50 U.S.C. § 843 — Application of Internal Security Act of 1950

Page 94 TITLE 50—WAR AND NATIONAL DEFENSE § 835 § 835. Nonapplicability of administrative proce- dure provisions Subchapter II of chapter 5, and chapter 7, of title 5, shall not apply to the use or exercise of any authority granted by this subchapter. (Sept. 23, 1950, ch. 1024, title III, § 305, as added Pub. L. 88–290, Mar. 26, 1964, 78 Stat. 170.) Editorial Notes CODIFICATION ‘‘Subchapter II of chapter 5, and chapter 7, of title 5’’ substituted in text for ‘‘the Administrative Procedure Act, as amended’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which en- acted Title 5, Government Organization and Employ- ees. SUBCHAPTER IV—COMMUNIST CONTROL § 841. Findings and declarations of fact The Congress finds and declares that the Com- munist Party of the United States, although purportedly a political party, is in fact an in- strumentality of a conspiracy to overthrow the Government of the United States. It constitutes an authoritarian dictatorship within a republic, demanding for itself the rights and privileges ac- corded to political parties, but denying to all others the liberties guaranteed by the Constitu- tion. Unlike political parties, which evolve their policies and programs through public means, by the reconciliation of a wide variety of individual views, and submit those policies and programs to the electorate at large for approval or dis- approval, the policies and programs of the Com- munist Party are secretly prescribed for it by the foreign leaders of the world Communist movement. Its members have no part in deter- mining its goals, and are not permitted to voice dissent to party objectives. Unlike members of political parties, members of the Communist Party are recruited for indoctrination with re- spect to its objectives and methods, and are or- ganized, instructed, and disciplined to carry into action slavishly the assignments given them by their hierarchical chieftains. Unlike political parties, the Communist Party acknowledges no constitutional or statutory limitations upon its conduct or upon that of its members. The Com- munist Party is relatively small numerically, and gives scant indication of capacity ever to attain its ends by lawful political means. The peril inherent in its operation arises not from its numbers, but from its failure to acknowledge any limitation as to the nature of its activities, and its dedication to the proposition that the present constitutional Government of the United States ultimately must be brought to ruin by any available means, including resort to force and violence. Holding that doctrine, its role as the agency of a hostile foreign power ren- ders its existence a clear present and continuing danger to the security of the United States. It is the means whereby individuals are seduced into the service of the world Communist movement, trained to do its bidding, and directed and con- trolled in the conspiratorial performance of their revolutionary services. Therefore, the Communist Party should be outlawed. (Aug. 24, 1954, ch. 886, § 2, 68 Stat. 775.) Editorial Notes CODIFICATION Section was enacted as part of the Communist Con- trol Act of 1954, and not as part of the Internal Security Act of 1950 which comprises subchapters I to III of this chapter. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of this subchapter as the ‘‘Communist Control Act of 1954’’, see section 1 of act Aug. 24, 1954, set out as a note under section 781 of this title. SEPARABILITY Act Aug. 24, 1954, ch. 886, § 12, 68 Stat. 780, provided: ‘‘If any provision of this title [see Short Title note above] or the application thereof to any person or cir- cumstances is held invalid, the remainder of the title and the application of such provisions to other persons or circumstances, shall not be affected thereby.’’ The use of the word ‘‘Act’’, in place of the word ‘‘title’’ as used in section 12 of act of Aug. 24, 1954, quoted above, was probably intended, since that act is not divided into titles. § 842. Proscription of Communist Party, its suc- cessors, and subsidiary organizations The Communist Party of the United States, or any successors of such party regardless of the assumed name, whose object or purpose is to overthrow the Government of the United States, or the government of any State, Territory, Dis- trict, or possession thereof, or the government of any political subdivision therein by force and violence, are not entitled to any of the rights, privileges, and immunities attendant upon legal bodies created under the jurisdiction of the laws of the United States or any political subdivision thereof; and whatever rights, privileges, and im- munities which have heretofore been granted to said party or any subsidiary organization by reason of the laws of the United States or any political subdivision thereof, are terminated: Provided, however, That nothing in this section shall be construed as amending the Internal Se- curity Act of 1950, as amended [50 U.S.C. 781 et seq.] (Aug. 24, 1954, ch. 886, § 3, 68 Stat. 776.) Editorial Notes REFERENCES IN TEXT The Internal Security Act of 1950, as amended, re- ferred to in text, is act Sept. 23, 1950, ch. 1024, 64 Stat. 987, which is classified principally to subchapters I to III of this chapter. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 781 of this title and Tables. CODIFICATION Section was enacted as part of the Communist Con- trol Act of 1954, and not as part of the Internal Security Act of 1950 which comprises subchapters I to III of this chapter. § 843. Application of Internal Security Act of 1950 to members of Communist Party and other subversive organizations; ‘‘Communist Party’’ defined (a) Whoever knowingly and willfully becomes or remains a member of (1) the Communist Page 95 TITLE 50—WAR AND NATIONAL DEFENSE § 851 Party, or (2) any other organization having for one of its purposes or objectives the establish- ment, control, conduct, seizure, or overthrow of the Government of the United States, or the government of any State or political subdivision thereof, by the use of force or violence, with knowledge of the purpose or objective of such organization shall be subject to all the provi- sions and penalties of the Internal Security Act of 1950, as amended [50 U.S.C. 781 et seq.], as a member of a ‘‘Communist-action’’ organization. (b) For the purposes of this section, the term ‘‘Communist Party’’ means the organization now known as the Communist Party of the United States of America, the Communist Party of any State or subdivision thereof, and any unit or subdivision of any such organization, whether or not any change is hereafter made in the name thereof. (Aug. 24, 1954, ch. 886, § 4, 68 Stat. 776.) Editorial Notes REFERENCES IN TEXT The Internal Security Act of 1950, as amended, re- ferred to in subsec. (a), is act Sept. 23, 1950, ch. 1024, 64 Stat. 987, which is classified principally to subchapters I to III of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 781 of this title and Tables. CODIFICATION Section was enacted as part of the Communist Con- trol Act of 1954, and not as part of the Internal Security Act of 1950 which comprises subchapters I to III of this chapter. § 844. Determination by jury of membership in Communist Party, participation, or knowl- edge of purpose In determining membership or participation in the Communist Party or any other organization defined in this Act, or knowledge of the purpose or objective of such party or organization, the jury, under instructions from the court, shall consider evidence, if presented, as to whether the accused person: (1) Has been listed to his knowledge as a member in any book or any of the lists, records, correspondence, or any other docu- ment of the organization; (2) Has made financial contribution to the organization in dues, assessments, loans, or in any other form; (3) Has made himself subject to the dis- cipline of the organization in any form what- soever; (4) Has executed orders, plans, or directives of any kind of the organization; (5) Has acted as an agent, courier, mes- senger, correspondent, organizer, or in any other capacity in behalf of the organization; (6) Has conferred with officers or other mem- bers of the organization in behalf of any plan or enterprise of the organization; (7) Has been accepted to his knowledge as an officer or member of the organization or as one to be called upon for services by other offi- cers or members of the organization; (8) Has written, spoken or in any other way communicated by signal, semaphore, sign, or in any other form of communication orders, directives, or plans of the organization; (9) Has prepared documents, pamphlets, leaf- lets, books, or any other type of publication in behalf of the objectives and purposes of the or- ganization; (10) Has mailed, shipped, circulated, distrib- uted, delivered, or in any other way sent or de- livered to others material or propaganda of any kind in behalf of the organization; (11) Has advised, counseled or in any other way imparted information, suggestions, rec- ommendations to officers or members of the organization or to anyone else in behalf of the objectives of the organization; (12) Has indicated by word, action, conduct, writing or in any other way a willingness to carry out in any manner and to any degree the plans, designs, objectives, or purposes of the organization; (13) Has in any other way participated in the activities, planning, actions, objectives, or purposes of the organization; (14) The enumeration of the above subjects of evidence on membership or participation in the Communist Party or any other organiza- tion as above defined, shall not limit the in- quiry into and consideration of any other sub- ject of evidence on membership and participa- tion as herein stated. (Aug. 24, 1954, ch. 886, § 5, 68 Stat. 776.) Editorial Notes REFERENCES IN TEXT This Act, referred to in the provision preceding par. (1), is act Aug. 24, 1954, ch. 886, 68 Stat. 775, known as the Communist Control Act of 1954, which is classified principally to this subchapter. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 781 of this title and Tables. CODIFICATION Section was enacted as part of the Communist Con- trol Act of 1954, and not as part of the Internal Security Act of 1950 which comprises subchapters I to III of this chapter. SUBCHAPTER V—REGISTRATION OF CER- TAIN PERSONS TRAINED IN FOREIGN ES- PIONAGE SYSTEMS § 851. Registration of certain persons; filing statement; regulations Except as provided in section 852 of this title, every person who has knowledge of, or has re- ceived instruction or assignment in, the espio- nage, counter-espionage, or sabotage service or tactics of a government of a foreign country or of a foreign political party, shall register with the Attorney General by filing with the Attor- ney General a registration statement in dupli- cate, under oath, prepared and filed in such manner and form, and containing such state- ments, information, or documents pertinent to the purposes and objectives of this subchapter as the Attorney General, having due regard for the national security and the public interest, by regulations prescribes. (Aug. 1, 1956, ch. 849, § 2, 70 Stat. 899.)