eral for the cancellation of such registration and (in the case of such organization) for relief from obligation to make further annual reports. Within 60 days after the denial of such application, the organization or individual concerned may petition the Board for an order requiring the cancellation of such registration and (in the case of such organization) relieving such organization of obligation to make further annual reports.

In a situation where the Attorney General declines or fails to strike the name of an individual from the registration statement or annual report filed under the act, that individual may file with the Board a petition for an order requiring the Attorney General to strike his name from that registration statement or annual report.

Upon the filing of any petition under this section, the Board, or any member thereof, or any examiner designated thereby, may hold hearings and receive evidence. Provision is made for the compulsory attendance of witnesses and the production of books, papers, etc., at these hearings. Failure to comply with the subpena can result in a court order to comply, and failure thereafter can be punished as contempt of court. All hearings are to be public, and each party has the right to the assistance of counsel. A stenographic record must be taken of the testimony of each witness, and a transcript of such testimony must be filed in the office of the Board.

Section 14 further provides that, in determining whether any organization is a Communist political organization, the Board shall take into consideration a number of detailed factors, among them being the extent to which the organization's policies are formulated and carried out pursuant to directives or policies of the foreign agency in which is vested the direction and control of the world Communist movement, the extent to which its views and policies do not deviate from such foreign agency, the extent to which it receives financial or other aid from or through such foreign agency, the extent to which it sends agents to any foreign country for instruction or training in the fundamentals of the Communist movement, the extent to which it reports to such foreign agency, the extent to which its principal leaders or a substantial number of its members are subject to or recognize the disciplinary powers of such foreign agency, the extent to which it fails to disclose information as to its membership, its members refuse to acknowledge membership, its meetings are secret, and the extent to which its principal leaders or a substantial number of its members consider their allegiance to the United States as subordinate to their obligations to such foreign agency. In determining whether any organization is a Communist-front organization, the Board must take into consideration the extent to which persons who are active in its management are also active in the management of any Communist political organization, Communist foreign government, or the world Communist movement, the extent to which its support is derived from any Communist political organization, foreign government, or world movement, the extent to which its funds or personnel are used to promote the political objectives of such Communist agencies or movement, the extent to which positions taken or advanced by it on matters of policy do not deviate from such Communist political agencies or movement.

If, after hearing, the Board determines that an organization is a Communist political organization or a Communist-front organization, it shall make a report, including findings of fact, and shall issue an order requiring such organization to register. If it determines that an individual is a member of a Communist political organization, it shall make a report and issue an order requiring that individual to register. If the Board determines that an organization is not a Communist political organization or a Communist-front organization, it shall make its report and serve upon the Attorney General an order denying his petition for an order requiring such organization to register. If the Board determines that an individual is not a member of any Communist political organization, it shall make its report and serve upon the Attorney General an order denying his petition for an order requiring such individual to register.

Where a petition for cancellation of registration has been filed by an organization and denied by the Attorney General and the Board determines that the organization is not a Communist political organization or a Communist-front organization, it shall make its report and serve upon the Attorney General an order requiring him to cancel the registration of such organization and relieve it of the requirement of filing further annual reports.

Where a petition for cancellation of registration has been filed by an individual and denied by the Attorney General and the Board determines that the individual is not a member of any Communist political association or (in the case

of an individual listed as an officer of a Communist-front organization) that the individual is not an officer of a Communist-front organization, it shall make its report and serve upon the Attorney General an order requiring him to strike the name of such individual from the registration statement or annual report upon which it appears, or to cancel the registration of such individual under section 8, as may be appropriate.

In a case where the Attorney General has declined or has failed to strike the name of an individual from a registration statement previously filed by that individual or by a Communist political organization or a Communist-front organization and the Board determines that the individual is not a member of any Communist political organization or an officer of a Communist-front organization, as the case may be, it shall make its report and serve upon the Attorney General an order requiring him to strike the name of such individual from the registration statement or annual report, or to cancel the registration of such individual. In the case of a request made by an organization for cancellation of its registration and the Board determines that such organization is a Communist political organization or a Communist-front orgnization, it shall make its report and issue an order denying the organization's petition for cancellation. In the case where such request for cancellation is made by an individual and the Board determines that the individual is either a member of a Communist political organization or an officer of a Communist-front organization, it shall make a report and serve on such individual an order denying his petition for an order requiring the Attorney General to strike his name from any registration statement or annual report, or to cancel the registration of such individual.

SECTION 15

Section 15 (a) provides that the party aggrieved by any order entered by the Board under section 14 may obtain a review of such order in the United States Court of Appeals for the District of Columbia by filing in the court, within 60 days from the date of service upon it of such order, a written petition praying that the order of the Board be set aside. The court has power to affirm or set aside the order of the Board. The findings of the Board, however, as to the facts, if supported by the preponderance of the evidence, shall be conclusive. The judgment and decree of the court shall be final, except that it shall be subject to review by the Supreme Court of the United States upon certiorari.

Section 15 (b) specifies the time, under varying conditions, when Board orders become final.

SECTION 16

Section 16 deals with penalties. If there is in effect with respect to any organization or individual a final order of the Board requiring registration under the act, any such organization, upon conviction of failure to register, to file any registration statement or annual report, or to keep records, and any such individual, upon conviction of failure to register or file a registration statement or annual report, when required to do so under the act, shall be punished for each offense by a fine of not less than $2,000 or more than $5,000, or imprisonment for not less than 2 years and not more than 5 years, or by both such fine and imprisonment. If any individual willfully makes any false statement or willfully omits to state any material fact in a registration statement or annual report filed under the act, he shall, upon conviction, be subject to the name punishment above mentioned for each offense. Each false statement and each willful omission to state a material fact is regarded as a separate offense, and each listing of the name or address of any one individual is regarded as a separate statement.

Any organization which violates section 11 (the use of the mails, etc., to transmit a publication without identifying it as a Communist publication, and the broadcasting over radio or television unless it is preceded by a statement that the broadcast is sponsored by a Communist organization) shall be fined not less than $2,000 and not more than $5,000. Any individual who violates section 11 or sections 5 (relating to employment of members of Communist political organizations), 6 (relating to passports to members of Communist political organizations), 10 (relating to membership in certain Communist political organizations, where such an organization has not registered although required to do so by final order of the Board) is subject to a fine or from $2,000 to $5,000 or imprisonment for not less than 2 years and not more than 5 years, or to both such fine and imprisonment.

SECTION 17

Section 17 provides that the Administrative Procedure Act shall be applicable to the exercise of functions by the Board under the act, except to the extent that the act affords additional procedural safeguards for organizations and individuals.

SECTION 18

Section 18 states that, if any provision of the act or the application thereof is held invalid, the remaining provisions, or the application of such remaining provisions, shall not be affected thereby.

FORMAL STATEMENT OF HON. ARTHUR G. KLEIN, OF NEW YORK, IN OPPOSITION TO H. R. 3903 OR TO ANY OTHER LEGISLATION OF A SIMILAR NATURE

Mr. Chairman and members of the Committee on Un-American Activities, the purpose of this statement is to express my unalterable opposition to H. R. 3903, a bill to combat un-American activities by making it unlawful for Federal employees and for individuals employed in connection with national defense contracts to be members of or affiliated with the Communist Party or certain other subversive organizations, or for other purposes.

It is my position that every useful end which might be served by the enactment of this bill is adequately provided for in existing legislation and security regulations, and that the ends not already encompassed would be against public interest and violative of precious rights of Federal employees.

1. EXISTING LEGISLATION

It is self-evident that every offense committed by an employee of the Federal Government or of a contractor of the Federal Government against the peace and security of this country is punishable by the same general laws against espionage, sedition, conspiracy, and a similar category of offenses that would apply to any other citizen or alien.

In addition, there are a number of specific restrictions, chiefly enacted as riders on appropriation bills, solely or chiefly affecting Federal employees; among these are the laws prohibiting membership in an organization which advocates the right of Federal employees to strike and those requiring each employee (including Members of Congress) to sign a statement as to affiliation with certain proscribed categories of organizations before payrolling.

Pursuant to that mandate, the Civil Service Commission includes in the standard employment application Form 57 these questions:

"27. Are you now, or have you ever been, a member of the Communist Party, U. S. A., or any Communist organization?"

"28. Are you now, or have you ever been, a member of a Fascist organization?”

"29. Are you now, or have you ever been, a member of any organization, association, movement, group, or combination of persons which advocates the overthrow of our constitutional form of government, or of an organization, association, movement, group, or combination of persons which has adopted a policy of advocating or approving the commission of acts of force or violence to deny other persons their rights under the Constitution of the United States or of seeking to alter the form of Government of the United States by unconstitutional means?"

"If your answer to question 27, 28, or 29 above is "Yes," state in item 39 the names of all such organizations, associations, movements, groups, or combination of persons and dates of membership. Give complete details of your activities therein and make any explanation you desire regarding your membership or activities therein."

The penalties of perjury are incurred by an untruthful answer to these and other questions; administrative penalties may be imposed in lesser offenses in lieu of prosecution.

The Hatch Act has stood for 11 years as a further safeguard.

2. PRESENT REGULATIONS

The security precautions of the executive offices have proved ample to guard the safety of the United States.

First in magnitude and importance is the so-called loyalty program established under Executive Order 9835 and codified in the Federal Code of Regulation as title 5, chapter II.

Certain key agencies are authorized to take summary action by special legislation; while all national defense agencies, including the Atomic Energy Commission, have security programs going far beyond a mere routine check of employees.

The Central Intelligence Agency is charged with a heavy responsibility in counterintelligence and, with the Federal Bureau of Intelligence, appears to be doing a highly competent job.

3. THE BILL IS TOO NARROW

This measure would set up a narrowly defined proscription of certain affiliations which already are proscribed by administrative action and would appear to be class legislation in the light of guiding judicial decisions.

It freezes into statute the flexible administrative program already under way and runs a grave risk of frustrating the counter-intelligence activities of our proper intelligence units.

Any legislation of this nature is, of course, subject to abuse in the hands of irresponsible administrators and minor employees; there probably is no Member of this Congress who has not had some personal experience with an individual injustice growing out of the loyalty program.

While by reference the bill incorporates the entire list of affiliations proscribed by the Attorney General, the accent of the instant measure on Communist Party affiliation is highly misleading and would encourage the careless and the gullible to believe that the Congress sees no harm in subversive organizations of the extreme right.

It cannot be too often repeated that the activities of fanatic Communists and their adherents are not the only danger to the internal and external saftey of this country.

It cannot be too often repeated that in a nation firmly founded on democratic processes we cannot and dare not risk the loss of fundamental freedoms under the lash of a temporary hysteria.

4. THE BILL IS IMPRACTICABLE

The obvious purpose of the proposed legislation is to minimize the danger of betrayal of this Nation by persons with a greater loyalty to another country than to our own.

In actual operation such legislation would tend to frustrate other and more practicable security measures by reducing the conspicuousness of the genuine spy or saboteur; it would have the effect of giving a true spy or traitor a protective coloration making him more difficult to detect.

5. THE BILL IS TOO INDEFINITE TO BE ENFORCEABLE

If enacted, which I sincerely hope will never occur, the bill is too loosely drawn to be enforceable. There is no statutory or judicial definition of "un-American" and there obviously can be none; the term is impossible of objective definition because, inherently and semantically, it is a subjective adjective which is given meaning only in the mind of the person using it.

Similarly, there is no statutory or judicial definition of the term "subversive." While it is true that an objective definition could be framed for this adjective, it would be difficult because of its subjective connotations, which would make its enforcement difficult if not impossible.

IN SUMMARY

In summary, Mr. Chairman, I repeat that I oppose this and all similar legislation as unwise, impracticable, dangerous, unnecessary, and redundant, and too loosely drawn to be enforced.

FORMAL STATEMENT BY UNITED STATES REPRESENTATIVE ARTHUR G. KLEIN, OF NEW YORK, TO THE COMMITTEE ON UN-AMERICAN ACTIVITIES IN OPPOSITION TO H. R. 7595 OR ANY SIMILAR LEGISLATION

Mr. Chairman and members of the committee, I am opposed to the bill H. R. 7595 to protect the United States against certain un-American and subversive activities, and for other purposes, on the grounds that the bill is too vague, its criminal sanctions too harsh, that it is unnecessary and redundant, that every good purpose which might be served by the bill's enactment is better served by existing legislation and administrative action, and that its other purposes are themselves dangerous and subversive of American democracy.

It is my considered opinion that the mere introduction of this legislation, or any similar legislation, and the dignity given it by formal hearings, is an abject confession of lack of faith in the ideals of democratic living, and appears to me to be a serious effort to introduce totalitarian uniformity of political thinking under the guise of making totalitarianism unlawful.

I am sure that the sponsor of this bill is motivated by a sincere desire to protect the United States against foreign and domestic enemies, which is a meritorious and desirable purpose; but I disagree profoundly with the means. I should like to remind the committee that one of the most brutal tenets in the whole depressing manual of revolutionary communism is that the end justifies the means. This does violence to the modern concept of ethics, and to the basic premises of the democratic way of life.

I feel that the enactment and active enforcement of such legislation would weaken our democracy and destroy that which all of us seek to protect.

With some change in language but with no change in its nature and ultimate ends, this is the measure which I fought in the Eightieth Congress, which I fight today, and which I shall continue to fight.

At the outset, I want it clearly understood that my opposition to all legislation of this kind springs from my own deep faith in the strength of American democracy, and not from any external influence.

1. THE BILL IS REDUNDANT AND UNNECESSARY

Every useful and desirable purpose that could or would be served by the enactment of such legislation already exists in the statutes of the United States or in the explicit powers bestowed on the Chief Executive by the Constitution. Mr. Chairman, I instituted a search of the United States Code for existing law to prove this measure to be duplicative and redundant. I was startled anew to discover with what minute supervision the eighty Congresses which have preceded this one into history have acted to safeguard the security, the dignity, and the sovereignty of this Nation, without violation of the letter or the spirit of the Constitution and the noble principles of representative self-government by majority rule, without threat to the rights of dissident minorities, on which this great Nation has flourished and endured since the Declaration of Independence in 1776.

We found that scarcely a chapter in any title of the code was without some measure of national protection. We found that every useful purpose which might be accomplished by H. R. 7595 or a variation of it is being accomplished under present law, or by Executive action under explicit powers.

Because of the sheer bulk of the notes which resulted from this search, we have reduced the catalog of sections to those of major importance and have prepared the notes in the form of an appendix annexed to this statement; I request that it be included as a part of my statement.

The 1946 edition of the code was used. Even in synopsis form, the resulting citations from titles 8, 18, and 50 are so voluminous that we mentioned some titles only by name and number; and we have skimped on the appendix to title 50 and the supplements issued since 1946, containing enactments subsequent to the general edition.

I was impressed by the fact that with the exception of the quickly repealed Sedition Act of 1798 statutory enactments up to 1939 had studiously refrained from entering the field of thought and association; beginning with the Hatch Act in that year there has been a regrettable tendency to attempt to emulate the Fascist and Communist dictatorships by proscribing "naughty thoughts." The instant bill represents, perhaps, the most startling innovation in that field ever seriously considered by a congressional committee; and I trust sincerely that, as I shall show, the views of the author of the bill on other comparable legislation will prevail here.