3

1 projectiles, ammunition, explosives, military aircraft,

2

3

4

5

6

7

8

9

10

11

121

13

United States naval vessels, armed vehicles, specialized

vehicles, and their subassemblies or components;

"(3) producing common components, intermediates, basic materials and raw materials, which are essential and sensitive, or essential and in limited supply;

"(4) engaged in laboratory research significant to the national defense;

"(5) significantly engaged in the transportation of military personnel and supplies; or

"(6) providing essential or sensitive communications, repair and warehousing services, gas, water, and

electric utilities for the foregoing production or services; 14 and whose disruption by an act of sabotage, espionage, or 15 other act of subversion would directly impair the military

16

18

effectiveness of the United States, or capabilities of the United States in the production of essential defense ma

terials and services, or would endanger the security of 19 military personnel. The Secretary shall promptly notify the

management, and employees or employee representatives,

of any facility which he proposes to designate a defense

facility, of the right of the management, and such employees or employee representatives, to oppose such designation by written objection and oral argument. Nothing in this section

shall be construed to require the Secretary to disclose in

4

1 formation which he determines will impair the national 2 interest or security. In the absence of objection to the pro3 posed designation or upon a final determination in favor of 4 such designation, the Secretary of Defense shall immediately cause to be posted, in such place or places within or upon 6 the premises of such facility as shall be likely to give knowl7 edge of such designation to all employees of, and to all 8 applicants for employment in, such facility, a conspicuous 9 notice of the designation of such facility, and the applica10 bility of the prohibitions of section 5 (a) (1) (C). Upon the 11 request of the Secretary, the management of any facility so designated, shall require each employee of, or any appli13 cant for employment in, such facility, or any part thereof, 14 to sign a statement that he knows that such facility has, 15 for the purposes of this title, been so designated by the 16 Secretary under this subsection."

12

17

(4) The following new section is inserted after section 5 18 of such Act:

19 "PROTECTION OF DEFENSE FACILITIES AND CLASSIFIED

20

21

222

INFORMATION

"SEC. 5A. (a) The President is authorized to institute

22 such measures and issue such regulations, standards, restric

tions, and safeguards as may be necessary to deny employ

ment in or access to any defense facility to any person who

has the opportunity, by reason of his employment in or

5

1 access to such facility, to engage in or to conspire with or to

2 aid and abet others to engage in, sabotage, espionage, or

3

4

any other activity which would impair the military effective

ness of the United States or the capabilities of the United 5 States to produce defense materials or services, or would

6 endanger the security of military personnel, on the basis of

findings that such person's employment in or access to such

facility is not clearly consistent with the national defense or security interests.

"(b) The President is authorized to institute such measures and issue such regulations, standards, restrictions, and safeguards as may be necessary to protect classified information released to or within any facility located in the United

States, including procedures for determining eligibility and authorization for access to classified information so released,

on the basis of findings that the granting or continuing of access authorization is clearly consistent with the national defense or security interests.

"(c) The President may perform any function vested

in him by this section through or with the aid of such officers

or agencies as he may designate.

"(d) The authority of the President under subsections (a) and (b) includes the right to established criteria and

to authorize by regulation reasonable inquiries directed to

an individual regarding his membership in, or affiliation

6

1 with, any Communist, Marxist, Fascist, totalitarian, or sub2 versive organization, and such other associations, habits, and 3 activities, past or present, which are relevant or material 4 to a determination whether he should be denied employment 5 in or access to any defense facility, or denied access to classi6 fied information, including but not limited to such criteria 7 and inquiries of one or more of the following categories:

"(1) membership in, or affiliation with, and whether such individual is serving as an agent or employee of, (A) any organization which, by final order of the Board, has been determined to be a Communist organization, (B) any organization, foreign or domestic, which has been designated by the Attorney General pursuant to law or executive order as totalitarian, Communist, Fascist, or subversive, and (C) any organization which the Presi

dent, or his designee for the purpose of these regulations, finds, or has probable cause to believe, is (i) an organization, foreign or domestic, which has been organized or utilized for the purpose of advancing the objectives of the Communist movement, or for the purpose of establishing any form of Communist dictatorship in the United States or abroad, (ii) an organization which has been organized or utilized for the purpose of giving aid or assistance to any foreign government, group, or association engaged in armed conflict with the United

7

States, (iii) an organization which is organized or utilized for the purpose of altering the form of government of the United States, or of any political subdivision thereof, by force or violence or other unconstitutional

means, (iv) an organization which advocates, encour

ages, counsels, aids 'or abets violation of any Federal law related to the internal security of the United States or

its defense against foreign aggression, (v) an organization organized or utilized by any foreign government, or

by any foreign party, group, or association acting in the interest of any foreign government, for the purpose of (a) espionage, or (b) sabotage, or (c) obtaining information relating to the defense of the United States or

the protection of the national security, or (d) hamper

ing, hindering, or delaying the production of defense materials in the United States or in states in defensive alliance with the United States, or (e) obstructing the

execution of a defense treaty of the United States, or (vi) an organization within the United State affiliated

with, or substantially dominated or controlled by, or acting in concert with, any party, group, or association

of the character described in this paragraph;

"(2) sabotage, espionage, or attempts or preparations therefor, or knowingly associating with spies or saboteurs;