50 U.S.C. § 797 — Penalty for violation of security regula-

Page 91 TITLE 50—WAR AND NATIONAL DEFENSE § 797 where Attorney General declines or fails to strike 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 registration of members of Com- munist-action organizations with Attorney General and preparation and filing of a registration statement by such individuals. §§ 788 to 795. Repealed. Pub. L. 103–199, title VIII, § 803(1), Dec. 17, 1993, 107 Stat. 2329 Section 788, acts Sept. 23, 1950, ch. 1024, title I, § 9, 64 Stat. 995; Jan. 2, 1968, Pub. L. 90–237, § 6, 81 Stat. 766, re- lated to records of final orders of Subversive Activities Control Board and to public inspection of those records. Section 789, acts Sept. 23, 1950, ch. 1024, title I, § 10, 64 Stat. 996; Aug. 24, 1954, ch. 886, § 8(a), 68 Stat. 778; Jan. 2, 1968, Pub. L. 90–237, § 7, 81 Stat. 766, related to use of mails and instrumentalities of interstate or foreign commerce by Communist organizations. Section 790, acts Sept. 23, 1950, ch. 1024, title I, § 11, 64 Stat. 996; Aug. 24, 1954, ch. 886, § 8(b), 68 Stat. 778; Jan. 2, 1968, Pub. L. 90–237, § 8, 81 Stat. 767; Oct. 22, 1986, Pub. L. 99–514, § 2, 100 Stat. 2095, related to denial of tax de- ductions and exemptions for contributions to Com- munist organizations. Section 791, acts Sept. 23, 1950, ch. 1024, title I, § 12, 64 Stat. 977; July 12, 1952, ch. 697, 66 Stat. 590; Aug. 24, 1954, ch. 886, § 9(a), 68 Stat. 778; Aug. 5, 1955, ch. 580, § 1, 69 Stat. 539; Jan. 2, 1968, Pub. L. 90–237, § 9, 81 Stat. 767, es- tablished the Subversive Activities Control Board and provided for its Chairman, membership, filling of va- cancies, duties, appointment and compensation of per- sonnel, reports to Congress and President, appropria- tions, and termination of the Board on June 30, 1969, unless in the period beginning Jan. 2, 1968 and ending Dec. 31, 1968, a proceeding was instituted. Section 792, acts Sept. 23, 1950, ch. 1024, title I, § 13, 64 Stat. 998; Aug. 24, 1954, ch. 886, § 9(b), 68 Stat. 778; Jan. 2, 1968, Pub. L. 90–237, § 10, 81 Stat. 768; Oct. 15, 1970, Pub. L. 91–452, title II, § 247, 84 Stat. 931, related to Board proceedings with respect to Communist action and Communist front organizations and provided for petition by Attorney General to Board for determina- tion of Communist action or Communist front organi- zations, petition for review, not more than once every calendar year, for redetermination by Board, public hearings, criteria to be considered in making deter- minations, written report of findings to be served on Attorney General, and publication of final orders in the Federal Register. Section 792a, acts Sept. 23, 1950, ch. 1024, title I, § 13A, as added Aug. 24, 1954, ch. 886, § 10, 68 Stat. 778; amended July 26, 1955, ch. 381, 69 Stat. 375; Jan. 2, 1968, Pub. L. 90–237, § 11, 81 Stat. 771; Nov. 8, 1984, Pub. L. 98–620, title IV, § 402(53), 98 Stat. 3361, related to labor organizations determined by Board to be Communist. Section 793, acts Sept. 23, 1950, ch. 1024, title I, § 14, 64 Stat. 1001; Aug. 24, 1954, ch. 886, § 11, 68 Stat. 780; Aug. 28, 1958, Pub. L. 85–791, § 29, 72 Stat. 950; Jan. 2, 1968, Pub. L. 90–237, § 12, 81 Stat. 771, provided for judicial re- view of orders of Board to United States Court of Ap- peals for the District of Columbia if petition was filed within sixty days from date of service of such order and specified time of finality of the Board’s orders. Section 794, acts Sept. 23, 1950, ch. 1024, title I, § 15, 64 Stat. 1002; Jan. 2, 1968, Pub. L. 90–237, § 13, 81 Stat. 771, provided for penalties for violation of former sections 784 and 789 of this title. Section 795, act Sept. 23, 1950, ch. 1024, title I, § 16, 64 Stat. 1003, related to applicability of administrative procedure provisions to Board. § 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 stat- utes. (Sept. 23, 1950, ch. 1024, title I, § 17, 64 Stat. 1003.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title I of act Sept. 23, 1950, ch. 1024, 64 Stat. 987, known as the Subversive Activities Control Act of 1950, which is classified principally to this subchapter. For complete classification of title I of such act to the Code, see Short Title note set out under section 781 of this title and Tables. § 797. Penalty for violation of security regula- tions and orders (a) Misdemeanor violation of defense property security regulations (1) Misdemeanor Whoever willfully violates any defense prop- erty security regulation shall be fined under title 18 or imprisoned not more than one year, or both. (2) Defense property security regulation de- scribed For purposes of paragraph (1), a defense property security regulation is a property se- curity regulation that, pursuant to lawful au- thority— (A) shall be or has been promulgated or ap- proved by the Secretary of Defense (or by a military commander designated by the Sec- retary of Defense or by a military officer, or a civilian officer or employee of the Depart- ment of Defense, holding a senior Depart- ment of Defense director position designated by the Secretary of Defense) for the protec- tion or security of Department of Defense property; or (B) shall be or has been promulgated or ap- proved by the Administrator of the National Aeronautics and Space Administration for the protection or security of NASA property. (3) Property security regulation described For purposes of paragraph (2), a property se- curity regulation, with respect to any prop- erty, is a regulation— (A) relating to fire hazards, fire protec- tion, lighting, machinery, guard service, dis- repair, disuse, or other unsatisfactory condi- tions on such property, or the ingress there- to or egress or removal of persons therefrom; or (B) otherwise providing for safeguarding such property against destruction, loss, or injury by accident or by enemy action, sabo- tage, or other subversive actions. (4) Definitions In this subsection: (A) Department of Defense property The term ‘‘Department of Defense prop- erty’’ means covered property subject to the jurisdiction, administration, or in the cus- tody of the Department of Defense, any De- partment or agency of which that Depart- ment consists, or any officer or employee of that Department or agency. (B) NASA property The term ‘‘NASA property’’ means covered property subject to the jurisdiction, admin- Page 92 TITLE 50—WAR AND NATIONAL DEFENSE § 798 istration, or in the custody of the National Aeronautics and Space Administration or any officer or employee thereof. (C) Covered property The term ‘‘covered property’’ means air- craft, airports, airport facilities, vessels, harbors, ports, piers, water-front facilities, bases, forts, posts, laboratories, stations, ve- hicles, equipment, explosives, or other prop- erty or places. (D) Regulation as including order The term ‘‘regulation’’ includes an order. (b) Posting Any regulation or order covered by subsection (a) shall be posted in conspicuous and appro- priate places. (Sept. 23, 1950, ch. 1024, title I, § 21, 64 Stat. 1005; Pub. L. 109–163, div. A, title X, § 1053, Jan. 6, 2006, 119 Stat. 3435.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–163 amended section generally. Prior to amendment, section related to security regulations and orders and penalties for violations. § 798. Repealed. Pub. L. 103–199, title VIII, § 803(1), Dec. 17, 1993, 107 Stat. 2329 Section, act Sept. 23, 1950, ch. 1024, title I, § 1(b), 64 Stat. 987, provided that the Internal Security Act of 1950 not be construed to authorize, require, or establish military or civilian censorship or in any way to limit or infringe upon freedom of press or of speech as guar- anteed by Constitution. SUBCHAPTER II—EMERGENCY DETENTION OF SUSPECTED SECURITY RISKS §§ 811 to 826. Repealed. Pub. L. 92–128, § 2(a), Sept. 25, 1971, 85 Stat. 348 Section 811, act Sept. 23, 1950, ch. 1024, title II, § 101, 64 Stat. 1019, related to Congressional finding of neces- sity. Section 812, act Sept. 23, 1950, ch. 1024, title II, § 102, 64 Stat. 1021, related to declaration of ‘‘internal secu- rity emergency’’ by the President, events warranting the declaration, and period of existence. Section 813, act Sept. 23, 1950, ch. 1024, title II, § 103, 64 Stat. 1021, related to detention during emergency and to release. Section 814, act Sept. 23, 1950, ch. 1024, title II, § 104, 64 Stat. 1022, related to procedure for apprehension and detention, providing in subsecs. (a) to (h), respectively, for warrants and applications; service of warrants and apprehension, and copies for persons apprehended; places of confinement, provision for transportation, food, shelter, etc., and supervision; preliminary hear- ing, rights of detainee, evidence, orders and reports of hearing officer, and appointment of preliminary hear- ing officers; receipt of additional information upon re- quest of detainee, and revocation or modification of de- tention order; presentation of evidence in case of Board or court review and right to withhold certain informa- tion; regulations by Attorney General and exclusion of forced labor and confinement with criminals; and bi- monthly reports to President and Congress during emergency. Section 815, act Sept. 23, 1950, ch. 1024, title II, § 105, 64 Stat. 1023, related to the Detention Review Board, providing in subsecs. (a) to (d), respectively, for cre- ation of Board, membership, terms, designation of Chairman, and removal; Board divisions, vacancies, powers of remaining members, quorums, official seal, and judicial notice thereof; reports to Congress and its contents; and dissolution upon termination of emer- gency, release of detainees, conclusion of proceedings, and subsequent establishment. Section 816, act Sept. 23, 1950, ch. 1024, title II, § 106, 64 Stat. 1024, related to salaries of Board members, other personnel, use of agencies and services, expenses, and appropriations. Section 817, act Sept. 23, 1950, ch. 1024, title II, § 107, 64 Stat. 1024, specified the District of Columbia as Board headquarters and related to meetings and hear- ings outside the District. Section 818, act Sept. 23, 1950, ch. 1024, title II, § 108, 64 Stat. 1024, related to rules and regulations by the Board and applicability of the Administrative Proce- dure Act. Section 819, act Sept. 23, 1950, ch. 1024, title II, § 109, 64 Stat. 1025, related to powers and duties of Board, pro- viding in subsecs. (a) to (j), respectively, for review of, and action on, orders and claims, and determination of security risks; time for hearing on petition for review, the notice and place; information which may be given to detainee in review cases; subpenas, oaths, affirma- tions, witnesses, evidence, aid of courts, and contempt; service of papers, fees and mileage, and information from other Government agencies; rights of detainee at hearing; consideration of confidential evidence, reduc- tion of evidence to writing, and additional testimony, and argument; evidentiary matters considered in decid- ing questions as to security risks; necessity for reason- able ground for belief, and claims for indemnity and re- ceipt of evidence having probative value. Section 820, acts Sept. 23, 1950, ch. 1024, title II, § 110, 64 Stat. 1027; Aug. 28, 1958, Pub. L. 85–791, § 30(a), 72 Stat. 950, related to orders of Board, providing in sub- secs. (a) to (e), respectively, for revocation of detention order; orders sustaining or denying indemnity claims; dismissal of petition and confirmation of detention order; report and recommended order of hearing exam- iner, and effectiveness after expiration of time period; and modification or setting aside by Board of its own findings or orders prior to court review. Section 821, acts Sept. 23, 1950, ch. 1024, title II, § 111, 64 Stat. 1028; Aug. 28, 1958, Pub. L. 85–791, § 30(b), (c), 72 Stat. 950, 951, related to judicial review, providing in subsecs. (a) to (g), respectively, for rights of petitioner; orders granting indemnity and right of Attorney Gen- eral; courts of appeals, place, petition, time, service, record, statement, powers of court, and conclusiveness of Board’s finding; additional evidence, modification of, or new, findings by Board, recommendations, exclusive- ness of court jurisdiction, finality of judgment, and re- view by Supreme Court; commencement of review pro- ceeding as stay of Board’s order; time of finality of Board’s order; and applicability of Administrative Pro- cedure Act. Section 822, act Sept. 23, 1950, ch. 1024, title II, § 112, 64 Stat. 1029, related to resisting, disregarding, or evad- ing apprehension, escape or attempts at escape, con- spiracy, and to penalties. Section 823, act Sept. 23, 1950, ch. 1024, title II, § 113, 64 Stat. 1030, related to aiding evasion of apprehension or escape, concealment, conspiracy, and to penalties. Section 824, act Sept. 23, 1950, ch. 1024, title II, § 114, 64 Stat. 1030, related to resistance of, or interference with, Board members or agents and to penalties. Section 825, act Sept. 23, 1950, ch. 1024, title II, § 115, 64 Stat. 1030, related to definitions. Section 826, act Sept. 23, 1950, ch. 1024, title II, § 116, 64 Stat. 1030, related to preservation of privilege of ha- beas corpus. SUBCHAPTER III—PERSONNEL SECURITY PROCEDURES IN NATIONAL SECURITY AGENCY § 831. Regulations for employment security Subject to the provisions of this subchapter, the Secretary of Defense (hereafter in this sub-