LETTER TO HONORABLE J. WALTER YEAGLEY FROM C. P. CABELL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01676R000800030008-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 32
• Document Creation Date: December 15, 2016
• Document Release Date: October 28, 2003
• Sequence Number: 8
• Publication Date: October 9, 1961
• Content Type: LETTER

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:d. 61-8309/a
STAT
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C. P. Cabal
USAF
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2 t C, V 19'31
to your 10t+er *1 20 October MI, 1 have
any information wideh
the Cozet Party of
the Z .4 ress the :. -
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posts for information on
the activities of CP~PA members abroad will be lamed on ,
as in the pact, by .deral f-area. a, of Inv .stigefi . We
e ll co ie a to cir nattoar on this matter to the Bureau.
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STAT
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Attorney General
r Yeagley
31 oct 61 SIG116TURE RECOMMENDED:
Distribution: I - General Counsel: %
0&i - Addressee ---/---
Approved6or anae 2003/12/9
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Chief, CI
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2 NOV 1951
ashinaton D.C.
Departm t of Justice
Assista Attorney General
Walter Yeagle}r
shall contins
as in the past,
the activities of C
20 October. I pre
rnunist Party of
the United Staters ao
we may receive an ho
asked our appropriatewfice
In response t our letter
s matter to the Bureau.
eful for your offer to df s the affects of the
?v n and to address our questions to your this should be
Subvers Activities Control Act on our raatir . I have
asked . Larry Houston, General Course to study the
fSIC7t C
d.. i' . vleabell
General, USAF
20 October 1961, 1 have
d you any information which
ders of the Communist Party of
the 22nd Congress of the C.tm -
Acting Director
STAT
31 oct 61 SIGNATURE RECOMMENDED:
Distribution:
O&1_- Addressee 1 - General Counsel
STAT oved
STAT
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1-COPS k~- 1 1-CI/ 1-CI
use their passports after
*quests for information on
broad will be levied on as.
U Of Investigation. )A. ,e
 ASSI9-rANT ATTORNEY ENERA~ s. ,
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!eittrtx itt of iJu fice
ashirtgtnrt
October 20, 1961
Honorable Allen W. Dulles
Director, Central Intelligence Agency
11ashington 25, D. C.
The order of the Subversive Activities Control
Board requiring the Communist Party to register with the
Attorney General as a Communist-action organization pur-
suant to the provisions of the Subversive Activities
Control Act of 1950 (50 U.S.C. 781, et seq.) becomes final
on October 20, 1961, by virtue of the recent order of the
Supreme Court. Pursuant to Section 13(k) of the Act
(50 U.S.C. 792(k)), the Board will publish, on or about
October 21, 1961, in the Federal Register, the fact that
such order is final.
The numerous disabilities which attach under the
terms of the Act to a person who is a ,Member of the Com-
munist Party are now operative. These disabilities include
ineligibility for employment in the Federal Government and
in defense facilities listed by the Secretary of Defense;
ineligibility to hold office or employment with any labor
organization; ineligibility to receive classified security
information; and disqualification from applying for or
using passports. In addition, the Communist Party as an
organization now must label its public utterances (mail,
radio, television, interstate and foreign transmittals)
and is denied tax exemptions.
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A printed copy of this Act is enclosed. I shall be
glad to be of assistance to you in answering any inquiry
you may have concerning its effect on the operations of
your Agency.
J. WALTER YEAGLEY
Assistant Attorney General
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 Ap
Ap
D ILL C IF T
9LA
TOP AND BOTTOM
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CENTRAL INTELLIGENCE AGENCY
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
DATE
INITIALS
Chief, CI Staff
'11
2
3
4
5
ttit~
6
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
_
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks :
For your information and for preparation
of an appropriate reply for General Cabell's
signature.
ISPENSE: 3?" October 1961
FOLD HERE TO RETURN TO SENDER
ESS AND PHONE NO.
DATE
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0/2+/61
F 2 M610. 237 Use previous editions
(40)
U.S GOVERNMENT PRINTING OFFICE: 1961 0-587282
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[PUBLIC LAw 831-81ST CONGRESS]
[CHAPTER 1024-2D SESSION]
[H. R. 9490]
AN ACT
To protect the United States against certain un-American and subversive activi-
ties by requiring registration of Communist organizations, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Internal Security Act of 1950".
TITLE I-SUBVERSIVE ACTIVITIES CONTROL
SECTION 1. (a) This title may be cited as the "Subversive Activities
Control Act of 1950".
(b) Nothing in this Act shall be construed to authorize, r uire, or
establish military or civilian censorship or in any way to limit or
infringe upon freedom of the press or of speech as guaranteed by the
Constitution of the United States and no regulation shall be promul-
gated hereunder having that effect.
SEc. 2. As a result of evidence adduced before various committees
of the Senate and House of Representatives, the Congress hereby
finds that-
(1) There exists a world Communist movement which, in its
origins, its development, and its present practice, is a world-wide
revolutionary 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
the countries throughout the world through the medium of a
world-wide Communist organization.
(2) The establishment of a totalitarian dictatorship in any
country results in the suppression of all opposition to the party
in power, the 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) The system of government known as a totalitarian dicta-
torship is characterized by the existence of a single political party,
organized on a dictatorial basis, and by substantial identity
between such party and its policies and the government and gov-
ernmental policies of the country in which it exists.
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(4) The direction and control of the world Communist move-
ment 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 pur-
poses of the world Communist movement, establishes or causes
the establishment of, and utilizes, in variou> countries, action
organizations which are not free and independent organizations,
but are sections of a world-wide Communist organization and
are controlled, directed, and subject to the discipline of the Com-
munist dictatorship of such foreign country.
(6) The Communist action organizations .o established and
utilized in various countries, acting under such control, direc-
tion, and discipline, endeavor to carry out the. objectives of the
world Communist movement by bringing about the overthrow
of existing governments by any available means, including force
if necessary, and setting up Communist totalitarian dictatorships
which will be subservient to the most powerful existing Commu-
nist totalitarian dictatorship. Although such organizations
usually designate themselves as political party-s, they are in fact
constituent elements of the world-wide Communist movement
and promote the objectives of such movement by conspiratorial
and coercive tactics, instead of through the democratic processes
of a free elective system or through the freedom-preserving means
employed by a political party which operate:: as an agency by
which people govern themselves.
(7) In carrying on the activities referred to in paragraph (6)
such Communist 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 affiliated 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 "Com-
munist fronts".
(8) Due to the nature and scope of the world Communist move-
ment, with the existence of affiliated constituent elements working
toward common objectives in various countries of the world, travel
of Communist members, representatives, and agents from country
to country facilitates communication and is a prerequisite for the
carrying on of activities to further the purposes of the Com-
munist movement.
(9) In the United States those individuals who knowingly and
willfully participate in the world Communist movement, when
they so p 1rticipate, 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.
(10) In pursuance of communism's stated objectives, the most
powerful existing Communist dictatorship haa, by the methods
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referred to above, already caused the establishment in numerous
foreign countries of Communist totalitarian dictatorships, and
threatens to establish similar dictatorships in still other countries.
(11) The agents of communism have devised clever and ruthless
espionage and sabotage tactics which are carried out in many
instances in form or manner successfully evasive of existing law.
(12) The Communist network in the United States is inspired
and controlled in large part by foreign agents who are sent into
the United States ostensibly as attaches of foreign legations, affili-
ates of international organizations, members of trading commis-
sions,i,and in similar capacities, but who use their diplomatic or
semidiplomatic status as a shield behind which to engage in activ-
ities prejudicial to the public security.
(13) There are, under our present immigration laws, numerous
aliens who have been found to be deportable, many of whom are
in the subversive, criminal, or immoral classes who are free to
roam the country at will without supervision or control.
(14) One device for infiltration by Communists is by procuring
naturalization for disloyal aliens who use their citizenship as a
badge for admission into the fabric of our society.
(15) The Communist movement in the United States is an
organization numbering thousands of adherents, rigidly and ruth-
lessly disciplined. Awaiting and seeking to advance a moment
when the United States may be so far extended by foreign engage-
ments, so far divided in counsel, or so far in industrial or financial
straits, that overthrow of the Government of the United States by
force and violence may seem possible of achievement, it seeks con-
verts far and wide by an extensive system of schooling and indoc-
trination. Such preparations by Communist organizations in
other countries have aided in supplanting existing governments.
The Communist organization in the United States, pursuing its
stated objectives, the recent successes of Communist methods in
other countries, and the nature and control of the world Com-
munist 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, in
order to provide for the common defense, to preserve the sover-
eignty of the United States as an independent nation, and to
guarantee to each State a republican form of government, enact
appropriate legislation recognizing the existence of such world-
wide conspiracy and designed to prevent it from accomplishing
its purpose in the United States.
SEC. 3. For the purposes of this title-
1 The term "person" means an individual or an organization.
2) The term `organization" means an organization, corporation
company, partnership, association, trust, foundation, or fund; ana
includes a group of persons, whether or not incorporated, permanently
or temporarily associated together for joint action on any subject or
subjects.
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(3) The Perm "Communist-action organization" means-
(a) any organization in the United States (ether than a-diplo-
matic representative or mission of a foreign government accredited
as such by the Department of State) which i) is substantially
directed, dominated, or controlled by the foreign government or
foreign organization controlling the world Communist movement
referred to in section 2 of this title, and (ii) operates primarily
to advance the objectives of such worla Communist movement as
referred to in section 2 of this title; and
(b) any section, branch, fraction, or cell of any organization
defined in subparagraph (a) of this paragraph which has not
complied with the registration requirements of this title.
(4) The term "Communist-front organization" means any organi-
zation in the United States (other than a Communist-action organiza-
tion as defined in paragraph (3) of this section) which (A) is
substantially directed, dominated, or controlled by a Communist-
action organization, and (B) is primarily operated for the. purpose
of giving aid and support to a Communist-actioxr organization, a
Communist foreign government, or the world Communist movement
referred to in section 2 of this title.
(5) The term "Communist organization" means a Communist-
action organization or a Communist-front or-ganization.
(6) The term "to contribute funds or services" in ?ludes the render-
ing of any personal service and the making of any' lift, subscription,
loan, advance, or deposit, of money or of anything'of value, and also.
the making of any contract, promise, or agreement t contribute funds
or services, whether or not legally enforcible.
(7) The term "facility" means and plant, facto y or other manu-
facturing, producing or service establishment, airpo#'t, airport facility,
vessel, pier, water-front facility, mine, railroad, pudic utility, labora-
tory, station, or other establishment or facility, or ny art, division,
or department of any of the foregoing. The term .'defense facility"
means any facility designated and proclaimed by the Secretary of
Defense pursuant to section 5 (b) of this title art included on the
list published and currently in effect under such subsection, and
which is in compliance with the provisions of such subsection respect-
ing the posting of notice of such designation.
(8) The term "publication" means any circular,.nnwspaper, periodi-
cal, pamphlet, book, letter, post card, leaflet, or other publication.
(9) 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 Zore.
(10) The term "interstate or foreign commerce" means trade,
traffic, commerce, transportation, or communication (A) between any
State, Territory, or possession of the United Stat=.~s (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 Dis, ritt of Columbia.
(11) The term "Board" means the Subversive Activities Control
Board created by section 12 of this title.
(12) The term "final order of the Board" means an order issued by
the Board under section 13 of this title, which ha.,; become final as
provided in section 14 of this title.
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(13) The term "advocates" includes advises, recommends, furthers
by overt act, and admits belief in;- and the giving, loaning, or promis-
ing of support or of money or anything of value to be used for
advocating any doctrine shall be deemed to constitute the advocating
of such doctrine.
(14) The term "world communism" means a revolutionary move-
ment, the purpose of which is to establish eventually a Communist
totalitarian dictatorship in any or all the countries of the world
through the medium of an internationally coordinated Communist
movement.
(15) The terms "totalitarian dictatorship" and "totalitarianism"
mean and refer to systems of government not representative in fact,
characterized by (A) the existence of a single political party, organ-
ized on a dictatorial basis, with so close an identity between. such party
and its policies and the governmental policies of the country in which
it exists, that the party and the government constitute an indistin-
guishable unit, and (B) the forcible suppression of opposition to such
party.
(16) The term "doctrine" includes, but is not limited to, policies,
practices, purposes, aims, or procedures.
(17) The giving, loaning, or promising of support or of money or
any other thing of value for any purpose to any organization shall be
conclusively presumed to constitute affiliation therewith; but nothing
in this paragraph shall be construed as an exclusive definition of
affiliation.
(18) "Advocating the economic, international, and governmental
doctrines of world communism" means advocating the establishment
of a totalitarian Communist dictatorship in any or all of the countries
of the world through the medium of an internationally coordinated
Communist movement.
(19) "Advocating the economic and governmental doctrines of any
other form of totalitarianism" means advocating the establishment
of totalitarianism (other than world communism) and includes, but
is not limited to, advocating the economic and governmental doctrines
of fascism and nazism.
CERTAIN PROHIBITED ACTS
SEC. 4. (a) It shall be unlawful for any person knowingly to com-
bine, conspire, or agree with any other person to perform any act
which would substantially contribute to the establishment within the
United States of a totalitarian dictatorship, as defined in paragraph
(15) of section 3 of this title, 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:
Provided, however, That this subsection shall not apply to the pro-
posal of a constitutional amendment.
(b) It shall be unlawful for any officer or employee of the United
States or of any department or agency thereof, or of any corporation
the stock of which is owned in whole or in major part by the United
States or any department or agency thereof, to communicate in any
manner or by any means, to any other person whom such officer or
employee knows or has reason to believe to be an agent or representa-
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tive of any foreign government or an officer or member of any Com-
munist organization as defined in paragraph (5) of section 3 of this
title, any information of a kind which shall have been classified by
the President (or by the head of any such department, agency, or
corporation with the approval of the President) as affecting the
security of the United States, knowing or having reason to know
that such information has been so classified, unla ss such officer or
employee shall have been specifically authorized by the President, or
by the head of the department, agency, or corpora? ion by which this
officer or employee is employed, to make such disclosure of such
information.
(c) It. shall be unlawful for any agent or representative of any
foreign government, or any officer or member of any Communist
organization as defined in paragraph (5) of section 3 of this title,
knowingly to obtain or receive, or attempt to obtain or receive, directly
or indirectly, from any officer or employee of the United States or of
any department or agency thereof or of any corporation the stock of
which is owned in whole or in major part by the. United States or
any department or agency thereof any information of a kind which
shall, have been classified by the resident (or by the head of any
such department, agency, or corporation with tb approval of the
President) as affecting the security of the United States, unless special
authorization for such communication shall first1ave been obtained
from the head of the department, agency, or corporation having
custody of or control over such information.
(d) Any person who violates any provision of this section shall,
upon conviction thereof, be punished by a fine of not more than $10,000,
or imprisonment for not more than ten years, or by both such fine and
such imprisoment, and shall, moreover, be thereafter ineligible to hold
any office, or place of honor, profit, or trust created by the Constitution
or laws of the United States.
(e) Any person may be prosecuted, tried, and punished for any vio-
lation of this section at any time within ten years after the commission
of such offense, notwithstanding the provisions of any other statute
of limitations : Provided, That if at the time of th? commission of the
offense such person is an officer or employee of tbi- United States or
of any department or agency thereof, or of any corporation the stock
of which is owned in whole or in major part by tle United States or
any department or agency thereof, such person may be prosecuted,
tried, and punished for any violation of this section at any time within
ten years after such person has ceased to be employed as such officer
or employee.
(f) Neither the holding of office nor membership in any Communist
organization by any person shall constitute per se a violation of subsec-
tion (a) or subsection (c) of this section or of any other criminal
statute. The fact of the registration of any pper on under section 7
or section 8 of this title as an officer or member of any Communist
organization shall not be received in evidence against such person in
any prosecution for any alleged violation of subsea tion (a) or subsec-
tion (c) of this section or for any alleged violation of any other crim-
inal statute.
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EMPLOYMENT OF MEMBERS OF COMMUNIST ORGANIZATIONS
SEC. 5. (a) When a Communist organization, as defined in para-
graph (5) of section 3 of this title, is registered or there is in effect a
final order of the Board requiring such organization to register, it
shall be unlawful-
(1) For any member of such organization, with knowledge or
notice that such organization is so registered or that such order
has become final-
(A) in seeking, accepting, or holding any nonelective office
or employment under the United States, to conceal or fail to
disclose the fact that he is a, member of such organization; or
(B) to hold any nonelective office or employment under the
United States; or
(C) in seeking, accepting, or holding employment in any
defense facility, to conceal or fail to disclose the fact that he
is a member of such organization; or
(D) if such organization is a Communist-action organiza-
tion, to engage in any employment in any defense facility.
(2) For any officer or employee of the United States or of any
defense facility, with knowledge or notice that such organization
is so registered or that such order has become final-
(A) to contribute funds or services to such organization; or
(B) to advise, counsel or urge any person, with knowledge
or notice that such person is a member of such organization,
to perform, or to omit to perform, any act if such act or
omission would constitute a violation of any provision of sub-
paragraph (1) of this subsection.
(b) The Secretary of Defense is authorized and directed to designate
and proclaim, and from time to time revise, a list of facilities, as
defined in paragraph (7) of section 3 of this title, with respect to the
operation of which he finds and determines that the security of the
United States requires the application of the provisions of subsection
(a) of this section. The Secretary shall cause such list as designated
and proclaimed, or any revision thereof, to be promptly published in
the Federal Register, and shall promptly notify the management of
any facility so listed; whereupon such management shall immediately
post conspicuously, and thereafter while so listed keep posted, notice
of such designation in such form and in such place or places as to give
reasonable notice thereof to all employees of, and to all applicants for
employment in, such facility.
(c) As used in this section, the term "member" shall not include any
individual whose name has not been made public because of the pro-
hibition contained in section 9 (b) of this title.
DENIAL OF PASSPORTS TO MEMBERS OF COMMUNIST ORGANIZATIONS
SEC. 6. (a) When a Communist organization as defined in paragraph
(5) of section 3 of this title is registered, or there is in effect a final
order of the Board requiring such organization to register, it shall be
unlawful for any member of such organization, with knowledge or
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notice that such organization is so registered or that such order has
become final-
(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) to use or attempt to use any such passport.
order of the Board requiring an organization to register, as a Com-
munist-action organization, 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 or having reason to believe that
such individual is a member of such organization.
(c) As used in this section, the term "member" shall not include any
individual whose name has not been made public because of the pro-
hibition contained in section 9 (b) of this title.
REGISTRATION AND ANNUAL REPORTS OF COMMUNIST ORGANIZATIONS
SEC. 7. (a) Each Communist-action organization (including any
organization required, by a final order of the Board, to register as a
Communist-action 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-action
organization.
(b) Each Communist-front organization (including any organiza-
tion required, by a final order of the Board, 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 Vre-
scribed by him by regulations, as a Communist-front organization.
(c) The registration required by subsection (a) or (b) shall be
made-
(1) in the case of an organization which is a Communist-action
organization or a Communist-front organization on the date of
the enactment of this title, within thirty days after such date;
(2) in the case of an organization becoming a Communist-
action organization or a Communist-front. organization after the
date of the enactment of this title, within. thirty days after such
organization becomes a Communist-action 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
Board is required to register, within thirty days after such order
becomes final.
(d) The registration made under subsection (it) or (b) shall be
accompanied by a registration statement, to be prepared and filed in
such manner and form as the Attorney General sbalhby regulations
prescribe, containing the following information :
(1) The name of the organization and the address of its princi-
pal office.
(2) The name and last-known address of each individual who
is at the time of filing of such registration statement, and of each
individual who was at any time during the period of twelve full
calendar months next preceding the filing of such statement, an
officer of the organization, with the designation or title of the
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9 IPuB. LAW 831.)
office so held, and with a brief statement of the duties and func-
tions 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 next preceding the filing of
such statement.
(4) In the case of a Communist-action organization, the name
and last-known 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.
(5) In the case of any officer or member whose name is required
to be shown in such statement, and who uses or has used or who
is or has been known by more than one name, each name which
such officer or member uses or has used or by which he is known
or has been known.
(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 Feb-
ruary 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) (1) It shall be the duty of each organization registered under
this section to keep, in such manner and form as the Attorney Gen-
eral shall by regulations prescribe, accurate records and accounts of
moneys received and expended (including the sources from which
received and purposes for which expended) by such organization.
(2) It shall be the duty of each Communist-action organization
registered under this section to keep, in such manner and form as the
Attorney General shall by regulations prescribe, 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.
(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 an officer or 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 listed; and
such notification shall be sent at the earliest practicable time after
the filing of such registration statement or annual report. Upon
written request of any individual so notified who denies that he holds
any office or membership (as the case may be) in such organization,
the Attorney General shall forthwith initiate and conclude at the
earliest practicable time an appropriate investigation to determine the
truth or falsity of such denial, and, if the Attorney General shall be
satisfied that such denial is correct, he shall thereupon strike from
such registration statement or annual report the name of such indi-
vidual. If the Attorney General shall decline or fail to strike the
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name of such individual from such registration statement or annual
report within five months after receipt of such written request, such
individual may file with the Board a petition for relief pursuant to
section 13 (b) of this title.
(h) In the case of failure on the part of any organization to register
or to file any registration statement or annual report as required by
this section, it shall be the duty of the executive officer (or individual
performing the ordinary and usual duties of an executive officer) and
of the secretary (or individual performing the ordinary and usual
duties of a secretary) of such organization, and, of such officer or
officers of such organization as the Attorney Gent=ral shall by regu-
lations prescribe, to register for such organization, to file such regis-
tration statement, or to file such annual report, as the case may be.
REGISTRATION OF MEMBERS OF COMMUNIST-ACTION ORGANIZATIONS
SEC. 8. (a) Any individual who is or becomes a member of any
organization concerning which (1) there is in effect a final order of
the Board requiring suchorganization to register under section 7 (a)
of this title as a Communist-action organization, (2) more than thirty
days have elapsed since such order has become fi al, and (3) such
organization is not registered under section 7 of tYis title as a Com-
munist-action organization, shall within sixty day3 after said order
has become final, or within thirty days after becoming a member of
such organization, whichever is later, register with the Attorney
General as a member of such organization.
(b) Each individual who is or becomes a member of any organiza-
tion which he knows to be registered as a Communist-action organiza-
tion under section 7 (a) of this title, but to have fa'led to include his
name upon the list of members thereof filed with the Attorney General,
pursuant to the provisions of subsections (d) and (e) of section 7 of
this title, shall, within sixty days after he shall have obtained such
knowledge, register with the Attorney General as a member of such
organization.
(c) The registration made by any individual under subsection (a)
or (b) of this section shall be accompanied by arregistration state-
ment to be prepared and filed in such manner and form, and contain-
ing such information, as the Attorney General shill by regulations
prescribe.
KEEPING OF REGISTERS ; PUBLIC INSPECTION ; REPORTS TO PRESIDENT AND
CONGRESS
SEC. 9. (a) The Attorney General shall keep and maintain sepa-
rately in the Department of Justice-
(1) a "Register of Communist-Action Organizations", which
shall include (A) the names and addresses of all Communist-
action organizations registered under section 7, (B) the registra-
tion statements and annual reports filed by such organizations
thereunder, and (C) the registration statements filed by indi-
viduals under section 8; and
(2) a "Register of Communist-Front Organizations", which
shall include (A) the names and addresses of a Communist-front
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11 IPUB. LAW 83L1
organizations registered under section 7, and (B) the registration
statements and annual reports filed by such organizations
thereunder.
(b) Such registers shall be kept and maintained in such manner as
to be open for public inspection : Provided, That the Attorney General
shall not make public the name of any individual listed in either such
register as an officer or member of any Communist organization until
sixty days shall have ela sed after the transmittal of the notification
required by section 7 (g to be sent to such individual, and if prior
to the end of such perio such individual shall make written request
to the Attorney General for the removal of his name from any such
list, the Attorney General shall not make public the name of such
individual until six months shall have elapsed after receipt of such
request by the Attorney General, or until thirty days shall have elapsed
after the Attorney General shall have denied such request and shall
have transmitted to such individual notice of such denial, whichever
is earlier.
(c) The Attorney General shall submit to the President and to the
Congress on or before June 1 of each year (and at any other time
when requested by either House by resolution) a report with respect
to the carrying out of the provisions of this title, including the names
and addresses of the organizations listed in such registers and (except
to the extent prohibited by subsection (b) of this section) the names
and addresses of the individuals listed as members of such
organizations.
(d) Upon the registration of each Communist organization under
the provisions of this title, the Attorney General shall publish in the
Federal Register the fact that such organization has registered as a
Communist-action organization, or as a Communist-front organization,
as the case may be, and the publication thereof shall constitute notice
to all members of such organization that such organization has so
registered.
USE OF TIIE MAILS AND INSTRUMENTALITIES OF Ii' TERSTATE OR FOREIGN
COMMERCE
SEc. 10. It shall be unlawful for any organization which is registered
under section 7, or for any organization with respect to which there is
in effect a final order of the Board requiring it to register under section
7, or for any person acting for or on behalf of any such organization-
(1) to transmit or cause to be transmitted, through the United
States mails or by any means or instrumentality of interstate or
foreign commerce, any publication which is intended to be, or
which it is reasonable to believe is intended to be, circulated or
disseminated among two or more persons, unless such publication,
and any envelope, wrapper, or other container in which it is
mailed or otherwise circulated or transmitted, bears the following,
printed in such manner as may be provided in regulations pre-
scribed by the Attorney General, with the name of the organization
appearing in lieu of the blank : "Disseminated by ,
a Communist organization" ; or
(2) to broadcast or cause to be broadcast any matter over any
radio or television station in the United States, unless such matter
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,(Pus. Lew 831.1 12
is preceded by the following statement, with the name of the
organization being stated in place of the blank : "The following
program is sponsored by , a Commmniist organization'.
SEc. 11. (a) Notwithstanding any other provision of law, no deduc-
tion for Federal income-tax purposes shall be allowed in the ease of
a contribution to or for the use of any organization if at the time of
the making of such contribution (1) such organization is registered
under section 7, or (2) there is in effect a final order of the Board
requiring such organization to register under section 7.
(b) No organization shall be entitled to exemption from Federal
income tax, under section 101 of the Internal Revenue Code, for any
taxable year if at any time during such taxable year (1) such organ-
ization is registered under section 7, or (2) there is in effect a Rfina1
order of the Board requiring such organization to register under
section 7.
SEC. 12. (a) There is hereby established a boavd, to be known as
the Subversive Activities Control Board, which shall be composed of
five members, who shall be appointed by the President, by and with
the advice and consent of the Senate. Not more than three members
of the Board shall be members of the same political party. Two of
the original members shall be appointed for a tern of one year, two
for a term of two years, and one for a term of three years, but their
successors shall be appointed for terms of three years each, except
that any individual chosen to fill a vacancy shall be appointed only
for the unexpired term of the member whom he shall succeed. The
President shall designate one member to serve as Chairman of the
Board. Any member of the Board may be removed by the President,
upon notice and hearing, for neglect of duty or malfeasance in office,
but for no other cause.
(b) A vacancy in the Board shall not impair the right of the remain-
ing members to exercise all the powers of the Board, and three mem-
bers of the Board shall, at all times, constitute a quorum. The Board
shall have an official seal which shall be judicially noticed.
(c) The Board shall at the close of each fiscal wear make a report
in writing to the Congress and to the President stating in detail the
cases it has heard, the decisions it has rendered, the names, salaries,
and duties of all employees of the Board, and an account of all
moneys it has disbursed.
(d) Each member of the Board shall receive a salary of $12,500 a
year, shall be eligible for reappointment, and shat' not engage in. any
other business, vocation, or employment.
(e) It shall be the duty of the Board-
(1) upon application made by the Attorney General under
section 13 (a) of this title, or by any organization under section
13 (b) of this title, to determine whether any organization is a
"Communist-action organization" within the meaning of para-
graph (3) of section 3 of this title, or a " Communist-front organi-
zation" within the meaning of paragraph (4) of section 3 of this
title ; and
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(2) upon application made by the Attorney General under sec-
tion 13 (a) of this title, or by any individual under section 13 (b)
of this title, to determine whether any individual is a member of
any Communist-action organization registered, or by final order
of the Board required to be registered, under section 7 (a) of this
title.
(f) Subject to the civil-service laws and Classification Act of 1949
the Board may appoint and fix the compensation of a chief clerk and
such examiners and other personnel as may be necessary for the per-
formance.of its functions.
(g) The Board may make such rules and regulations, not incon-
sistent with the provisions of this title, as may be necessary for the
performance of its duties.
(h) There are hereby authorized to be appropriated to the Board
such sums as may be necessary.to carry out its functions.
SEC. 13. (a) Whenever the. Attorney General shall have reason to
believe that any organization which has not registered under sub-
section (a) or subsection (b) of section 7 of this title is in fact an
organization of a kind required to be registered under such sub-
section, or that any individual who has not registered under section
S of this title is in fact required to register under such section, he
shall file with the Board and serve upon such organization or indi-
vidual a petition for an order requiring such organization or indi-
vidual to register pursuant to such subsection or section, as the case
may be. Each such petition shall be verified under oath, and shall
contain a statement of the facts upon which the Attorney General
relies in support of his prayer for the issuance of such order.
(b) Any organization registered under subsection (a) or subsec-
tion (b) of section 7 of this title, and any individual registered under
section 8 of this title, may, not oftener than once in each calendar
year, make application to the Attorney General for the cancellation
of such registration and (in the case of such organization) for relief
from obligation to make further annual reports. Within sixty days
after the denial of any such application by the Attorney General, the
organization or individual concerned may file with the Board and
serve upon the Attorney General a petition for an order requiring
the cancellation of such registration and (in the case of such organ-
ization) relieving such organization of obligation to make further
annual reports. Any individual authorized by section 7 (g) of this
title to file a petition for relief may file with the Board and serve
upon the Attorney General a petition for an order requiring the
Attorney General to strike his name from the registration state-
ment or annual report upon which it appears.
(c) Upon the filing of any petition pursuant to subsection (a) or
subsection (b) of this section, the Board (or any member thereof or.
any examiner designated thereby) may hold hearings, administer oaths
and affirmations, may examine witnesses and receive evidence at any
place in the United States, and may require by subpena the attendance
and testimony of witnesses and the production of books, papers, cor-
respondence, memoranda, and other records deemed relevant, to the
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matter under inquiry. Subpenas may be signed and issued by any
member of the Board or any duly authorized examiner. Subpenas
shall be issued on behalf of the organization. or the individual who
is a party to the proceeding upon request and upon a statement or
showing of general relevance and reasonable scope of the evidence
sought. Such attendance of witnesses and the production of such
documentary evidence may be required from any place in the United
States at any designated place of hearing. Witnesses summoned shall
be paid the same fees and mileage paid witnesses ii:. the district courts
of the United States. In case oFdisobedience to a .r?ubpena, the Board
may invoke the aid of any court of the United Stales inrequiring the
attendance and testimony of witnesses and the production of docu-
mentary evidence. Any of the district courts of the United States
within the jurisdiction of which such inquiry is carried on may, in
case of contumacy or refusal to obey a subpena is{_ued to any person,
issue an order requiring such person to appear (arid to produce docu-
mentary evidence if so ordered) and give evidence relating to the
matter in question; and any failure to obey such order of the court
may be punished by such court as a contempt thereof. All process
in any such case may be served in the judicial district whereof such
person is an inhabitant or wherever he may be fours#. No person shall
be held liable in any action in any court, State or Federal, for any
damages resulting from (1) his production of any documentary evi-
dence in any proceeding before the Board if he is required, by a sub-
pena issued under this subsection, to produce thi,, evidence; or (2)
any statement under oath he makes in answer to a question he is asked
while testifying before the Board in response to a subpena issued
under this subsection, if the statement is pertinent to the question.
(d) (1) All hearings conducted under this sectim shall be public.
Each party to such proceeding shall have the right to present its case
with the assistance of counsel, to offer oral or documentary evidence,
to submit rebuttal evidence, and to conduct such cross-examination
as may be required for a full and true disclosure of the facts. An
accurate stenographic record shall be taken of the testimony of each
witness, and a transcript of such testimony shall be filed in the office
of the Board.
(2) Where an organization or individual declineE- or fails to appear
at a hearing accorded to such organization or individual by the Board
pursuant to this section, the Board may, without further proceedings
and without the introduction of any evidence, enter an order requiring
such organization or individual to register or denying the application
of such organization or individual, as the case may he. Where in the
course of any hearing before the Board or any e: aminer thereof a
party or counsel is guilty of misbehavior which obs ructs the hearing,
such party or counsel may be excluded from further participation in
the hearing.
(e) In determining whether any organization : is a "Communist-
action organization", the Board shall take into consWeration-
(1) 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 organ-
ization in which is vested, or under the domint Lion or control of
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15 troa. rAW eat
which is exercised, the direction and control of the world Com-
munist movement referred-to in section 2 of this title; and
(2) the extent to which its views and policies do not deviate
from those of such foreign government or foreign organization;
and
(8) 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; and
(4) 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;
and
(5) the extent to which it reports to such. foreign government or
foreign organization or to its representatives; and
(6) the extent to which its principal leaders or a substantial
number of its members are subject to or recognize the discipli-
nary power of such foreign government or foreign organization
or its representatives; and
(7) the extent to which, for the purpose of concealing foreign
direction, domination, or control, or of expediting or promoting
its objectives, (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 mem-
bership 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 other-
wise operates on a secret basis; and
(8) the extent to which its principal leaders or a substantial
number of its members consider the allegiance they owe to the
United States as subordinate to their obligations to such foreign
government or foreign organization.
(f In determining whether any organization is a "Communist-
front organization", the Board shall take into consideration-
(1) the extent to which persons who are active in its manage-
ment, direction, or supervision, whether or not holding office
therein, are active in the management, direction, or supervision
of, or as representatives of, any Communist-action organization,
Communist foreign government, or the world Communist move-
ment referred to in section 2; and
(2) the extent to which its support, financial or otherwise, is
derived from any Communist-action organization, Communist
foreign government, or the world Communist movement referred
to in section 2; and
(3) the extent to which its fundst resources, or personnel are
used to further or promote the objectives of any Communist-
action organization, Communist foreign government, or the world
Communist movement referred to in section 2; and
(4) the extent to which the positions taken or advanced by it
from time to time on matters of policy do not deviate from those
of any Communist-action organization, Communist foreign gov-
ernment, or the world Communist movement referred to in
section 2.
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(g) If, after hearing upon a petition filed undei subsection (a) of
this section, the Board determines-
(1) that an organization is a Communist-a -tion organization
or a Communist-front organization, as the ca-e. may be, it shall
make a report in writing in which it shall. state its findings as to
the facts and shall issue and cause to be served on such organiza-
tion an order requiring such organization to register as such under
section 7 of this title; or
(2) that an individual is a member of a Communist-action
organization (including an organization required by final order
of the Board to register under section 7 (a), it shall make a
report in writing in which it shall state its fin ngs as to the facts
and-shall issue and cause to be served on such individual an order
requiring him to register as such under section 8 of this title.
(h) If, after hearing upon a petition filed under subsection (a) of
this section, the Board determines-
(1) that an organization is not a Comnnm, t-action organiza-
tion or a Communist-front organization, as the case may be, it
shall make a report in writing in which it shall state its findings
as to the facts; issue and cause to be served upon the Attorney
General an order denying his petition for an or=ler requiring such
organization to register as such under section of this title; and
send a copy cf such order to such organization; cr
(2) that an individual is not a member of any Communist-
action organization, it shall make a report in ti riting in which it
shall state its findings as to the facts; issue and cause to be served
upon the Attorney General an order denying )yis petition for an
order requiring such individual to register as siich member under
section 8 of this title; and send a copy of $ ieh order to such
individual.
Si' If, after hearing upon a petition filed under subsection (b) of
this section, the Board determines-
(1) that an organization is not a Commun rmbers of the organiza-
tion in behalf of any plan or enterprise of the it rganization;
(7) Has been accepted to his knowledge a w an officer or member
of the organization or as one to be called upo,i for services by other
officers or members of the organization;
(8) Has written, spoken or in any other vay communicated by
signal, semaphore, sign, or in any other f trm of communication
68 Stat. 776. orders, directives, or plans of the organization
68 Stat. 777. a ared documents, pamphlets leaflets, books, or any
other type of publication in behalf of the objectives and purposes
of the organization;
(10) Has mailed, shipped, circulated, distributed, delivered, or in
any other way sent or delivered to others n=aterial or propaganda
of any kind in behalf of the organization;
(11) Has advised, counseled or in any other ;ray imparted informa-
tion, suggestions, recommendations to officer.S or members of the
organization or to anyone else in behalf of the objectives of the or-
(>anization;
(12) Has indicated by word, action. con&rct, writing or in any
other way a willingness to carry out in any miauner and to any degree
the plans, designs, objectives, or purposes oft he organization ;
(13) Has in any other way participated hit lie activities, planning,
actions, objectives, or purposes of the organize- ion;
(14) The enumeration of the above subjectl-; of evidence on mem
bership or participation in the Communist 'arty or any other or-
ganization as above defined, shall not limit the inquiry into and
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consideration of any other subject of evidence on membership and
participation as herein stated.
SUBVERSIVE ACTIVITIES CONTROL ACT AMENDMENT
SEC. 6. Subsection 5 (a) (1) of the Subversive Activities Control unlawful aot.
Act of 1950 (50 U. S. C. 784) is amended by striking out the period at 64 Stat. 992.
the end thereof and inserting in lieu thereof a semicolon and the
following: "or
"(E) to hold office or employment with any labor organization,
as that term is defined in section 2 (5) of the National Labor
Relations Act, as amended (29 U. S. C. 152)? or to represent 61 Stat. 138.
any employer in any matter or proceeding arising or pending
under that Act."
SEC. 7. (a) Section 3 of the Subversive Activities Control Act of Definitions.
1950 (50 U. S. C. 782) is amended by inserting, immediately after
paragraph (4) thereof, the following new paragraph :
"(4A) The term `Communist-infiltrated organization' means any
organization in the United .States (other than a Communist-action
organization or a Communist-front organization) which (A) is sub-
stantially directed, dominated, or controlled by an individual or indi-
viduals who are, or who within three years have been actively engaged
in, giving aid or support to a Communist-action organization, a Coin-
niunist foreign overiunent, or the world Communist movement
referred to in section 2 of this title, and (B) is serving, or within three
years has served, as a means for (i) the giving of aid or support to
any such organization, government, or movement, or (ii) the impair-
ment of the military strength of the United States or its industrial
capacity to furnish logistical or other material support required by
its Armed Forces: Provided, however That any labor organization
which is an affiliate in good standing of a national federation or other
labor organization whose policies and activities have been directed to
opposing Communist organizations, any Communist foreign govern-
inent, or the world Communist movement, shall be presumed prima
facie not to be a `Communist-infiltrated organization'."
(b) Paragraph (5) of such section is amended to read as follows: 68 Stat. 777.
"(5) The term `Communist organization' means any Communist- 168 Stat. 778.
action organization, Communist-front organization, or Communist-
infiltratec organization."
(c) Subsections 5 (c) and 6. (c) of such Act are repealed. Repeals.
SEC. 8. (a) Section 10 of such Act (50 U. S. C. 789) is amended 50 USC 784(o),
by inserting, immediately after the words "final order of the Board 785(o).
requiring it to register under section 7", the words "or determining Mailing require-
that it is a Coin munist-infiltrated organization". ments, eto.
(b) Subsections (a) and (b) of section 11 of such Act (50 U. S. C. Taxes.
790) are amended by inserting immediately preceding the period at
the end of each such subsection, the following: "or determining that
it is a Communist-infiltrated organization".
SEC. 9. (a) Subsection 12 (e) of such Act (50 U. S. C. 791) is Subversive Ao-
amended by- tivities Control
(1) striking out the period at the end thereof and inserting in Board.
lieu thereof a semicolon and the word "and"; and
(2) inserting at the end thereof the following new paragraph:
"(3) upon any application made under subsection (a) or sub-
section (b) of section 13A of this title, to determine whether any
organization is a Communist-infiltrated organization."
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(b) The section caption to section 13 of sugl+ Act. (50 U. S. C. 792)
is amended to read as follows: "REGISTRA,'IIONIaOCEEDINGS BEFORE THE
BOARD"
SEC. 10. Such Act is amended by inserting, in inediately after section
13 thereof, the following new section :
"PROCEEDINGS WITH RESPECT TO COMMUNIST-INFILTIIATI:n
ORGANIZATIONS
"SEC. 13A. (a) Whenever the Attorney General has reason to
believe that any organization is a Communist-iiiiltrated organization,
he may file with the Board and serve upon such organization a peti-
tion for a determination that such organizatiOnt is a Communist-nnfil-
trated organization. In any proceeding so h stituted, two or more
affiliated organizations may be named as joint rt spon dents. Whenever
any such petition is accompanied by a certificat of the Attorney Gen-
eral to the effect that the proceeding so institute d is one of exceptional
public importance, such proceeding shall be -yet for hearing at the
earliest possible time and all proceedings them!n before the Board or
any court shall, be expedited to the greatest pra < ticable extent.
"(b) Any organization which has been Bete mined under this sec-
tion to be a Communist-infiltrated organiztion may, within six
months after such determination, file with the Board and serve upon
the Attorney General a petition for a determi tion that such organ-
ization no longer is a Communist-infiltrated oranization.
"(c) Each such petition shall be verified unaor oath, and sliall con-
tain a statement of the facts relied upon in support thereof. Upon
the filing of any such petition, the Board shall serve upon each party
to such proceeding a notice specifying the time and place for hearing
upon such petition. No such hearing Shall be conducted within
twenty days after the service of such notice.
"(d) The provisions of subsections (c) and, d) of section 13 shall
apply to hearings conducted under this section except that upon the
failure of any organization named as a party in any petition filed
by or duly served upon it pursuant to t.11 is set?tion to appear at any
hearing upon such petition, the Board may cp +duct such hearing in
the absence of such organization and may eater such order under
this section as the Board sliall determine to be` .-arranted by evidence
presented at such hearing.
Evidence for "(e) In determining whether any organization is a Communist-
determination. infiltrated organization, the Board shall consi:Tr-
68 stat. 718. "(1) to what extent, if any, the effectie management of the
6a at. 7779. a airs o such organization is conducted be one or more individ-
uals who are, or within two years have been, (A) members,
agents, or representatives of any Comm( ist. organization, and
Communist foreign government, or the wjirld Communist move-
ment referred to in section 2 of this title,pa ith knowledge of the
nature and purpose thereof, or (B) engti=ed in giving aid or
support to any such organization, governn c tit, or movement with
knowledge of the nature and purpose the y, of;
"(2) to what extent, if any, the policies of such organization
are, or within three years have been, f6i niulated and carried
out pursuant to the direction or advice ofiny member, agent, or
representative of any such organizations, 'overnment, or move-
ment;
"(3) to what extent. if any, the personnel and resources of such
organization are, or within three years hay( been, used to further
or promote the objectives of any such Communist organization,
government, or movement;
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~ r - ~i~OL
"(4) to what extent, if any, such organization within three
years has received from, or furnished to or for the use of, any
such Communist organization, government, or movement any
funds or other material assistance;
"(5) to what extent, if any, such organization is, or within three
years has been, affiliated in any way with any such Communist
organization, government, or movement;
"(6) to what extent, if any, the affiliation of such organization,
or of any individual or individuals who are members thereof or
who manage its affairs, with any such Communist organization,
government, or movement is concealed from or is not disclosed
to the membership of such organization; and
"(7) to what extent, if any, such organization or any of its mem-
bers or managers are, or within three years have been, knowingly
engaged-
"(A) in any conduct punishable under section 4 or 15 of
this Act or under chapter 37, 105, or 115 of title 18 of the 62 Stat. 736,
United Stites Code; or 797, 807,
"(B) with intent to impair the military strength of the
United States or its industrial capacity to furnish logistical
or other support required by its armed forces, in any activity
resulting in or contributing to any such impairment.
"(f) After hearing upon any petition filed under this section, the
Board shall (1) make a report in writing in which it. shall state its
findings as to the facts and its conclusions with respect to the issues
presented by such petition, (2) enter its order granting or denying
the determination sought by such petition, and (3) serve upon eac
party to the proceeding a copy of such order. Any order granting
any determination on the question whether any organization is a
Communist-infiltrated organization shall become final as provided
in section 14 (b) of this Act.
"(g) When any order has been entered by the Board under this sec-
tion with respect to any labor organization or employer (as these terms
are defined by section 2 of the National Labor Relations Act, as 61 Stat. 138.
amended, and which are organizations within the meaning of section 3 29 USC 152.
of the Subversive Activities Control Act of 1950), the Board shall 50 USC 782.
serve a true and correct copy of such order upon the National Labor
Relations Board and shall publish in the Federal Register a statement
of the substance of such order and its effective date.
"(h) When there is in effect a final order of the Board determining
that any such labor organization is a Communist-action organization,
a Communist-front organization, or a Communist-infiltrated organi-
zation, such labor organization shall be ineligible to- 68 Stat. 779.
"(1) act as representative of any enip oyee wit in the meaning 6 Sta . 78 .
or for the purposes of section 7 of the National Labor Relations
Act, as amended (29 U. S. C. 157) ;
"(2) serve as an exclusive representative of employees of any
bargaining unit under section 9 of such Act, as amended (29
U. S. C. 159) ;
"(3) make, or obtain any hearing upon, any charge under sec-
tion 10 of such Act (29 U. S. C. 160) ; or
"(4) exercise any other right or privilege, or receive any other
benefit, substantive or procedural, provided by such Act for labor
organizations.
"(i) When an order of the Board determining that any such labor
organization is a Communist-infiltrated organization has become final,
and such labor organization theretofore has been certified under the
National Labor Relations Act, as amended, as a representative of 29 use 167.
employees in any bargaining unit-
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Pub. Law 37 All 68 Stat. 780.
a question of representation affer-ting commerce, within
29 use 159. the meaning of section 9 (c) of such Act, -hail be deemed to exist
with respect to such bargaining unit ; air=i.
"(2) the National Labor Relations B