United States Code

the Board, making copies of all public proceedings and hearings before the Board available to any person upon request, and providing for reports to the President and Congress by the Board for provisions which required the Attorney General to keep and maintain separate Registers of Communist-action and Communist-front organizations, made such registers available for public inspection, and provided for reports to the President and Congress by the Attorney General and the publication of the fact of registration in the Federal Register.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 784, 792, 792a of this title.

APPLICATION TO COMMUNIST PARTY MEMBERS Application of this section to members of the Communist Party and other subversive organizations, see section 843 of this title, and References in Text note under that section.

CROSS REFERENCES

Publication in Federal Register as presumption of validity, see section 1507 of Title 44, Public Printing and Documents.

§ 789. Use of mails and instrumentalities of interstate or foreign commerce.

It shall be unlawful for any organization with respect to which there is in effect, a final order of the Board determining it to be a Communist organization as defined in paragraph (5) of section 782 of this title, or for any person with knowledge or notice of such final order acting for 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 prescribed by the Attorney General: "Disseminated by

(with the name of the organization in lieu of the blank) "an organization determined by final order of the Subversive Activities Control Board to be a Communist-___ organization" (setting forth in lieu of the blank whether action, front, or infiltrated, as the case may be); or

(2) to broadcast or cause to be broadcast any matter over any radio or television station in the United States, unless such matter is preceded by the following statement: "The following program is sponsored by .," (with the name of the organization in lieu of the blank) "an organization determined by final order of the Subversive Activities Control Board to be a Communistorganization" (setting forth in lieu of the blank whether action, front, or infiltrated, as the case may be); or

(3) to use the United States mails or any means, facility, or instrumentality of interstate or foreign commerce, including but not limited to radio and television broadcasts, to solicit any money, property, thing, or service, unless such solicitation if made orally is preceded by the following statement, and if made in writing or in

print is preceded by the following written or printed statement: "This solicitation is made for or on behalf of ," (with

the name of the organization in lieu of the blank) "an organization determined by final order of the Subversive Activities Control Board to be a Communistorganization" (setting

forth in lieu of the blank whether action, front, or infiltrated, as the case may be). (Sept. 23, 1950, ch. 1024, title I, § 10, 64 Stat. 996; Aug. 24, 1954, ch. 886, § 8(a), 68 Stat. 778; Jan. 2, 1968, Pub. L. 90-237, § 7, 81 Stat. 766.)

AMENDMENTS

1968-Opening par. Pub. L. 90-237 substituted "any organization with respect to which there is in effect a final order of the Board determining it to be a Communist organization as defined in paragraph (5) of section 782 of this title" for "any organization which is registered under section 786 of this title, or for any organization with respect to which there is in effect a final order of the Board requiring it to register under said section or determining that it is a Communist-infiltrated organization", and inserted "with knowledge or notice of such final order" following "any person".

Par. (1). Pub. L. 90-237 substituted "Disseminated by -,' (with the name of the organization in lieu of the blank) 'an organization determined by final order of the Subversive Activities Control Board to be a Communistorganization' (setting forth in lieu of the blank whether action, front, or infiltrated, as the case may be)" for "with the name of the organization appearing in lieu of the blank: 'Disseminated by munist organization'."

-, a Com

Par. (2). Pub. L. 90-237 substituted ""The following program is sponsored by (with the name of the organization in lieu of the blank) 'an organization determined by final order of the Subversive Activities Control Board to be a Communist-organization' (set

ting forth in lieu of the blank whether action, front, or infiltrated, as the case may be)" for "with the name of the organization being stated in place of the blank: "The following program is sponsored by a Communist organization'."

Par. (3). Pub. L. 90-237 added par. (3). 1954 -Act Aug. 24, 1954, in opening par., inserted "or determining that it is a Communist-infiltrated organization".

CROSS REFERENCES

Penalties for violation of this section, see section 794 (c) of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 794 of this title. § 790. Denial of tax deductions and exemptions.

(a) Notwithstanding any other provision of law, no deduction for Federal income tax purposes shall be allowed in the case of a contribution to or for the use of any organization if at the time of the making of such contribution there is in effect a final order of the Board determining such organization to be a Communist-action, Communist-front, or Communist-infiltrated organization.

(b) No organization shall be entitled to exemption from Federal income tax, under section 501 of Title 26, for any taxable year if at any time during such taxable year there is in effect a final order of the Board determining such organization to be a Communist-action, Communist-front, or Communistinfiltrated organization. (Sept. 23, 1950, ch. 1024,

title I, § 11, 64 Stat. 996; Aug. 24, 1954, ch. 886, § 8 (b), 68 Stat. 778; Jan. 2, 1968, Pub. L. 90-237, § 8, 81 Stat. 767.)

AMENDMENTS

1968 Subsec. (a). Pub. L. 90-237 substituted "there is in effect a final order of the Board determining such organization to be a Communist-action. Communistfront, or Communist-infiltrated organization" for "(1) such organization is registered under section 786 of this title, or (2) there is in effect a final order of the Board requiring such organization to register under section 786 of this title or determining that it is a Communistinfiltrated organization".

Subsec. (b). Pub. L. 90-237 substituted "section 501 of Title 26" for "section 101 of Title 26" and "there is in effect a final order of the Board determining such organization to be a Communist-action, Communist-front or Communist-infiltrated organization" for "(1) such organization is registered under section 786 of this title, or (2) there is in effect a final order of the Board requiring such organization to register under section 786 of this title or determining that it is a Communistinfiltrated organization".

1954 Subsecs. (a) and (b). Act Aug. 24, 1954, inserted "or determining that it is a Communist-infiltrated organization" at the end of each of those subsections.

§ 791. Subversive Activities Control Board.

(a) Creation; membership; designation of Chairman; removal.

There is established a board, 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. The terms of office of the members of the Board in office on August 5, 1955, shall expire at the time they would have expired if such Act had not been enacted. The term of office of each member of the Board appointed after August 5, 1955, shall be for five years from the date of expiration of the term of his predecessor, except that (1) the term of office of that member of the Board who is designated by the President and is appointed to succeed one of the two members of the Board whose terms expire on August 9, 1955, shall be for four years from the date of expiration of the term of his predecessor, and (2) the term of office of any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be for the remainder of the term of his predecessor. Upon the expiration of his term of office a member of the Board shall continue to serve until his successor shall have been appointed and shall have qualified. 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) Vacancies; powers of remaining members; quorum; official seal; judicial notice.

A vacancy in the Board shall not impair the right of the remaining members to exercise all the powers of the Board, and three members of the Board shall, at all times, constitute a quorum. The

Board shall have an official seal which shall be judicially noticed.

The Board shall at the close of each fiscal year 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) Right of reappointment; ineligibility to engage in other business.

Each member of the Board shall be eligible for reappointment, and shall not engage in any other business, vocation, or employment.

(e) Duties of Board.

It shall be the duty of the Board

(1) upon application made by the Attorney General under section 792(a) of this title, or by any organization under section 792(b) of this title, to determine whether any organization is a "Communist-action organization" within the meaning of paragraph (3) of section 782 of this title, or a "Communist-front organization" within the meaning of paragraph (4) of section 782 of this title; and

(2) upon application made by the Attorney General under section 792 (a) of this title, or by any individual under section 792 (b) of this title, to determine whether any individual is a member of any organization as to which there is in effect a final order of the Board determining such organization to be a Communist-action organization; and

(3) upon any application made under subsection (a) or subsection (b) of section 792a of this title, to determine whether any organization is a Communist-infiltrated organization.

(f) Appointment and compensation of personnel.

Subject to the civil-service laws and chapter 51 and subchapter III of chapter 53 of Title 5, the Board may appoint and fix the compensation of a chief clerk and such examiners and other personnel as may be necessary for the performance of its functions.

(g) Rules and regulations.

The Board may make such rules and regulations, not inconsistent with the provisions of this subchapter, sections 137 to 137-8, 156, 456, 457 (b), 704, 705, 725, 729 (c), 733, 734 (b) and 735 of Title 8, sections 793 and 1507 of Title 18, and sections 611 (c) (5) and 618 (e) of Title 22, as may be necessary for the performance of its duties.

(h) Authorization for appropriations.

There are authorized to be appropriated to the Board such sums as may be necessary to carry out its functions.

(i) Termination of existence; reports to Congress.

The Board shall cease to exist on June 30, 1969, unless in the period beginning on January 2, 1968 and ending on December 31, 1968, a proceeding under this subchapter shall have been instituted before the Board and a hearing under this subchapter shall have been conducted by the Board. On or before June 30, 1968, the Attorney General shall report

to the Congress on the proceedings he has instituted before the Board under this subchapter during the period from January 2, 1968 to the date of the report, and the Board shall report on the progress it has made in conducting hearings under this subchapter during such period. If no proceedings have been instituted before the Board by the Attorney General, the Attorney General shall report his reasons for not having done so. If no hearings have been conducted the Board shall report the reasons for not having done so. Similar reports shall be filed by the Attorney General and the Board on or before January 10, 1969, and each year thereafter, to cover the immediately preceding calendar year. (Sept. 23, 1950, ch. 1024, title I, § 12, 64 Stat. 977; July 12, 1952, ch. 697, 66 Stat. 590; Aug. 24, 1954, ch. 886, § 9(a), 68 Stat. 778; Aug. 5, 1955, ch. 580, § 1, 69 Stat. 539; Jan. 2, 1968, Pub. L. 90-237, § 9, 81 Stat. 767.)

REFERENCES IN TEXT

Such Act, referred to in subsec. (a), means the Subversive Activities Control Board Tenure Act, act Aug. 5, 1955, ch. 580, 69 Stat. 539, which amended subsec. (a) of this section.

The civil-service laws referred to in subsec. (f), are classified generally to Title 5, Government Organization and Employees.

Sections 137 to 137-8, 156, 456, 457 (b), 704, 705, 725, 729 (c), 733, 734 (b) and 735 of Title 8, referred to in subsec. (g), were repealed by act June 27, 1952, ch. 477, title IV, § 403 (a) (13) (16) (39) (42), 66 Stat. 279, 280, and are now covered by subchapters II and III of chapter 12 of Title 8, Aliens and Nationality.

Section 611 (c) (5) of Title 22, referred to in subsec. (g) was repealed Aug. 1, 1956, c. 849, § 1, 70 Stat. 899.

CODIFICATION

Provisions of subsec. (d) which prescribed the annual salary of members of the Board were omitted to conform to the provisions of the Federal Executive Salary Schedule. See section 5311 et seq. of Title 5, Government Organization and Employees.

AMENDMENTS

1968-Subsec. (e) (2). Pub. L. 90-237, § 9(a), substituted "any organization as to which there is in effect a final order of the Board determining such organization to be a Communist-action organization" for "any Communist-action organization registered, or by final order of the Board required to be registered, under section 786 (a) of this title”.

Subsec. (1). Pub. L. 90-237, § 9(b), added subsec. (1). 1955-Subsec. (a). Act Aug. 5, 1955, provided for staggered terms of office and to increase the term of office of members of the Board from three to five years.

1954 Subsec. (e) (2). Act Aug. 24, 1954, § 9 (a) (1), substituted "; and" for the period at the end thereof. Subsec. (e) (3). Act Aug. 24, 1954, § 9 (a) (2) added subsec. (e) (3).

1952-Subsec. (d). Act July 12, 1952, increased the salary of Board members from $12,500 to $15,000 per

annum.

SHORT TITLE OF 1955 AMENDMENT

Section 2 of act Aug. 5, 1955, provided that the amendment of subsec. (a) of this section by section 1 of act Aug. 5, 1955, should be popularly known as the "Subversive Activities Control Board Tenure Act". COMPENSATION OF CHAIRMAN OF SUBVERSIVE ACTIVITIES CONTROL BOARD

Compensation of Chairman, see section 5316 of Title 5, Government Organization and Employees.

CROSS REFERENCES

Willfully resisting, preventing, impeding or interfering with Board member or agent in performance of his duties, penalty for, see section 824 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 782 of this title.

§ 792. Board proceedings with respect to Communistaction or Communist-front organizations.

(a) Petition by Attorney General for determination; verification; contents; joinder of respondents; dissolution of organization subsequent to filing. Whenever the Attorney General shall have reason to believe that any organization is a Communist-action organization or a Communist-front organization, or that any individual is a member of an organization which has been determined by final order of the Board to be a Communist-action organization, he shall file with the Board and serve upon such organization or individual, as the case may be, a petition for a determination that such organization is a Communist-action or Communistfront organization, or determining that such individual is a member of such Communist-action organization. Each such petition shall be verified under oath, and shall contain a statement of the facts upon which the Attorney General relies in support thereof. Two or more such individual members of a Communist-action organization or of any section, branch, fraction, cell, board, committee, commission, or unit thereof, may be joined as respondents in one petition for an order determining each of such individuals to be a member of such organization. A dissolution of any organization subsequent to the date of the filing of any petition for a determination that such organization is a Communist-action or Communist-front organization, shall not moot or abate the proceedings, but the Board shall receive evidence and proceed to a determination of the issues: Provided, however, That if the Board shall find such organization to be a Communistaction or Communist-front organization as of the time of the filing of such petition and prior to its alleged dissolution, and shall find that a dissolution of the organization has in fact occurred, the Board shall enter an order determining such organization to be a Communist-action or Communist-front organization, as the case may be, and the Board shall include it as such in the appropriate records maintained pursuant to section 788 of this title, together with a notation of its dissolution.

(b) Petition by organization or individual for determination; verification; contents; notice and time of hearing.

Any organization as to which there is in effect a final order of the Board determining it to be a Communist-action or Communist-front organization, and any individual as to whom there is in effect a final order of the Board determining such individual to be a member of a Communist-action organization may, not more often than once in each calendar year, file with the Board and serve upon the Attorney General a petition for a determination that such organization no longer is a Communist-action or Communist-front organization, or that such individual no longer is a member of a Communist-action organization, as the case may be.

Each petition filed under this subsection shall be verified under oath, and shall contain 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.

Upon the filing of any petition pursuant to subsection (a) or (b) of this section, the Board (or any member thereof or any examiner designated thereby) may hold hearings, administer oaths and affirmations, may examine witness 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, correspondence, memoranda, and other records deemed relevant, to the 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 proceedings 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 in the district courts of the United States. In case of disobedience to a subpena, the Board may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of documentary 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 issued to any person, issue an order requiring such person to appear (and to produce documentary 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 such case may be served in the judicial district whereof such person is an inhabitant or wherever he may be found. 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 evidence in any proceeding before the Board if he is required, by a subpena issued under this subsection, to produce the 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) Hearings open to public; rights of parties; record and transcript of testimony; failure to appear; penalty for misbehavior; jurisdiction of courts. (1) All hearings conducted under this section 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 evi

dence, 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 declines or fails to appear at a hearing accorded to such organization or individual by the Board in proceedings initiated pursuant to subsection (a) of this section, the Board shall, nevertheless, proceed to receive evidence, make a determination of the issues, and enter such order as shall be just and appropriate. Upon failure of an organization or individual to appear at a hearing accorded to such organization or individual in proceedings under subsection (b) of this section the Board may forthwith and without further proceedings enter an order dismissing the petition of such organization or individual. (3) Any person who, in the course of any hearing before the Board or any member thereof or any examiner designated thereby, shall misbehave in their presence or so near thereto as to obstruct the hearing or the administration of the provisions of this subchapter, shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. Whenever a statement of fact constituting such misbehavior is reported by the Board to the appropriate United States attorney, it shall be his duty to bring the matter before the grand jury for its action.

(4) The authority, function, practice, or process of the Attorney General or Board in conducting any proceeding pursuant to the provisions of this subchapter shall not be questioned in any court of the United States, nor shall any such court, or judge or justice thereof, have jurisdiction of any action, suit, petition, or proceeding, whether for declaratory judgment, injunction, or otherwise, to question such authority, function, practice, or process, except on review in the court or courts having jurisdiction of the actions and orders of the Board pursuant to the provisions of section 793 of this title, or when such authority, function, practice, or process, is appropriately called into question by the accused or respondent, as the case may be, in the court or courts having jurisdiction of his prosecution or other proceeding (or the review thereof) for any contempt or any offense charged against him pursuant to the provisions of this subchapter.

(e) Determination of Communist-action organization; matters considered.

In determining whether any organization is a "Communist-action organization", the Board shall take into consideration

(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 organization in which is vested, or under the domination or control of which is exercised, the direction and control of the world Communist movement referred to in section 781 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

(3) 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 disciplinary 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 membership, or by any other method); (ii) its members refuse to acknowledge membership therein; (iii) it fails to disclose, or resists efforts to obtain information as to, records other than membership lists; (iv) its meetings are secret; and (v) it otherwise operates on a secret basis; and

(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) Determination of Communist-front organization; matters considered.

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 management, direction, or supervision, whether or not holding office therein, are active in the management, direction, or supervision of, or as representatives or members of, any Communist-action organization, Communist foreign government, or the world Communist movement referred to in section 781 of this title; 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 781 of this title; and

(3) the extent to which its funds, 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 781 of this title; 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

government, or the world Communist movement referred to in section 781 of this title.

(g) Written report of findings; issuance and service of orders granting determination sought by petition of Attorney General.

If, after hearing upon a petition filed under subsection (a) of this section the Board determines

(1) that an organization is a Communist-action organization 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 and shall issue and cause to be served on such organization an order determining the organization to be a Communist-action organization or a Communist-front organization as the case may be; or

(2) that an individual is a member of a Communist-action organization it shall make a report in writing in which it shall state its findngs as to the facts and shall issue and cause to be served on such individual an order determining such individual to be a member of a Communist-action organization.

(h) Written report of findings; issuance and service of orders denying determination sought by petition of Attorney General.

If, after hearing upon a petition filed under subsection (a) of this section, the Board determines

(1) that an organization is not a Communistaction organization 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 and shall issue and cause to be served upon the Attorney General an order denying the determination sought by his petition, and shall send a copy of such order to such organization;

(2) that an individual is not a member of any Communist-action organization, 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 upon the Attorney General an order denying the determination sought by his petition, and shall send a copy of such order to such individual. (i) Written report of findings; issuance and service of orders granting determination sought by petition of organization or individual.

If, after hearing upon a petition filed under subsection (b) of this section, the Board determines(1) that an organization no longer is a Communist-action organization 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 and shall issue and cause to be served upon the Attorney General and such organization an order determining that the organization no longer is a Communist-action organization or Communist-front organization as the case may be; or

(2) that an individual no longer is a member of any Communist-action organization, 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 upon the Attorney General and such individual an order determining that such individual no longer is a member of a Communist-action organization.

« Previous Continue »

Books