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Section 15, act Sept. 22, 1888, ch. 1028, $ 6, 25 Stat. 490, related to purchases and tests.

CHAPTER 3-ALIEN ENEMIES

Sec. 21. 22. 23.

Restraint, regulation, and removal.
Time allowed to settle affairs and depart.
Jurisdiction of United States courts and

judges.
Duties of marshals.

24.

8 21. Restraint, regulation, and removal

Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies. The President is authorized in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which found necessary in the premises and for the public safety. (R.S. $ 4067; Apr. 16, 1918, ch. 55, 40 Stat. 531.)

are

piration of the 2-year period beginning on the date of their establishment, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

8 5. Reports of subordinate bodies and committees;

unvouchered expenditures Reports shall be submitted by all subordinate bodies and by the advisory commission to the council, and from time to time the council shall report to the President or to the heads of executive departments upon special inquiries or subjects appropriate thereto. When deemed proper the President may authorize, in amounts stipulated by him, unvouchered expenditures. (Aug. 29, 1916, ch. 418, § 2, 39 Stat. 650; Aug. 7, 1946, ch. 770, $ 1(53), 60 Stat. 870.)

CODIFICATION Second sentence was from a proviso to the first sentence, which was affected by act Aug. 7, 1946.

AMENDMENTS 1946–Act Aug. 7, 1946, repealed all provisions requiring annual reports to Congress of the Council's activities and expenditures.

TERMINATION OF ADVISORY COMMISSIONS Advisory commissions in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. Advisory Commissions established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

CODIFICATION R.S. $ 4067 derived from act July 6, 1798, ch. 66, § 1, 1 Stat. 577.

AMENDMENTS 1918–Act Apr. 16, 1918, struck out provision restricting this section to males.

8 6. Repealed. Pub. L. 89-554, 8 8(a), Sept. 6, 1966, 80

Stat. 644 Section, act June 5, 1920, ch. 235, 41 Stat. 886, placed a limit on salaries of officers and employees of Council of National Defense.

CHAPTER 2-BOARD OF ORDNANCE AND

FORTIFICATION

WORLD WAR II PROCLAMATIONS The following proclamations under this section were issued during World War II:

Proc. No. 2525, Dec. 7, 1941, 6 F.R. 6321, 55 Stat.

Pt. 2, 1700.
Proc. No. 2526, Dec. 8, 1941, 6 F.R. 6323, 55 Stat.

Pt. 2, 1705.
Proc. No. 2527, Dec. 8, 1941, 6 F.R. 6324, 55 Stat.

Pt. 2, 1707.
Proc. No. 2533, Dec. 29, 1941, 7 F.R. 55, 55 Stat. Pt.

2, 1714.
Proc. No. 2537, Jan. 14, 1942, 7 F.R. 329, 56 Stat.

Pt. 2, 1933, revoked by Proc. No. 2678, Dec. 29,

1945, 11 F.R. 221, 60 Stat. Pt. 2, 1336.
Proc. No. 2563, July 17, 1942, 7 F.R. 5535, 56 Stat.

Pt. 2, 1970.
Proc. No. 2655, July 14, 1945, 10 F.R. 8947, 59 Stat.

Pt. 2, 870.
Proc. No. 2674, Dec. 7, 1945, 10 F.R. 14945, 59 Stat.

Pt. 2, 889.
Proc. No. 2685, Apr. 11, 1946, 11 F.R. 4079, 60 Stat.

Pt. 2, 1342, set out as a note preceding section 1
of Appendix to this title.

88 11 to 15. Repealed. Dec. 16, 1930, ch. 14, § 1, 46

Stat. 1029
Section 11, act Sept. 22, 1888, ch. 1028, § 1, 25 Stat.
489, related to composition and duties of Board of
Ordnance and Fortification.

Section 12, act Feb. 24, 1891, ch. 283, 26 Stat. 769, provided for a civilian member of Board.

Section 13, act Mar. 2, 1901, ch. 803, 31 Stat. 910, provided for additional members of Board.

Section 14, act Feb. 18, 1893, ch. 136, 27 Stat. 461, related to qualifications of Board Members.

8 24. Duties of marshals

WORLD WAR I PROCLAMATIONS Proclamations issued under this chapter during the years 1917 and 1918 will be found in 40 Stat. 1651, 1716, 1730, and 1772.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 22 of this title; sections 9, 34, 1981, 1982 of Appendix to this title; title 5 section 8332.

When an alien enemy is required by the President, or by order of any court, judge, or justice, to depart and to be removed, it shall be the duty of the marshal of the district in which he shall be apprehended to provide therefor and to execute such order in person, or by his deputy or other discreet person to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the President, or of the court, judge, or justice ordering the same, as the case may be. (R.S. $ 4070.)

CODIFICATION

R.S. $ 4070 derived from act July 6, 1798, ch. 66, § 3, 1 Stat. 578.

8 22. Time allowed to settle affairs and depart

When an alien who becomes liable as an enemy, in the manner prescribed in section 21 of this title, is not chargeable with actual hostility, or other crime against the public safety, he shall be allowed, for the recovery, disposal, and removal of his goods and effects, and for his departure, the full time which is or shall be stipulated by any treaty then in force between the United States and the hostile nation or government of which he is a native citizen, denizen, or subject; and where no such treaty exists, or is in force, the President may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality. (R.S. $ 4068.)

CODIFICATION R.S. $ 4068 derived from acts July 6, 1798, ch. 66, § 1, 1 Stat. 577; July 6, 1812, ch. 130, 2 Stat. 781.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9, 34, 1981, 1982 of Appendix to this title; title 5 section 8332.

CHAPTER 4-ESPIONAGE

88 31 to 39. Repealed. June 25, 1948, ch. 645, 821, 62

Stat. 862

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 9, 34, 1981, 1982 of Appendix to this title; title 5 section 8332.

8 23. Jurisdiction of United States courts and judges

After any such proclamation has been made, the several courts of the United States, having criminal jurisdiction, and the several justices and judges of the courts of the United States, are authorized and it shall be their duty, upon complaint against any alien enemy resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President may have established, to cause such alien to be duly apprehended and conveyed before such court, judge, or justice; and after a full examination and hearing on such complaint, and sufficient cause appearing, to order such alien to be removed out of the territory of the United States, or to give sureties for his good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid, and to imprison, or otherwise secure such alien, until the order which may be so made shall be performed. (R.S. $ 4069.)

CODIFICATION R.S. $ 4069 derived from act July 6, 1798, ch. 66, § 2, 1 Stat. 577.

Section 31, acts June 15, 1917, ch. 30, title I, § 1, 40 Stat. 217; Mar. 28, 1940, ch. 72, title I, § 1, 54 Stat. 79, related to unlawful obtaining or permitting to be obtained information affecting national defense. See section 793 of Title 18, Crimes and Criminal Procedure.

Section 32, act June 15, 1917, ch. 30, title I, § 2, 40 Stat. 218, related to unlawful disclosures affecting national defense. See section 794 of Title 18.

Section 33, act June 15, 1917, ch. 30, title I, § 3, 40 Stat. 219, related to seditious or disloyal acts or words in time of war. See section 2388 of Title 18. Section 33 was amended by act May 16, 1918, ch. 75, § 1, 40 Stat. 553, which was repealed and the original section reenacted by act Mar. 3, 1921, ch. 136, 41 Stat. 1359.

Section 34, act June 15, 1917, ch. 30, title I, § 4, 40 Stat. 219, related to conspiracy to violate sections 32 and 33 of this title. See sections 794 and 2388 of Title 18.

Section 35, acts June 15, 1917, ch. 30, title I, § 5, 40 Stat. 219; Mar. 28, 1940, ch. 72, § 2, 54 Stat. 79, related to the harboring or concealing of violators of the law. See sections 792 and 2388 of Title 18.

Section 36, act June 15, 1917, ch. 30, title I, § 6, 40 Stat. 219, related to designation by proclamation of prohibited areas. See section 793 of Title 18.

Section 37, act June 15, 1917, ch. 30, title I, § 8, 40 Stat. 219, related to places subject to provisions of sections 31 to 42 of this title. See section 2388 of Title 18.

Section 38, act June 15, 1917, ch. 30, title I, § 7, 40 Stat. 219, related to jurisdiction of courts-martial and military commissions.

Section 39, act June 15, 1917, ch. 30, title XIII, § 2, 40 Stat. 231; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, related to jurisdiction of Canal Zone courts over offenses on high seas. See section 3241 of Title 18.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 9, 34, 1981, 1982 of Appendix to this title; title 5 section 8332.

EFFECTIVE DATE OF REPEAL Repeal of sections 31 to 39 effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

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8 42. Transferred

CODIFICATION Section, act June 15, 1917, ch. 30, title XIII, § 4, 40 Stat. 231, related to savings provisions and is set out as a Separability note under section 191 of this title.

Section was formerly classified to section 536 of Title 18 prior to the general revision and enactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683.

CHAPTER 4A-PHOTOGRAPHING, SKETCHING, MAPPING, ETC., DEFENSIVE INSTALLATIONS

88 45 to 45d. Repealed. June 25, 1948, ch. 645, 8 21, 62

Stat. 862 Section 45, act Jan. 12, 1938, ch. 2, § 1, 52 Stat. 3, related to photographing of defensive installations. See sections 795 to 797 of Title 18, Crimes and Criminal Procedure.

Section 45a, act Jan. 12, 1938, ch. 2, § 2, 52 Stat. 3, related to photographing, etc., from aircraft. See section 796 of Title 18.

Section 45b, act Jan. 12, 1938, ch. 2, § 3, 52 Stat. 3, related to reproducing, publishing, selling uncensored copies. See section 797 of Title 18.

Section 45c, act Jan. 12, 1938, ch. 2, § 4, 52 Stat. 4, related to definitions of "aircraft", "post", "camp", and "station". See sections 795 and 796 of Title 18.

Section 45d, act Jan. 12, 1938, ch. 2, § 5, 52 Stat. 4, related to geographical application of law.

EFFECTIVE DATE OF REPEAL Repeal of sections 45 to 45d effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

8 47a. Information concerning illegal introduction,

manufacture, acquisition or export of special nuclear material or atomic weapons or conspiracies

relating thereto; reward Any person who furnishes original information to the United States,

(a) leading to the finding or other acquisition by the United States of special nuclear material or an atomic weapon which has been introduced into the United States or manufactured or acquired therein contrary to the laws of the United States, or

(b) with respect to the introduction or attempted introduction into the United States or the manufacture or acquisition or attempted manufacture or acquisition of, or a conspiracy to introduce into the United States or to manufacture or acquire, special nuclear material or an atomic weapon contrary to the laws of the United States, or

(c) with respect to the export or attempted export, or a conspiracy to export, special nuclear material or an atomic weapon from the United States contrary to the laws of the

United States, shall be rewarded by the payment of an amount not to exceed $500,000. (July 15, 1955, ch. 372, § 2, 69 Stat. 365; Aug. 17, 1974, Pub. L. 93-377, § 1(b), 88 Stat. 472.)

AMENDMENTS

CHAPTER 4B-DISCLOSURE OF CLASSIFIED

INFORMATION

88 46 to 46b. Repealed. Oct. 31, 1951, ch. 655, 8 56(c),

65 Stat. 729

1974-Pub. L. 93-377 in par. (a) made minor changes in phraseology, in par. (b) included information relat. ing to the actual introduction, manufacture and acquisition, or conspiring to introduce into the United States or to manufacture or acquire special nuclear material or an atomic weapon as within the information for which a reward would be given, and added par. (c).

SHORT TITLE

Section 46, act May 13, 1950, ch. 185, $ 2, 64 Stat. 159, related to unlawful disclosure of classified information. See section 798 of Title 18, Crimes and Criminal Procedure.

Section 46a, act May 13, 1950, ch. 185, § 1, 64 Stat. 159, defined terms for use in this chapter.

Section 46b, act May 13, 1950, ch. 185, 83, 64 Stat. 160, related to penalties for improper disclosure.

SAVINGS PROVISION Section 56(1) of act Oct. 31, 1951, provided that the repeal of sections 46 to 466 shall not affect any rights or liabilities existing hereunder on Oct. 31, 1951.

Section 1 of act July 15, 1955, as amended by section 1(a) of Pub. L. 93-377, provided: "That this Act (enact. ing this chapter) may be cited as the 'Atomic Weapons and Special Nuclear Materials Rewards Act'."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 47b of this title.

(b) A determination made by the Attorney General under section 47b of this title shall be final and conclusive and no court shall have power or jurisdiction to review it. (July 15, 1955, ch. 372, § 5, 69 Stat. 366; Aug. 17, 1974, Pub. 93-377, § 1(b), 88 Stat. 473.)

AMENDMENTS 1974–Pub. L. 93-377 designated existing provisions as subsec. (a), substituted “Attorney General" for "Board as administering agent”, and added subsec. (b). 8 47e. Certification of award; approval; payment

Any awards granted under section 47b of this title shall be certified by the Attorney General and, together with the approval of the Presi. dent in those cases where such approval is required, transmitted to the Director of Central Intelligence for payment out of funds appropriated or available for the administration of the National Security Act of 1947, as amended. (July 15, 1955, ch. 372, § 6, 69 Stat. 366; Aug. 17, 1974, Pub. L. 93-377, § 1(c), 88 Stat. 473.)

REFERENCES IN TEXT The National Security Act of 1947, as amended, referred to in text, is act July 26, 1947, ch. 343, 61 Stat. 495, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 401 of this title and Tables.

AMENDMENTS 1974–Pub. L. 93-377 substituted “Attorney General" for "Awards Board".

$ 47f. Definitions

As used in this chapter

(a) The term “atomic energy” means all forms of energy released in the course of nuclear fission or nuclear transformation.

(b) The term “atomic weapon” means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device.

(c) The term “special nuclear material" means plutonium, or uranium enriched in the isotope 233 or in the isotope 235, or any other material which is found to be special nuclear material pursuant to the provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).

(d) The term “United States," when used in a geographical sense, includes Puerto Rico, all Territories and possessions of the United States and the Canal Zone; except that in section 470 of this title, the term “United States" when so used shall have the meaning given to it in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (July 15, 1955, ch. 372, § 7, 69 Stat. 366.)

REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in subsec. (c), is act Aug. 30, 1954, ch. 1073, 68 Stat. 921, as amended, which is classified generally to chapter 23 ($ 2011 et seq.) of Title 42, The Public Health and Wel.

8 47b. Determination by Attorney General of entitle

ment and amount of reward; consultation; Presi.

dential approval The Attorney General shall determine whether a person furnishing information to the United States is entitled to a reward and the amount to be paid pursuant to section 47a of this title. Before making a reward under this section the Attorney General shall advise and consult with the Atomic Energy Commission. A reward of $50,000 or more may not be made without the approval of the President. (July 15, 1955, ch. 372, § 3, 69 Stat. 365; Aug. 17, 1974, Pub. L. 93-377, § 1(b), 88 Stat. 473.)

AMENDMENTS 1974–Pub. L. 93-377 substituted provisions auth riz. ing the Attorney General, with the advice of the Atomic Energy Commission, to determine entitlement and the amount of reward for a person furnishing information to the United States, for provisions authorizing an Awards Board to determine entitlement and amount of such reward, setting forth the composition of the Board and criteria for reward.

TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Functions notes set out under those sections.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 470, 470, 47e of this title.

8 47c. Aliens; waiver of admission requirements

If the information leading to an award under section 47b of this title is furnished by an alien, the Secretary of State, the Attorney General, and the Director of Central Intelligence, acting jointly, may determine that the entry of such alien into the United States is in the public interest and, in that event, such alier and the members of his immediate family may receive immigrant visas and may be admitted to the United States for permanent residence, notwithstanding the requirements of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (July 15, 1955, ch. 372, $ 4, 69 Stat. 366.)

REFERENCES IN TEXT The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (8 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

CROSS REFERENCES Requirements for admission of aliens, see section 1182 of Title 8, Aliens and Nationality.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 47f of this title.

8 47d. Hearings; rules and regulations; conclusiveness

of determinations of Attorney General (a) The Attorney General is authorized to hold such hearings and make, promulgate, issue, rescind, and amend such rules and regulations as may be necessary to carry out the purposes of this chapter.

Sec.

98h.

fare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables.

The Immigration and Nationality Act, referred to in subsec. (d), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 ($ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

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(d) Grants and contracts to encourage

conservation of strategic and criti.

cal materials. National Defense Stockpile Transaction Fund.

(a) Establishment.
(b) Fund operations.
(c) Moneys received from sale of materi.

als being rotated or disposed of.
(d) Effect of bartering.
Advisory committees.
Membership.
Expenses.
Market Impact Committee.
Reports to Congress.
Definitions.
Importation of strategic and critical materi.

als.
Biennial report on stockpile requirements.

(a) In general.
(b) Contents.

(c) Plans of President. Development of domestic sources. (a) Purchase of materials of domestic

origin; processing of materials in

domestic facilities. (b) Terms and conditions of contracts

and commitments. (c) Proposed transactions included in

annual materials plan; availability

of funds. (d) Transportation and incidental ex

penses.
(e) Reports.
National Defense Stockpile Manager.

(a) Appointment.
(b) Title of designated officer.

(c) Delegation of functions. Repealed or Transferred. Nitrate plants. (a) Investigations; designation of sites;

construction and operation of dams, locks, improvements to navi

gation, etc. (b) Lease, purchase, or acquisition of

lands and rights of way; purchase or acquisition of materials, miner

als, and processes. (c) Use of products of plants; disposal of

surplus. (d) Employment of officers, agents, or

agencies. (e) Government construction and oper

ation. Omitted.

98h-7.

SUBCHAPTER II-EDUCATION AND EXPERI

MENTATION IN DEVELOPMENT OF MUNITIONS AND MATERIALS FOR NATIONAL DE

FENSE 91 to 96. Repealed or Omitted. SUBCHAPTER III-ACQUISITION AND DEVEL

OPMENT OF STRATEGIC RAW MATERIALS 98. Short title. 98a. Congressional findings and declaration of

purpose. 98b. National Defense Stockpile.

(a) Determination of materials; quanti

ties. (b) Guidelines for exercise of Presiden

tial authority. (c) Quantity change; notification to Con

gress. 98c. Materials constituting the National Defense

Stockpile. 98d. Authority for stockpile operations.

(a) Funds appropriated for acquisitions;

proposed stockpile transactions;

significant changes therein. (b) Disposal.

(c) Authorization of appropriations. 98e. Stockpile management.

(a) Presidential powers.
(b) Federal procurement practices.
(c) Barter; use of stockpile materials as

payment for expenses of acquiring,
refining, processing, or rotating

materials. (d) Waiver; notification of proposed dis

posal of materials.

(e) Leasehold interests in property. 98e-1. Transferred. 981. Special Presidential disposal authority. 98g. Materials development and research.

(a) Development, mining, preparation,

treatment, and utilization of ores

and other mineral substances. (b) Development of sources of supplies

of agricultural materials; use of agricultural commodities for manu

facture of materials. (c) Development of sources of supply of

other materials; development or use of alternative methods for refining or processing materials in stockpile.

981, 99. 100.

100a.

CROSS REFERENCES Acquisition of sites for armories, nitrate plants, and so forth, see section 2663 of Title 10, Armed Forces.

SUBCHAPTER I-ARSENALS, ARMORIES,

ARMS, AND WAR MATERIALS

88 51 to 57. Repealed. Aug. 10, 1956, ch. 1041, 8 53, 70A

Stat. 641

Section 51, act Aug. 5, 1882, ch. 395, 22 Stat. 299, related to pay of master amorer at Springfield Armory.

Section 52, act June 23, 1874, ch. 486, 18 Stat. 282, related to pay of clerks at Springfield Armory.

Section 53, R.S. § 1665, required an annual account of expenses of national armories, together with an account of arms made and repaired thereon.

Section 54, acts Aug. 18, 1890, ch. 797, § 2, 26 Stat. 320; Aug. 7, 1946, ch. 770, 81(52), 60 Stat. 870, related to accounts of cost of type and experimental manufacture of guns and other articles.

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