II Francis W. Stover for Veterans of Foreign Wars of the United States-- John W. Mahan, Chairman, Subversive Activities Control Board Thomas E. Harris for American Federation of Labor and Congress of The House Committee on Un-American Activities is a stan committee of the House of Representatives, constituted as such by rules of the House, adopted pursuant to Article I, section 5, o Constitution of the United States which authorizes the House t termine the rules of its proceedings. RULES ADOPTED BY THE 90TH CONGRESS House Resolution 7, January 10, 1967 RESOLUTION Resolved, That the Rules of the House of Representatives of the Eighty Congress, together with all applicable provisions of the Legislative Reorg tion Act of 1946, as amended, be, and they are hereby, adopted as the Ru the House of Representatives of the Ninetieth Congress RULE X STANDING COMMITTEES 1. There shall be elected by the House, at the commencement of each Cor * (r) Committee on Un-American Activities, to consist of nine Members. RULE XI POWERS AND DUTIES OF COMMITTEES 18. Committee on Un-American Activities. (a) Un-American activities. (b) The Committee on Un-American Activities, as a whole or by subcom is authorized to make from time to time investigations of (1) the extent, o ter, and objects of un-American propaganda activities in the United State the diffusion within the United States of subversive and un-American propa that is instigated from foreign countries or of a domestic origin and attac principle of the form of government as guaranteed by our Constitution, a all other questions in relation thereto that would aid Congress in any nec remedial legislation. The Committee on Un-American Activities shall report to the House (or Clerk of the House if the House is not in session) the results of any such i gation, together with such recommendations as it deems advisable. For the purpose of any such investigation, the Committee on Un-Am Activities, or any subcommittee thereof, is authorized to sit and act at such and places within the United States, whether or not the House is sittin recessed, or has adjourned, to hold such hearings, to require the attenda such witnesses and the production of such books, papers, and documents, take such testimony, as it deems necessary. Subpenas may be issued und signature of the chairman of the committee or any subcommittee, or by any ber designated by any such chairman, and may be served by any person nated by any such chairman or member. 27. To assist the House in appraising the administration of the laws developing such amendments or related legislation as it may deem nec each standing committee of the House shall exercise continuous watchful the execution by the administrative agencies concerned of any laws, the matter of which is within the jurisdiction of such committee; and, for th pose, shall study all pertinent reports and data submitted to the House agencies in the executive branch of the Government. IV HEARINGS RELATING TO H.R. 15626, H.R. 15649, H.R. 16613, H.R. 16757, H.R. 15018, H.R. 15092, H.R. 15229, H.R. 15272, H.R. 15336, AND H.R. 15828, AMENDING THE SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 Part 1 TUESDAY, APRIL 30, 1968 UNITED STATES HOUSE OF REPRESENTATIVES, SUBCOMMITTEE OF THE COMMITTEE ON UN-AMERICAN ACTIVITIES, PUBLIC HEARINGS Washington, D.C. A subcommittee of the Committee on Un-American Activities met, pursuant to call, at 10:10 a.m., in Room 311, Cannon House Office Building, Washington, D.C., Hon. Edward E. Willis (chairman) presiding. (Subcommittee members: Representatives Edwin E. Willis, of Louisiana, chairman; William M. Tuck, of Virginia; John C. Culver, of Iowa; John M. Ashbrook, of Ohio; and Albert W. Watson, of South Carolina.) Subcommittee members present: Representatives Willis, Culver, and Ashbrook. Staff members present: Chester D. Smith, general counsel, and Alfred M. Nittle, counsel. The CHAIRMAN. The committee will come to order. We meet today to receive the views of Members of Congress, representatives of the executive branch of the Government, and other interested persons and organizations with respect to a number of related bills which would amend the Subversive Activities Control Act of 1950. These bills include H.R. 15626 and bills identical to it, H.R. 15649, H.R. 16613, and H.R. 16757; H.R. 15018 and bills identical to it, H.R. 15092, H.R. 15229, and H.R. 15272; H.R. 15336; and sections 203 and 204 of H.R. 15828. These bills have been sponsored by 45 members of the House of Representatives. All of these bills include provisions designed to remedy a Supreme Court decision of December 11, 1967, in the case of United States v. Eugene Frank Robel, which voided section 5(a)(1) (D) of the Subversive Activities Control Act of 1950. That section of the act made it unlawful for any member of a "Communist-action organization," with knowledge or notice that such organization is registered or that there is in effect a final order of the Subversive Activities Control Board requiring such organization to register, "to engage in any employment in any defense facility." The Court held the section void for "overbreadth" and hence unconstitutionally abridging the "right of association" protected by the first amendment. 1313 In response to the Robel decision some of the bills before us the penal provisions of section 5 (a) (1) (D) while others retain In the former category are H.R. 15018 and bills identical to it. The remaining bills before us retain the penal provisions section, but amend its provisions in various ways, in an effort t port with the expressions of the Court in the Robel case. However, several bills in both categories H.R. 15626, H.R. and bills identical to them-authorize the President to insti personnel security clearance program to bar certain described viduals from employment in "defense facilities" as that term defined in the bills. With the exception of H.R. 15626 and bills identical to it, all bills confine themselves principally to amendments designed t with the Robel case. On the other hand H.R. 15626 and bills identical to it are not 1 to remedying the Robel decision. They have the additional pu of giving express congressional sanction for the institution industrial security clearance program for the protection of cla information released to United States industry or any facility United States, to clarify the position of Congress with resp issues raised in the Supreme Court decision Greene v. McElr U.S. 474 (1959), and a decision of the United States District for the Northern District of California, Shoultz v. Secretary fense, of February 9, 1968. They also amend the Magnuson Act to give express congre authorization for the institution of a personnel security progr access to vessels, harbors, ports, and waterfront facilities to re deficiency in this act revealed by the Supreme Court in Schne Commandant, United States Coast Guard, decided January 16 Moreover, the bills H.R. 15626 and those identical to it i detailed provisions to strengthen the administration and enfor of our security programs, involving defense facilities, the rel classified information, and the security of vessels, ports, harbo waterfront facilities. The provisions authorize specific investigation, hearing, and procedures. They include provisions relating to the subject ma inquiries, the cross-examination and confrontation of witness issuance of compulsory process for attendance of witnesses, the ing of immunity for compelled testimony, reimbursement to p for loss of earnings, and the regulation of the jurisdiction courts. (The order of appointment of the subcommittee follows:) To: Mr. FRANCIS J. MCNAMARA, Director, Committee on Un-American Activities. APRIL 23. Pursuant to the provisions of the law and the Rules of this Comm hereby appoint a subcommittee of the Committee on Un-American Ac consisting of Honorable William M. Tuck, Honorable John C. Culver, Ho John M. Ashbrook, and Honorable Albert W. Watson, as associate m and myself, as Chairman, to conduct hearings in Washington, D.C., com on or about April 30, 1968, and/or at such other times thereafter and pl said subcommittee shall determine, as contemplated by the resolution by the Committee on the 19th day of March, 1968, authorizing hearin 15626 and related bills, and other matters under investigation by the Com |