An Act to outlaw the Communist Party, to prohibit members of Communist organizations from serving in certain representative capacities, and for other purposes
PL 83-637 (S.3706), enacted 08/24/1954

68 S T A T . ] 
PUBLIC LAW 637~AUG. 24, 1954 
775 
SEC. 2. "Authorized certifying officers of terminated war agencies 
in process of liquidation by the Department of State" as used in this 
Act means certifying officers employed by terminated war agencies 
transferred to the Department of State for liquidation and certifying 
officers under the Department of State who certified payments for the 
activities of such terminated war agencies, or any terminated wartime 
activity of the Department of State from funds allocated to or made 
available to the Department of State by working funds or reimburse-
ments pursuant to the provisions of section 686, title 31, United States 
^"^ stat. 4i7. 
Code, or other authority of law: Provided, however, That no certify-
ing officer of the Department of State shall be released hereunder as 
to payments made from funds appropriated directly to the Depart-
ment of State or as to payments made after the date of enactment of 
this Act: Provided fwrther, That the authority granted under this Act 
Expiration, 
shall expire not later than two years after the date of enactment of 
this Act. 
Approved August 23, 1954. 
Public Law 637 
CHAPTER 886 
AN A C T 
August 24, 1954 
To outlaw the Communist Party, to prohibit members of Communist organiza- 
[s. 3706] 
tions from serving in certain representative capacities, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That this Act may be 
cited as the "Communist Control Act of 1954". 
FINDINGS OF FACT 
SEC. 2. The Congress hereby finds and declares that the Communist 
Party of the United States, although purportedly a political party, 
is in fact an instrumentality of a conspiracy to overthrow the Govern-
ment of the United States. 
It constitutes an authoritarian dictator-
ship within a republic, demanding for itself the rights and privileges 
accorded to political parties, but denying to all others the liberties 
guaranteed by the Constitution. 
Unlike political parties, which evolve 
their policies and programs through public means, by the reconcilia-
tion of a wide variety of individual views, and submit those policies 
and programs to the electorate at large for approval or disapproval, 
the policies and programs of the Communist Party are secretly pre-
scribed for it by the foreign leaders of the world Communist move-
ment. 
Its members have no part in determining its goals, and are 
not permitted to voice dissent to party objectives. 
Unlike members 
of political parties, members of the Communist Party are recruited 
for indoctrination with respect to its objectives and methods, and are 
organized, instructed, and disciplined to carry into action slavishly 
the assignments given them by their hierarchical chieftains. 
Unlike 
political parties, the Communist Party acknowledges no constitutional 
or statutory limitations upon its conduct or upon that of its members. 
The Communist Party is relatively small numerically, and gives scant 
indication of capacity ever to attain its ends by lawful political means. 
The peril inherent in its operation arises not from its numbers, but 
from its failure to acknowledge any limitation as to the nature of its 
activities, and its dedication to the proposition that the present consti-
tutional Government of the United States ultimately must be brought 
to ruin by any available means, including resort to force and violence. 
Holding that doctrine, its role as the agency of a hostile foreign power 
renders its existence a clear present and continuing danger to the 
Communist Con-
trol Act of 1954. 
776 
PUBLIC LAW 637-AUG. 24, 1954 
[ess TAT. 
security of the United States. It is the means whereby individuals 
are seduced into the service of the world Communist movement, 
trained to do its bidding, and directed and controlled in the conspira-
torial performance of their revolutionary services. Therefore, the 
Communist Party should be outlawed. 
64 Stat. 987. 
50 u s e 781 note. 
Unlawful act* 
Definition. 
Evidence for de-
termination. 
PROSCRIBED 
ORGANIZATIONS 
SEC. 3. The Communist Party of the United States, or any suc-
cessors of such party regardless of the assumed name, whose object 
or purpose is to overthrow the Government of the United States, or 
the government of any State, Territory, District, or possession thereof, 
or the government of any political subdivision therein by force and 
violence, are not entitled to any of the rights, privileges, and immu-
nities attendant upon legal bodies created under the jurisdiction of 
the laws of the United States or any political subdivision thereof; 
and whatever rights, privileges, and immunities which have heretofore 
been granted to said party or any subsidiary organization by reason 
of the laws of the United States or any political subdivision thereof, 
are hereby terminated: Provided, 
however, That nothing in this 
section shall be construed as amending the Internal Security Act of 
1950, as amended. 
SEC. 4. Whoever knowingly and willfully becomes or remains a 
member of (1) the Communist Party, or (2) any other organization 
having for one of its purposes or objectives the establishment, control 
conduct, seizure, or overthrow of the Government of the Unitea 
States, or the government of any State or political subdivision 
thereof, by the use of force or violence, with knowledge of the purpose 
or objective of such organization shall be subject to all the provi-
sions and penalties of the Internal Security Act of 1950, as amended, 
as a member of a "Communist-action" organization. 
(b) For the purposes of this section, the term "Communist Party" 
means the organization now known as the Communist Party of the 
United States of America, the Communist Party of any State or sub-
division thereof, and any unit or subdivision of any such organization, 
whether or not any change is hereafter made in the name thereof. 
SEC. 5. In determining membership or participation in the Com-
munist Party or any other organization defined in this Act, or knowl-
edge of the purpose or objective of such party or organization, the 
jury, Under instructions from the court, shall consider evidence, if 
presented, as to whether the accused person: 
(1) Has been listed to his knowledge as a member in any book or 
any of the lists, records, correspondence, or any other document of 
the organization; 
(2) Has made financial contribution to the organization in dues, 
assessments, loans, or in any other form; 
(3) Has made himself subject to the discipline of the organization 
in any form whatsoever; 
(4) Has executed orders, plans, or directives of any kind of the 
organization; 
(5) Has acted as an agent, courier, messenger, correspondent, or-
ganizer, or in any other capacity in behalf of the organization; 
(6) Has conferred with officers or other members of the organiza-
tion in behalf of any plan or enterprise of the organization; 
(7) Has been accepted to his knowledge as an officer or member 
of the organization or as one to be called upon for services by other 
officers or members of the organization; 
(8) Has written, spoken or in any other way communicated by 
signal, semaphore, sign, or in any other form of communication 
orders, directives, or plans of the organization; 
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S T A T . ] 
PUBLIC LAW 637-AUG. 24, 1954 
777 
(9) Has prepared 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 material or propaganda 
of any kind in behalf of the organization; 
(11) Has advised, counseled or in any other way imparted informa-
tion, suggestions, recommendations to officers or members of the 
organization or to anyone else in behalf of the objectives of the or-
ganization ; 
(12) Has indicated by word, action, conduct, writing or in any 
other way a willingness to carry out in any manner and to any degree 
the plans, designs, objectives, or purposes of the organization; 
(13) Has in any other way participated in the activities, planning, 
actions, objectives, or purposes of the organization; 
(14) The enumeration of the above subjects of evidence on mem-
bership or participation in the Communist Party or any other or-
ganization as above defined, shall not limit the inquiry into and 
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 
Act of 1950 (50 U. S. C. 784) is amended by striking out the period at 
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 
Kelations Act, as amended (29 U. S. C. 152), or to represent 
any employer in any matter or proceeding arising or pending 
under that Act." 
Unlawful acta 
64 Stat. 992. 
61 Stat. 138. 
COMMUNIST-INFILTRATED ORGANIZATIONS 
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 Com-
munist foreign government, 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-
ment, 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: 
"(5) The term 'Communist organization' means any Communist-
action organization, Communist-front organization, or Communist-
infiltrated organization." 
778 
PUBLIC LAW 637-AUG. 24, 1954 
[68 S T A T . 
Repeals. 
50 u s e 
784(c), 
78S(c). 
Mailing require-
ments, etc. 
Taxes. 
Subversive A c -
tivities 
C o n t r o l 
Board. 
'c) Subsections 5 (c) and 6 (c) of such Act are repealed. 
5EC. 8. (a) Section 10 of such Act (50 U. S. C. 789) is amended 
by inserting, immediately after the words "final order of the Board 
requiring it to register under section 7", the words "or determining 
that it is a Communist-infiltrated organization". 
(b) Subsections (a) and (b) of section 11 of such Act (50 U. S. C. 
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 
amended by— 
(1) striking out the period at the end thereof and inserting in 
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." 
(b) The section caption to section 13 of such Act (50 U. S. C. 792) 
is amended to read as follows: "REGISTRATION PROCEEDINGS BEFORE THE 
BOARD". 
SEC. 10. Such Act is amended by inserting, immediately after section 
13 thereof, the following new section: 
Evidence for de-
termination. 
"PROCEEDINGS WITH RESPECT TO COMMUNIST-INFILTRATED 
ORGANIZATIONS 
"SEC. 13A. (a) Whenever the Attorney General has reason to 
believe that any organization is a Communist-infiltrated organization, 
he may file with the Board and serve upon such organization a peti-
tion for a determination that such organization is a Communist-infil-
trated organization. In any proceeding so instituted, two or more 
affiliated organizations may be named as joint respondents. Whenever 
any such petition is accompanied by a certificate of the Attorney Gen-
eral to the effect that the proceeding so instituted is one of exceptional 
public importance, such proceeding shall be set for hearing at the 
earliest possible time and all proceedings therein before the Board or 
any court shall be expedited to the greatest practicable extent. 
"(b) Any organization which has been determined under this sec-
tion to be a Communist-infiltrated organization may, within six 
months after such determination, file w^ith the Board and serve upon 
the Attorney General a petition for a determination that such organ-
ization no longer is a Communist-infiltrated organization. 
"(c) Each such petition shall be verified under oath, and shall 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 this section to appear at any 
hearing upon such petition, the Board may conduct such hearing in 
the absence of such organization and may enter such order under 
this section as the Board shall determine to be warranted by evidence 
presented at such hearing. 
"(e) In determining whether any organization is a Communist-
infiltrated organization, the Board shall consider— 
"(1) to what extent, if any, the effective management of the 
68 S T A T . ] 
PUBLIC LAW 637-AUG. 24, 1954 
779 
affairs of such organization is conducted by one or more individ-
uals who are, or within two years have been, (A) members, 
agents, or representatives of any Communist organization, and 
Communist foreign government, or the world Communist move-
ment referred to in section 2 of this title, with knowledge of the 
nature and purpose thereof, or (B) engaged in giving aid or 
support to any such organization, government, or movement with 
knowledge of the nature and purpose thereof; 
"(2) to what extent, if any, the policies of such organization 
are, or within three years have been, formulated and carried 
out pursuant to the direction or advice of any member, agent, or 
representative of any such organization, government, or move-
ment; 
" (3) to what extent, if any, the personnel and resources of such 
organization are, or within three years have been, used to further 
or promote the objectives of any such Communist organization, 
government, or movement; 
"(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, aflSliated in any way with any such Communist 
i : ;'/ ^
*
. 
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 g^62st«t.736, 797, 
United States Code; or 
"(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 each 
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 
ei stat. us. 
amended, and which are organizations within the meaning of section 3 
^^ "^^ ^^^' 
of the Subversive Activities Control Act of 1950), the Board shall 
souse 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 
Publication in 
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— 
780 
PUBLIC LAW 638-AUG. 24, 1954 
[68 ST AT. 
29 use 167. 
29 use 159. 
29 use 159. 
29 use 159. 
Separability. 
"(1) act as representative of any employee within the meaning 
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 
employees in any bargaining unit— 
"(1) a question of representation affecting commerce, within 
the meaning of section 9 (c) of such Act, shall be deemed to exist 
with respect to such bargaining unit; and 
"(2) the National Labor Relations Board, upon petition of 
not less than 20 per centum of the employees in such bargaining 
unit or any person or persons acting in their behalf, shall under 
section 9 of such Act (notwithstanding any limitation of time 
contained therein) direct elections in such bargaining unit or any 
subdivision thereof (A) for the selection of a representative 
thereof for collective bargaining purposes, and (B) to determine 
whether the employees thereof desire to rescind any authority 
previously granted to such labor organization to enter into any 
agreement with their employer pursuant to section 8 (a) (3) (ii) 
of such Act. 
"(j) When there is in effect a final order of the Board determining 
that any such employer is a Communist-infiltrated organization, 
such employer shall be ineligible to— 
"^1) file any petition for an election under section 9 of the 
National Labor Relations Act, as amended (29 U. S. C. 157), or 
participate in any proceeding under such section; or 
"(2) make or obtain any hearing upon any charge under sec-
tion 10 of such Act (29 U. S. C. 160); or 
"(3) exercise any other right or privilege or receive any other 
benefit, substantive or procedural, provided by such Act for 
employers." 
SEC. 11. Subsections (a) and (b) of section 14 of such Act (50 
U. S. C. 793) are amended by inserting in each such subsection, imme-
diately after the words "section 13", a comma and the following: "or 
subsection (f) of section 13A,". 
SEC. 12. If any provision of this title or the application thereof 
to any person or circumstances is held invalid, the remainder of the 
title, and the application of such provisions to other persons or cir-
cumstances, shall not be affected thereby. 
Approved August 24, 1954, 9:40 a.m., M.S.T. 
Public Law 638 
CHAPTER 887 
AN ACT 
August 24, 1954 
[H. R. 5314] 
i
p
Q extend the coverage of the Servicemen's Indemnity Act to members of the 
Reserve Officers' Training Corps when ordered to active training duty for 
periods in excess of fourteen days. 
Be it enacted hy the Senate and House of Representatives 
of the