[PUBLIC LAW 513-81ST CONGRESS]

[CHAPTER 185—2D SESSION]

[S. 277]

AN ACT

To enhance further the security of the United States by preventing disclosures of information concerning the cryptographic systems and the communication intelligence activities of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whoever shall knowingly and willfully communicate, furnish, transmit, or otherwise make available to an unauthorized person, or publish, or use in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information (1) concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or (2) concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign government for cryptographic or communication intelligence purposes; or (3) concerning the communication intel-ligence activities of the United States or any foreign government; or (4) obtained by the processes of communication intelligence from the communications of any foreign government knowing the same to have been obtained by such processes, shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

SEC. 2. (a) The term "classified information" as used herein shall be construed to mean information which, at the time of a violation under this Act, is, for reasons of national security, specifically designated by a United States Government agency for limited or restricted dissemination or distribution.

(b) The terms "code", "cipher", and "cryptographic system" as used herein shall be construed to include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications. (c) The term "foreign government" as used herein shall be construed to include in its meaning any person or persons acting or purporting to act for or on behalf of any faction, party, department, agency, bureau, or military force of or within a foreign country, or for or on behalf of any government or any person or persons purporting to act as a government within a foreign country, whether or not such government is recognized by the United States.

(d) The term "communication intelligence" as used herein shall be construed to mean all procedures and methods used in the interception of communications and the obtaining of information from such communications by other than the intended recipients.

(e) The term "unauthorized person" as used herein shall be construed to mean any person who, or agency which, is not authorized to

receive information of the categories set forth in section 1 of this Act, by the President, or by the head of a department or agency of the United States Government which is expressly designated by the President to engage in communication intelligence activities for the United States.

SEC. 3. Nothing in this Act shall prohibit the furnishing, upon lawful demand, of information to any regularly constituted committee of the Senate or House of Representatives of the United States of America, or joint committee thereof.

Approved May 13, 1950.

(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.

Chapter 175 1st Session

H. R. 3853

AN ACT

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

tion.

62 Stat. 737.

"The provisions of section 794 of this title, as amended and extended fense informaby 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."