of said bill was sent me by the representatives of our legal department, and I enclose herewith copy of said report.

After giving careful consideration to the bill and to the analysis made by our legal department, I concluded that there did not seem to be any good reason why such a bill as H. R. 7595 should be passed by the Congress of the United States. We can deal with the Communist question which H. R. 7595 seeks to deal with in a satisfactory way without resorting to the enactment of legislation such as is included in H. R. 7595.

Very sincerely yours,

WM. GREEN,

President, American Federation of Labor.

Attached is a section-by-section analysis of a bill introduced by Congressman Nixon which we understand is identical to S. 2311, recently favorably reported by the Senate Judiciary Committee by a vote of 12 to 1.

H. R. 7595 is similar in all substantial respects to S. 1194 and S. 1196, presented, respectively, by Senators Mundt and Ferguson at the 1949 session of Congress and concerning which an analysis has previously been given. Prior to the analysis of S. 1194 and S. 1196, an analysis of the original Mundt bill, H. R. 5852, presented in 1948, had been made. A representative of the American Federation of Labor appeared and testified in opposition to these previous bills, and we assume his statement and these analyses are available. The present bill (H. R. 7595), while it does correspond to the 1949 Mundt bill in many respects, has been amended to meet some-but not all-of the objections advanced by the American Federation of Labor. The principal differences between the present bill and the 1949 Mundt bill are as follows:

1. That portion of section 4 relating to conspiracy has been amended by substituting in the present bill the phrase "contribute to the establishment of a dictatorship" in place of the phrase, "facilitate or aid in the establishment of a dictatorship." This serves to considerably narrow the scope of the prohibition and limit its application. However, it is our view, as expressed to you in previous analysis, that there is inherent in this section danger to labor organizations.

Under the previous bill analyzed, the Attorney General, upon receiving a registration statement from a Communist organization, was required to notify any individual named therein as an officer or a member of such listing and the Attorney General was prohibited from making the individual's name public until 30 days after notification to him of his listing as an officer and member so that he could have an opportunity to contest this listing before publication. The present bill extends this period of 30 days to 60 days.

The present bill establishes a “Subversive Activities Control Board” instead of a "Subversive Activities Commission" as was provided for under the previous bill, and the composition of the Board is considerably changed. Under the previous bill the Commission was composed of three members designated by the President from the Department of State, Department of Commerce, and the National Military Establishment, who serve without additional compensation. Under the new bill the Board consists of three members appointed by the President by and with the consent of the Senate. These members are prohibited from engaging in any other employment or business and shall be paid a salary of $12,500 a year. Thus, there is assured a much greater degree of impartiality and freedom from control by superior governmental officers.

Under the present bill, individuals or organizations appearing before the Board are entitled to counsel and it is required that a stenographic record of the proceedings be kept. These safeguards were not present in the bill previously considered.

Some of the factors to be considered by the Board under the present bill in determining whether an organization is a Communist-front organization have been more definitely worded than was the case under the previous bill. This greater explicitness in language does form some greater measure of protection. However, it must be pointed out that most of the factors to be considered by the Board, under the present bill, in determining whether organizations are communistic are word-for-word those contained in the bill previously considered, and these factors were quite strongly criticized by representatives of the American Federation of Labor at the time the previous bill was being considered.

As heretofore stated, with the exception of the changes noted, the present bill appears to be, in general, identical to the bill previously analyzed by us.

Except for these changes the objections heretofore made to this previous bill have not, in our opinion, been overcome.

SECTION-BY-SECTION ANALYSIS OF H. R. 7595

SECTION 1

The act is given the short title of "Subversive Activities Control Act, 1950."

SECTION 2

Section 2 deals with the necessity for this legislation. It contains 11 subsections. This action states that there is a world-wide revolutionary political movement designed to establish a Communist totalitarian dictatorship in the world through a single world-wide political organization; that the establishment of a totalitarian dictatorship results in the destruction of fundamental freedoms that characterize a representative form of government; that a totalitarian dictatorship is characterized by a single political party, organized on a dictatorial basis, with an identity so close to the government itself as to be indistinguishable from it; that control of the world Communist movement is vested in a Communist dictatorship of a foreign country; that in exercising this control this dictatorship utilizes political organizations in various countries, and these organizations are mere parts or segments of a single world-wide Communist organization and are subject to that organization's direction and control; that such political organizations seek to carry out the objectives of the worldwide Communist movement by bringing about the overthrow of existing governments and setting up Communist totalitarian dictatorships subservient to the most powerful existing totalitarian dictatorship; that the Communist organizations in various countries are organized on a secret conspiratorial basis and operate substantially through organizations commonly known as Communist fronts; that due to the nature and scope of the world Communist movement, travel of its agents and representatives from country to country in furtherance of its objectives is essential; that individuals in the United States or in foreign countries who knowingly and willfully participate in the world Communist movement repudiate their allegiance to the United States or such foreign country, as the case may be, and transfer it to the foreign country in which is vested the direction and control of the world Communist movement; that the most powerful existing Communist dictatorship has already caused the establishment of ruthless Communist totalitarian dictatorships in numerous foreign countries and threatens to establish similar dictatorships in still other countries; and that the recent success of Communist methods in other countries and the nature and scope of this movement presents a clear and present danger to the security of the United States and requires Congress to enact legislation recognizing the existence of this world-wide conspiracy and designed to prevent it from accomplishing its purpose in the United States.

SECTION 3

This section deals with definitions. The terms "person" and "organization" are very broadly defined and include, among other things, "associations" and any "group of persons, whether or not incorporated, permanently or temporarily associated together for joint action on any subject or subjects."

A "Communist political organization" is defined as "any organization in the United States having some * * of the ordinary and usual characteristics of a political party which (A) is substantially dominated and controlled by the foreign government or foreign governmental or political organization controlling the world Communist movement *, and (B) operates primarily to advance

the objectives of such world Communist movement

*

The term "Communist-front organization" means "any organization in the United States (other than a Communist political organization, and other than a lawfully organized political party which is not a Communist political organization) which (A) is under the control of a Communist political organization, or (B) 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 *

The term "Communist organization” means a "Communist political organization or a Communist-front organization."

SECTION 4

This section makes it unlawful for "any person" knowingly to conspire with any other person to perform any act "which would substantially contribute to the establishment within the United States of 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."

The term "totalitarian dictatorship" is defined as a form of government characterized by the existence of a single political party with an identity indistinguishable, for all practical purposes, from that of the government itself and the forcible suppression of all opposition to such party. (It is here to be noted that this section, at this point, embraces "any person," and that "totalitarian dictatorship" embraces not only Communist dictatorship but all forms of totalitarian dictatorship controlled or exercised by any foreign government, organizazation, or individual.)

Section 4 also makes it unlawful for any Federal officer or employee to communicate any information, classified by the President or by the head of any governmental agency with the approval of the President, as affecting the security of the United States, to any person whom such officer or employee knows or has reason to believe to be an agent of any foreign government or officer or member of any Communist organization, with knowledge or reason to believe that such information has been so classified, unless such officer or employee shall have been specially authorized by the head of such governmental agency to make such disclosure.

This section finally makes it unlawful for any agent of a foreign government or any officer or member of a Communist organization knowingly to receive or attempt to receive from a Federal officer or employee such classified information, unless special authorization for such communication has first been obtained from the head of the governmental agency having custody over such information. The penalty provided for a violation of section 4 is a $5,000 fine or 10 years imprisonment, or both. In addition, a person convicted loses his right to hold public office. The statute of limitations applying to an offense under section 4 is fixed at 10 years. Under subsection (f) it is expressly stated that the holding of office or membership in any Communist organization by any person shall not constitute a violation of section 4.

SECTION 5

Section 5 deals with the employment of members of Communist political organizations. Section 5 (a) provides that, when an organization is registered or there is in effect a final order of the Subversive Activities Control Board requiring an organization to register as a Communist political organization, it shall be unlawful for any member of such organization, with knowledge that such order has become final. (1) in seeking or accepting any Federal office or employment to conceal his membership, or (2) to hold any nonelective Federal office or employment.

Section 5 (b) provides that when an organization is so registered or is so required to register, it shall be unlawful for any Federal officer or employee to appoint or employ any individual as a Federal officer or employee, knowing that such individual is a member of such an organization.

SECTION 6

Section 6 (a) provides that, when such an organization is so registered or is required to so register, it shall be unlawful for any member, with knowledge that such order has become final, (1) to apply for a United States passport or its renewal, or (2) to use or attempt to use such passport.

Section 6 (b) provides that, when an organization is so registered or is so required to register, it shall be unlawful for any Federal officer or employee to issue a passport to or renew the passport of any individual, knowing or having reason to believe that such individual is a member of such organization.

SECTION 7

Section 7 provides that each Communist political organization and each Communist-front organization (including any organization required by a final order of the Board to register as either) shall register with the Attorney General on a

form prescribed by him. Such organization in existence on the date of the enactment of the act shall register within 30 days after the enactment date. Such organizations coming into existence after such enactment date shall register within 30 days after their creation. An organization required to register by final order of the Subversive Activities Control Board shall do so within 30 days after such order becomes final.

The registration shall be accompanied by a registration statement prescribed by the Attorney General, disclosing the name of the organization and the address of its principal office, the name and last known address of each individual who then is or within 12 months preceding that time was an officer of the organization, with the office designated and a brief statement of the duties of each individual as such officer, an accounting of all moneys received and expended (including sources from which received and purposes for which expended) by the organization for the period of 12 months next preceding the filing of the statement. In the case of a Communist political organization, the name and last known address of each individual who was a member at any time during the 12-month period immediately preceding the filing of the statement, must be disclosed, and, in the case of an officer or member whose name is required to be shown in such a statement, each name used by him or by which he is or was known must be stated.

Every organization registered under this section must file with the Attorney General on February 1 following the year of registration, and each year thereafter, an annual report containing substantially the same information required in the registration statement. Every organization registered must keep, in the manner prescribed by the Attorney General, accurate records and financial statements. Every Communist political organization registered must keep, in the manner prescribed by the Attorney General, accurate records of the names and addresses of the members of the organization and of those "persons" who actively participate in the activities of such organization.

The Attorney General is required to send to each individual listed, in any registration statement or annual report filed, as an officer or member of the organization, a written notice of such listing as early as practicable. Upon written request of any individual, so notified, who denies such office or membership, the Attorney General must forthwith investigate the truth or falsity of such denial. If he is satisfied the denial is correct, the Attorney General must strike the name of such individual from the registration statement or annual report. If he declines or fails to strike the name of such individual within 5 months after the receipt of the individual's request, the individual may file a petition for relief with the Board.

If an organization fails to register or to file a registration statement or annual report, as required, it is made the duty of its executive officer and its secretary, and of any other officer or officers prescribed by the Attorney General, to register for such organization or to file the statement or annual report, as the case may be.

SECTION 8

This section provides that each individual who is a member of any organization which he knows to be registered as a Communist political organization, but which has failed to include his name in the membership list filed with the Attorney General, must, within 60 days after obtaining such knowledge, register with the Attorney General as a member of such organization.

SECTION 9

Section 9 provides that the Attorney General shall keep a register of Communist political organizations and Communist-front organizations, which shall include the names and addresses of all such organizations registered under the act, and the various registration statements and annual reports required to be filed.

These registers shall be open for public inspection. It is provided, however, that the Attorney General shall not make public the name of any individual listed as an officer or member of any Communist organization until 60 days after the transmittal of the notification required by section 7 to be sent to such individual. If the individual, prior to that time, requests the removal of his name from any such list, the Attorney General shall not make public the individual's name until 6 months after the receipt of this request or until 30 days after the Attorney General shall have denied the individual's request and shall have transmitted notice of such denial to him, whichever is earlier. The Attorney General is required to submit to the President and to Congress, on or before June 1

of each year (and at any other time when requested by either House by resolution), a report including the names and addresses of the organizations listed in the registers and the names and addresses of the individuals listed as members of the organizations contained in the registers.

SECTION 10

Section 10 makes it unlawful for any individual to become or remain a member of any organization if he knows there is in effect a final order of the Subversive Activities Control Board requiring such organization to register as a Communist political organization, and more than 30 days have elapsed since such order has become final and such organization has not registered as a Communist political organization.

SECTION 11

Section 11 makes it unlawful for any organization which is registered under the act, or is required by final order of the Board to register, or for any person acting for or on behalf of any such organization, to transmit through the mails or through any means or instrumentality of interstate or foreign commerce any publication which it is reasonable to believe is intended to be circulated among two or more persons, unless such publication and the envelope or wrapper in which it is enclosed bears the printed notation that the publication is disseminated by a Communist organization and bears the name of that organization. It is also unlawful for such an organization to broadcast any matter over any rdio or television station in the United States unless such matter is preceded by a statement that the program is sponsored by a Communist organization and that organization is named.

SECTION 12

Section 12 prohibits the deduction for Federal income-tax purposes of any contribution made to or for the use of any organization if at the time of the making of such contribution such organization is registered under the act or is required under the act to register by final order of the Subversive Activities Control Board.

It also provides that no organization shall be entitled to exemption from Federal income tax for any taxable year if at any time during that year such organization is registered under the act or is required to register by final order of the Subversive Activities Control Board.

SECTION 13

Section 13 establishes the Subversive Activities Control Board. It is to be composed of three members appointed by the President. The term of the members shall be 3 years, subject to removal by the President for neglect of duty of malfeasance in office. Two members of the Board shall constitute a quorum, and each member of the Board shall receive a salary of $12,500 per year, shall be eligible for reappointment, and shall not engage in any other business or employment. The Board is required at the close of each fiscal year to make a report in writing to the Congress and to the President and account for all the moneys it has disbursed.

It is made the duty of the Board, upon application by the Attorney General or by any organization, under section 14 of the act, to determine whether any organization is either a "Communist political organization" or a "Communistfront organization." The Board is also required, upon application, to determine whether any individual is a member of any Communist political organization registered or, by final order of the Board, required to be registered.

The Board is empowered to appoint personnel and to pay them and to make rules and regulations for the performance of its duties.

SECTION 14

Section 14 provides that, whenever the Attorney General shall have reason to believe that any organization or individual required to register under the act has not done so, he shall file with the Board and serve upon such organization or individual a petition for an order requiring such organization or individual to register. Any organization or individual registered under the act may, but not oftener than once in each calendar year, make application to the Attorney Gen