emergency proclaimed by the President on December 16, 1950 (Proc. 2912, 3 C. F. R., 1950

Supp., p. 71), or such earlier date as may be prescribed by concurrent 64 Stat. A454. resolution of the Congress, and acts which would give rise to legal consequences and penalties under any of these provisions when performed during a state of war shall give rise to the same legal consequences and penalties when they are performed during the period above provided for.

"(b) Effective in each case for the period above provided for, title

18, United States Code, section 2151, is amended by inserting the 62 Stat. 798. words 'or defense activities' immediately before the period at the end

of the definition of 'war material', and said sections 2153 and 2154 are 62 Stat. 799. amended by inserting the words 'or defense activities' immediately after the words 'carrying on the war' wherever they appear therein."

SEC. 3. Chapter 37 of title 18, United States Code, is hereby 62 Stat. 736. amended by inserting at the end of the chapter analysis preceding section 791 of such title the following new item:

798. Temporary extension of section 794."

SEC. 4. Title 18, United States Code, is hereby amended by insert- 67 Stat. 133. ing in chapter 37 thereof immediately after section 797 a new section, [67 Stat. 134. to be designated as section 798, as follows:

"§ 798. Temporary extension of section 794

Espionage: de

fense informa

tion.

62 Stat. 737.

"The provisions of section 794 of this title, as amended and extended by section 1 (a) (29) of the Emergency Powers Continuation Act (66 Stat. 333), as further amended by Public Law 12, Eighty-third Congress, in addition to coming into full force and effect in time of 67 Stat. 18. war shall remain in full force and effect until six months after the termination of the national emergency proclaimed by the President

on December 16, 1950 (Proc. 2912, 3 Č. F. R., 1950 Supp., p. 71), or 64 Stat. A454. such earlier date as may be prescribed by concurrent resolution of the Congress, and acts which would give rise to legal consequences and penalties under section 794 when performed during a state of war shall give rise to the same legal consequences and penalties when they are performed during the period above provided for."

All 67 Stat. 134.

62 Stat. 807.

SEC. 5. Chapter 115 of title 18, United States Code, is hereby amended by inserting at the end of the chapter analysis preceding section 2391 of such title the following new item:

"2391. Temporary extension of section 2388."

SEC. 6. Title 18, United States Code, is hereby amended by inserting in chapter 115 thereof, immediately after section 2390, a new section, to be designated as section 2391, as follows:

Subversive ac" 2391. Temporary extension of section 2388

tivities:armed

forces.

62 Stat. 811

67 Stat. 18.

"The provisions of section 2388 of this title, as amended and extended by section 1 (a) (29) of the Emergency Powers Continuation Act (66 Stat. 333), as further amended by Public Law 12, Eighty-third Congress, in addition to coming into full force and effect in time of war shall remain in full force and effect until six months after the termination of the national emergency proclaimed by the President on December 16, 1950 (Proc. 2912, 3 Č. F. R., 1950 Supp., 64 Stat. A454. p. 71), or such earlier date as may be prescribed by concurrent resolution of the Congress, and acts which would give rise to legal consequences and penalties under section 2388 when performed during a state of war shall give rise to the same legal consequences and penalties when they are performed during the period above provided for." SEC. 7. Section 1 (a) (29) of the Emergency War Powers Continuation Act (66 Stat. 333), is hereby repealed.

Repeal.

Approved June 30, 1953.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That section 1 of War materials. title VI of the Act of June 15, 1917 (40 Stat. 233), as amended Illegal exporta(U. S. C., 1946 edition, title 22, sec. 401), is further amended to read tion; seizure, as follows:

"(a) Whenever an attempt is made to export or ship from or take out of the United States any arms or munitions of war or other articles in violation of law, or whenever it is known or there shall be probable cause to believe that any arms or munitions of war or other articles are intended to be or are being or have been exported or removed from the United States in violation of law, the Secretary of the Treasury, or any person duly authorized for the purpose by the President, may seize and detain such arms or munitions of war or other articles and may seize and detain any vessel, vehicle, or aircraft containing the same or which has been or is being used in exporting or attempting to export such arms or munitions of war or other articles. All arms or munitions of war and other articles, vessels, vehicles, and aircraft seized pursuant to this subsection shall be forfeited.

"(b) All provisions of law relating to seizure, summary and judicial forfeiture and condemnation for violation of the customs Ĩaws, the disposition of the property forfeited or condemned or the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions hereof. Awards of compensation to informers under this section may be paid only out of funds specifically appropriated therefor.

"(c) Arms and munitions of war forfeited under subsection (b) of this section shall be delivered to the Secretary of Defense for such use or disposition as he may deem in the public interest, or, in the event that the Secretary of Defense refuses to accept such arms and munitions of war, they shall be sold or otherwise disposed of as prescribed under existing law in the case of forfeitures for violation of the customs laws."

etc.
40 Stat. 223.

SEC. 2. Sections 2, 3, 5, and 7 of the Act of June 15, 1917 (ch. 30, Repeals. title VI, 40 Stat. 224-225; U. S. C., 1946 edition, title 22, secs. 402, 403, 405, 407), and section 4 of such Act, as amended by the Act of March 1, 1929 (ch. 420, 45 Stat. 1423; U. S. C., 1946 edition, title 22, sec. 404), are repealed.

Approved August 13, 1953.