f [ [ ° [ [ NW 55072 S°CTION 87. SECURITY INVESTIGATIC’: STATUTE S e . There are four principal statutes to consider in security investigations: Public Law 733 as implemented by Executive Order (£0) 10450, Smith Act of 1940, Internal Security Act of 1950 (ISA-50), and Communist Control Act of 1954. On occasion, other statutes may be applicable, such as seditious conspiracy, treason, fraud against Government, and Registration Act. 1. Public Law 733 as implemented by EO 10450 President, by Executive Order 10450, dated 4-27-53, established govern~ Ment-wide employee security program, based on authority and approach set forth by Congress in Public Law 733, enacted on 8~26+-50. Section 8(a) of EO 10450 provides that investigations conducted pursuant “to this order shall be designed to develop information as to whether em- ployment or retention in employment in Federal service of person being investigated is clearly consistent with interests of national security. Such information relates, among other things, to following: "iembership in, or affiliation or sympathetic association with, any foreign or domestic organization, association, movement, group, or combination of persons which is totalitarian, Fascist, communist, or subversive, or which has adopted, or shows, a ‘policy of advocating or approving the commission of acts of force or violence to deny other persons their rights under the Constitution of the United States, or which seeks to alter the form of government of the United States by unconstitutional means," Attorney Generalts part of employee security program consists of making full field investigations through FBI; maintaining list of totalitarian, fascist, communist, or subversive organizations; and giving agencies : advice in establishing and maintaining their security programs, 2. Smith Act of 1940 (Title 18, USC, § 2385). Advocating overthrow of Govern ment Smith Act prohibits knowingly advocating or teaching overthrow ef Govern~ ment by force or violence; publishing or circulating written or printed naterial with intent to cause such overthrow; attempting to organize group of persons who teach, advocate, or encourage such overthrow; and - conspiring to commit these offenses. Penalty for conviction carries fine of not more than $20,000 and/or imprisonment for not more than 20 years and shall be inelegible for employment by U. S. or any department or agency thereof for five years next following his conviction. Decisions by Supreme Court on 6-7-57 and 6~5-61 established new evidentiary stand- ards, such as proof of incitement to action, which must be met by Govern- ment in future prosecutions under this act. . . 3. Internal Security Act of 1950 eee 50, USC, §§[781-810)] Internal Security Act of 1950 (ISA-50) became effective 9-23-50, It gen- erally provides for registration of communist~action and communist front _ organizations; amends obstruction of justice statute; implements espionage and sabotage statutes and various immigration and naturalization regula— tions;[and]prohibits contributing to establishment of totalitarian dic- tatorship. Act was amended 1-2-68 to delete requirement that communist organizations and their members register with Attorney General, a pro- cedure ruled unconstitutional by Supreme Court because it violated constitutional rights against self-incrimination. This manual section is limited to ISA-50 provisions pertaining to communist~action organizations, communist front organizations, [andJcontributing to establishment of totalitarian dictatorship. : 7 4-13-72 BDoeld: 32969529 Page 1906
87h. NW. 55072 ae Docld: 32989529 Page 1907 .. oy "eo 87. SECURITY INVESTIGATIC’~ _ Communist-action organizations (1) Definition (§ 782) nS "communist-action organization" means any organization in _ Ue (other than diplomatic representative or mission of for- olen government accredited by Department of State) which is substantially directed, dominated, or controlled by foreign government or foreign organization controlling world communist movement (referred to in section 781) and which operates pri-., marily to advance objectives of world communist movement. (2) Factors to be considered by Subversive Activities Control Board (SACB) in determining whether organization is communist~action organization (§ 792) SACB. considers relationship of organization under review to for- eign organization or foreign government described in above def~ inition in regard to policies, activities, accountability, train~- ing received, financial support, concealment of foreign direction, and allegiance of its principal leaders to such foreign govern-~ ment or foreign organization. - Communist front organizations (1) Definition (§ 782) ferm “communist front organization" means any organization in U. S. (other than communist-action organization) which (a) is substantially directed, dominated, or controlled by communist~ action organization or (b) is substantially directed, dominated, ‘or controlled by one or more members of communist~action organ- ization, and (c) is primarily operated for purpose of giving aid and support to communist-action organization, communist for- eign government, or world communist movement. (2) Factors to be considered by SACB in determining whether organ~ ization is communist front organization (§ 792) SACB considers extent to which organization is managed and fi-- nanced by any communist-action organization, communist foreign government, or world communist movement. SACB also considers extent to which organization's policies are similar to and ex- tent it promotes objectives of any communist-action organization, communist foreign government, or world communist movement. How proceedings are instituted (§ 792) When Attorney General has reason to believe any organization is com- munist-action or communist front organization, he files petition with SACB (and serves upon organization copy thereof) for determi-_ nation that such is true by hearing before SACB. ; Findings of Board and publication of same (§ 792) Tf, after hearing, SACB finds (1) that organization is communist- ‘“ action or communist front organization, it makes report in writing | of its findings and causes to be served on such organization an order determining organization to be communist-action or communist front organization. Findings of SACB are published in Federal Register and this publi- cation is notice to all persons that such orders have become final; records of SACB concerning such hearings shall be available to public. ‘ Employment of members; contributions of funds, services, or advice by Government personnel (§ 784) When there is in effect final order of SACB determining any organ- ization to be communist-action or communist front organization, it shall be unlawful 8-13~70
g. h. SECTION 87. SHCURIIY INVESTIGATIONS BTA (1) Por any Member of such organization with Knowledge or notice of such final order: (a) to conceal or fail to disclose that he is a member of such organization in seeking, accepting, or hold— ing any nonelective office or employment under U. S.; (b) to hold any nonelective office or employment under U. S.3 (c¢) to conceal or fail to disslose that he is member of such organiza— tion in seeking, accepting, or holding employment in any defense facility; ovr (d) to hold office or employment with any labor organization, as defined in section 2 (5) of National Labor Relations Act, as amended, or to represent any employer in any . matter or proceeding arising or pending under that act, (2) For any officer or employee of U. S. or of any defense facility, with knowledge or notice of such final order of SACB: (a) to contcibute funds or services to such organization; or (b) to ad— ‘wise, counsel, or urge any person, with knowledge or notice that such person is member of such organization, to perform or omit to perform, any act if such act or omission would constitute violation of any provision of paragraph (1) above. (8. 33) and instrumentalities of interstate or foreign commerce 789 Act requires any person acting for or on behalf of any “organization: for which there is in effect final order of SACB determining it to be communist-action or communist front organization to label properly all publications transmitted through mail or by any means or instru- mentality of interstate or foreign commerce, [Deleted ] Contributing to establishment of totalitarian dictatorship (3 783)” ISA-50 provides that it shall be unlawful for any person knowingly to combine, conspire, or agree with any other person to perform any act which would substantially contribute to establishment within U. S. of a totalitarian dictatorship, direction and control of which is to be vested in, or exercised by, or under domination or control of _ any foreign government, foreign organization, or foreign individual. Maximum penalty is $10,000 or 10 years, or both, and thereafter hbe- inelegible to hold any office or place of honor, profit, or trust created by Constitution or laws of U. S. Statute of limitations. is 10 years, except statute will not run on officer or employee of U. &. until after his employment has ceased. Communist Control Act of 1954 : Act is divided into three measures: (a) termination of rights, privileges, and immunities formerly enjoyed by CPUSA and subsidiary organizations: (»b) determination of membership in CPUSA and other subversive organizations; and (c) amendment of ISA~50, bringing within its purview communist-infil- trated organizations. This manual section is limited to provisions per~ Be taining to communist-infiltrated organizations (Title 50, USC, § 782). Definition of communist-infiltrated organization ferm "communist-infiltrated organization" means any organization in U. Ss, jofner than communist-action or communist front organization) which ) is substantially directed, dominated, or controlled by . individual or individuals who are, or who within three years have been, actively engaged in giving aid or support to communist—action organ-~ ization, communist foreign government, or world communist movement, and 2 is serving, or within last three years has served, as means for (a} giving aid or support to any such organization, government, or 9 4-13-72 NW 55072 Docld:32989529 Page 1908 . . TF AC RANI RACY BTID PHOT, PALE RAN WTAE Leg OCPD WHE FR WRPET"¢8 NU ODET ET HEWITT CDCR SONY RE BY LAW Pe TS TRB ER Teh CELA Hor 9 ema warrants tor earners a © : ‘ « . 0 ah ETH TO RRR TTT ER BOO PM ORICA MATE EOE FALLEN ORT MRTPTRY DLS TORR STE (OTE OTT TECTED ONSET Coma AD NORTE PTR TIDY ta UM REAR Teh RA KYLE UMAR E ET RC TRT ENE RUE Eterm eey 18)
874 Fie yes one reir e o e Lend] [ aoeeek IN conn TO ieee Keto BE Teal Boel ees TE hoes WO OO DO DD oe BE ee oe 0 eee 3 ee Bee ee Ee MW 55072 Docld:32989529 Page 1909 a i SECTION @ SECURTTY INVESTIGATIONS @ movement, ox (b) impairment of military strength of U. 8S. or its industrial capacity to furnish logistical support required by its armed forces. Provided, however, that any labor organization which is affiliate in good standing of national federation or other labor organizations whose policies and activities have been directed to opposing communist organizations, communist foreign government, or world communist movement shall be presumed prima facie not to be communist~-infiltrated organization. Proceedings whan Attorney General has reason to believe organization . is communist infiltrated ; He may file petition with SACB and serve copy on communist-infiltrated organization. He may join more than one organization as respondents to his petition. Hearings will then be conducted by SACB on evidence presented by Attorney General. SACB is empowered to make finding that organization is or is not communist-infiltrated, and within six months after an unfavorable determination organization may petition for a new determination. ' SACB is also authorized -to notify National Labor Relations Board ‘ (NLRB) of its findings and to ‘publish findings in Federal Register. NLRB has power to deny organizations found to be communist infiltrated representation before it, and upon petition of twenty per cant of membership of communist-infiltrated labor union to NLRB, that body may nullify rights of union to represent its members and call for. election to determine new bargaining representative. , Factors to be considered by SACB in determining whether organization is communist infiltrated (§ 7922) SACB shall consider following: . . (1) To what extent, if any, effective management of affairs of organization is conducted by ones or more individuals who are, or within three years have been, (a) members, agents, or repre- sentatives of any communist organization, any communist. foreign Sovernment, or the world communist movement with knowledge of nature and purpose thereof; or (b) engaged in giving aid or support to any such organization, government, or movement with knowledge of nature and purpose (2) To what extent, if any, policies of such organization are, or within three years have been, formulated and carried out pursuant to direction or advice or any member, agent, or repre- sentative of any such organization, government, or movement (3) fo what extent, if any, personnel and resources of such organ- ization are, or within three years have been, used to further or promote objectives of any such communist organization, government, or movement (4) fo what extent, if any, such organization within three years has received from, or furnished to or for use of, any such communist organization, government, or movement any funds or other material assistance . . . oo. . (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, affiliation of such organization, or 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 , (7) To what extent, if any, such organization or any of its managers ox members are, or within three years have been, knowingly engaged (2) in any conduct punishable under § 783 or § 794 or under chapter 37, 105, or 115 of Title 18; or (b) with intent to impair military strength of U. S. 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 impair- ment . : 10 8-13-70 att ee ee ee ee ee ee ee tet teeta th eter hiceenomertade titted ran tetas iene tartrate