Control of Subversive Activities

CONTROL OF SUBVERSIVE ACTIVITIES

THURSDAY, MAY 27, 1948

UNITED STATES SENATE, COMMITTEE ON THE JUDICIARY, Washington, D. C.

The committee met, pursuant to call, at 9 o'clock a. m., in room 318 Senate Office Building, Senator Alexander Wiley, chairman, presiding.

Present: Senators Wiley (chairman), Ferguson, Moore, Donnell, and Eastland.

The CHAIRMAN. The committee will come to order.

This hearing is scheduled for the purpose of receiving testimony and opinions in relation to the constitutionality and practicality of H. R. 5852, which will be placed in the record at this point. (H. R. 5852 follows:)

[H. R. 5852, 80th Cong., 2d sess.]

AN ACT To protect the United States against un-American and subversive activities

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

SECTION 1. This Act may be cited as the "Subversive Activities Control Act, 1948".

NECESSITY FOR LEGISLATION

SEC. 2. As a result of evidence adduced before various committees of the Senate and House of Representatives, Congress hereby finds that—

(1) The system of government known as totalitarian dictatorship is characterized by the existence of a single political party, organized on a dictatorial basis, and by an identity between such party and its policies and the government and governmental policies of the country in which it exists, such identity being so close that the party and the government itself are for all practical purposes indistinguishable.

(2) The establishment of a totalitarian dictatorship in any country results in the ruthless suppression of all opposition to the party in power, the complete subordination of the rights of individuals to the state, the denial of fundamental rights and liberties which are characteristic of a representative form of government, such as freedom of speech, of the press, of assembly, and of religious worship, and results in the maintenance of control over the people through fear, terrorism, and brutality.

(3) There exists a world communist movement which, in its origins, its development, and its present practice, is a world-wide revolutionary political movement whose purpose it is, by treachery, deceit, infiltration into other groups (governmental and otherwise), espionage, sabotage, terrorism, and any other means deemed necessary to establish a communist totalitarian dictatorship in all the countries of the world through the medium of a single world-wide communist political organization.

(4) The direction and control of the world communist movement is vested in and exercised by the communist dictatorship of a foreign country.

(5) The communist dictatorship of such foreign country, in exercising such direction and control and in furthering the purposes of the world communist movement, establishes or causes the establishment of, and utilizes, in various countries, political organizations which are acknowledged by such communist dictatorship as being constituent elements of the world communist movement; and such political organizations are not free and independent organizations, but are mere sections of a single world-wide communist organization and are controlled, directed, and subject to the discipline of the communist dictatorship of such foreign country.

(6) The political organizations so established and utilized in various countries, acting under such control, direction, and discipline, endeavor to carry out the objectives of the world communist movement by bringing about the overthrow of existing governments and setting up communist totalitarian dictatorships which will be subservient to the most powerful existing communist totalitarian dictatorship.

(7) In carrying on the activities referred to in paragraph (6), such political organizations in various countries are organized on a secret, conspiratorial basis and operate to a substantial extent through organizations, commonly known as "communist fronts," which in most instances are created and maintained, or used, in such manner as to conceal the facts as to their true character and purposes and their membership. One result of this method of operation is that such political organizations are able to obtain financial and other support from persons who would not extend such support if they knew the true purposes of, and the actual nature of the control and influence exerted upon, such "communist fronts."

(8) Due to the nature and scope of the world communist movement, with the existence of affiliated constituent elements working toward common objectives in various countries of the world, travel of members, representatives, and agents from country to country is essential for purposes of communication and for the carrying on of activities to further the purposes of the movement.

(9) In the United States those individuals who knowingly and willfully participate in the world communist movement, when they so participate, in effect repudiate their allegiance to the United States and in effect transfer their allegiance to the foreign country in which is vested the direction and control of the world communist movement; and, in countries other than the United States, those individuals who knowingly and willfully participate in such communist movement similarly repudiate their allegiance to the countries of which they are nationals in favor of such foreign communist country.

(10) In pursuance of communism's stated objectives, the most powerful existing communist dictatorship has, by the traditional communist methods referred to above, and in accordance with carefully conceived plans, already caused the establishment in numerous foreign countries, against the will of the people of those countries, of ruthless communist totalitarian dictatorships, and threatens to establish similar dictatorships in still other countries.

(11) The recent successes of communist methods in other countries and the nature and control of the world communist movement itself present a clear and present danger to the security of the United States and to the existence of free American institutions and make it necessary that Congress enact appropriate legislation recognizing the existence of such world-wide conspiracy and designed to prevent it from accomplishing its purpose in the United States.

DEFINITIONS

SEC. 3. For the purposes of this Act

(1) The term "person" means an individual or an organization.

(2) The term "organization" means an organization, corporations, company, partnership, association, trust, foundation, or fund; and includes a group of persons, whether or not incorporated, permanently or temporarily associated together for joint action on, or advancement of views on, any subject or subjects. (3) The term "communist political organization" means any organization in the United States having some, but not necessarily all, of the ordinary and usual characteristics of a political party, with respect to which, having regard to some or all of the following considerations:

(A) the extent and nature of its activities, including the expression of views and policies,

(B) the extent to which its policies are formulated and carried out and its activities performed, pursuant to directives or to effectuate the policies,

of the foreign government or foreign governmental or political organization in which is vested, or under the domination or control of which is exercised, the direction and control of the world communist movement referred to in section 2 of this Act,

(D) the extent to which it supports or advocates the basic principles and tactics of communism as expounded by Marx and Lenin.

(E) the extent to which it receives financial or other aid, directly or indirectly, from or at the direction of such foreign government or foreign organization,

(F) the extent to which it sends members or representatives to any foreign country for instruction or training in the principles, policies, strategy, or tactics of such world communist movement,

(G) the extent to which it reports to such foreign government or foreign organization or to its representatives,

(H) the extent to which its members or leaders are subject to or recognize the disciplinary power of such foreign government or foreign organization or its representatives,

(I) the extent to which (i) it fails to disclose, or resists efforts to obtain information as to, its membership (by keeping membership lists in code, by instructing members to refuse to acknowledge membership, or by any other method); (ii) its members refuse to acknowledge membership therein; (iii) it fails to disclose, or resists efforts to obtain information as to, records other than membership lists; (iv) its meetings are secret; and (v) it otherwise operates on a secret basis, and

(J) the extent to which its members consider the allegiance they owe to the United States as subordinate to their obligations to such foreign government or foreign organization,

it is reasonable to conclude that it is under the control of such foreign government or foreign governmental or political organization.

(4) The term "communist-front organization" means any organization in the United States (other than a communist political organization and other than an organization having substantially all the ordinary and usual characteristics of a political party) with respect to which, having regard to some or all of the following considerations:

(A) the identity of the persons who are active in its management, direction, or supervision, whether or not holding office therein,

(B) the sources from which an important part of its support, financial or otherwise, is derived,

(D) the position taken or advanced by it from time to time on matters of policy,

it is reasonable to conclude (i) that it is under the control of a communist political organization, or (ii) that it is primarily operated for the purpose of giving aid and support to a communist political organization, a communist foreign government, or the world communist movement referred to in section 2, or (iii) that its views and policies are in general adopted and advanced because such views or policies are those of a communist political organization, a communist foreign government, or such world communist movement.

(5) The term "communist organization" means a communist political organization or a communist-front organization.

(6) The term "publication" means any circular, newspaper, periodical, pamphlet, book, letter, postcard, leaflet, or other publication.

(7) The term "United States," when used in a geographical sense, includes the several States, Territories, and possessions of the United States, the District of Columbia, and the Canal Zone.

(8) The term "interstate or foreign commerce" means trade, traffic, commerce, transportation, or communication (A) between any State, Territory, or possession of the United States (including the Canal Zone), or the District of Columbia, and any place outside thereof, or (B) within any Territory or possession of the United States (including the Canal Zone) or within the District of Columbia.

(9) The term "final order of the Attorney General" means an order issued by the Attorney General under section 13 of this Act, which has become final as provided in section 14 of this Act, requiring an organization to register under section 8 of this Act as a communist political organization or a communistfront organization.

CERTAIN PROHIBITED ACTS

SEC. 4. (a) It shall be unlawful for any person

(1) To attempt in any manner to establish in the United States a totalitarian dictatorship the direction and control of which is to be vested in, or exercised by or under the domination or control of, any foreign government, foreign organization, or foreign individual;

(2) To perform or attempt to perform any act with intent to facilitate or aid in bringing about the establishment in the United States of such a totalitarian dictatorship;

(3) Actively to participate in the management, direction, or supervision of any movement to establish in the United States such a totalitarian dictatorship;

(4) Actively to participate in the management, direction, or supervision of any movement to facilitate or aid in bringing about the establishment in the United States of such a totalitarian dictatorship;

(5) To conspire to do anything made unlawful by this subsection.

(b) Any person who violates any of the provisions of subsection (a) of this section shall, upon conviction thereof, be punished by a fine of not more than $10,000 or imprisonment for not more than 10 years, or both such fine and imprisonment.

(c) Any offense punishable under this section may be prosecuted at any time without regard to any statute of limitations.

LOSS OF UNITED STATES CITIZENSHIP

SEC. 5. (a) Section 401 of the Nationality Act of 1940, as amended, is hereby amended by striking out the period at the end thereof and inserting in lieu thereof a semicolon and the word "or", and by adding at the end of such section a new subsection to read as follows:

"(k) Committing any violation of section 4 of the Subversive Activities Control Act, 1948, provided he is convicted thereof by a court of competent jurisdiction.

(b) Section 403 (a) of the Nationality Act of 1940, as amended, is hereby amended to read as follows:

"(a) Except as provided in subsection (g), (h), (i), or (k) of section 401, no national can expatriate himself, or be expatriated, under such section while within the United States or any of its outlying possessions, but expatriation shall result from the performance within the United States or any of its outlying possessions of any of the acts or the fulfillment of any of the conditions specified in such section if and when the national thereafter takes up a residence abroad."

EMPLOYMENT OF MEMBERS OF COMMUNIST POLITICAL ORGANIZATIONS

SEC. 6. (a) It shall be unlawful for any member of a communist political organization, knowing that the organization is a communist political organization

(1) to seek or accept any office or employment under the United States without revealing that he is a member of such organization; or

(2) after thirty days after the date of the enactment of this Act, to hold any nonelective office or employment under the United States.

(b) It shall be unlawful for any officer or employee of the United States to appoint or employ any individual as an officer or employee of the United States, knowing that such individual is a member of a communist political organization.

DENIAL OF PASSPORTS TO MEMBERS OF COMMUNIST POLITICAL ORGANIZATIONS

SEC. 7. (a) It shall be unlawful for any member of a communist political organization, knowing that the organization is a communist political organization

(1) to make application for a passport, or the renewal of a passport, to be issued or renewed by or under the authority of the United States; or

(2) after sixty days after the date of the enactment of this Act, to use or attempt to use a passport theretofore issued.

(b) It shall be unlawful for any officer or employee of the United States to issue a passport to, or renew the passport of, any individual knowing that such individual is a member of a communist political organization.

REGISTRATION AND ANNUAL REPORTS OF COMMUNIST ORGANIZATIONS

SEC. 8. (a) Each communist political organization (including any organization required, by a final order of the Attorney General, to register as a communist political organization) shall, within the time specified in subsection (c) of this section, register with the Attorney General, on a form prescribed by him by regulations, as a communist political organization.

(b) Each communist-front organization (including any organization required, by a final order of the Attorney General, to register as a communist-front organization) shall, within the time specified in subsection (c) of this section, register with the Attorney General, on a form prescribed by him by regulations, as a communist-front organization.

(1) in the case of an organization which is a communist political organization or a communist-front organization on the date of the enactment of this Act, within thirty days after such date;

(2) in the case of an organization becoming a communist political organization or a communist-front organization after the date of the enactment of this Act, within thirty days after such organization becomes a communist political organization or a communist-front organization, as the case may be; and

(3) in the case of an organization which by a final order of the Attorney General is required to register, within thirty days after such order becomes final.

(d) The registration made under subsection (a) or (b) shall be accompanied by a registration statement, to be prepared and filed in such manner and form as the Attorney General shall by regulations prescribe, containing the following information:

(1) The name of the organization.

(2) The name and last-known address of each individual who is at the time of the filing of such registration statement, and of each individual who was at any time during the period of twelve full calendar months preceding the filing of such statement, an officer of the organization, with the designation or title of the office so held, and with a brief statement of the duties and functions of such individual as such officer.

(3) An accounting, in such form and detail as the Attorney General shall by regulations prescribe, of all moneys received and expended (including the sources from which received and the purposes for which expended) by the organization during the period of twelve full calendar months preceding the filing of such statement.

(4) In the case of a communist political organization, the name and lastknown address of each individual who was a member of the organization at any time during the period of twelve full calendar months preceding the filing of such statement.

(e) It shall be the duty of each organization registered under this section to file with the Attorney General on or before February 1 of the year following the year in which it registers, and on or before February 1 of each succeeding year, an annual report, prepared and filed in such manner and form as the Attorney General shall by regulations prescribe, containing the same information which by subsection (d) is required to be included in a registration statement, except that the information required with respect to the twelve-month period referred to in paragraph (2), (3), or (4) of such subsection shall, in such annual report, be given with respect to the calendar year preceding the February 1 on or before which such annual report must be filed.

(f) It shall be the duty of each organization registered under this section to keep, in such manner and form as the Attorney General shall by regulations prescribe

(1) accurate records of the names and addresses of the members of such organization and of persons who actively participate in the activities of such organization; and

(2) accurate records and accounts of moneys received and expended (including the sources from which received and the purposes for which expended) by such organization.

(g) It shall be the duty of the Attorney General to send to each individual listed in any registration statement or annual report, filed under this section, as a member of the organization in respect of which such registration statement or annual report was filed, a notification in writing that such individual is so

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