producing, or service establishment, enterprise, or legal entity, any plant, factory, industry, public utility, mine, labora tory, educational institution, research organization, railroad, airport, pier, waterfront installation, vessel, aircraft, vehicle, or any part, division, department, or activity of any of the foregoing."

(c) Paragraph (17) of section 3 of such Act is amended to read as follows:

"(17) A person, though not a member, shall be deemed 'affiliated' with or an 'affiliate' of an organization when there exists between such person and the organization such a close working alliance or association that the conclusion may reasonably be drawn that there is a mutual understanding or recognition between such person and organization that the organization can rely and depend upon such person to cooperate with it and to work for its benefit for an indefinite future time. A practice of giving or loaning money or any other thing of value, or of providing security for the repayment of any such loan, to any organization, other than by a commercial bank or lending institution in the usual course of business, shall create a rebuttable presumption of affiliation with such organization. Nothing in this paragraph shall be construed as an exclusive definition of affiliation."

SEC. 2. (a) Section 5 of the Internal Security Act of 1950 is amended to read as follows:

"EMPLOYMENT OF MEMBERS OF COMMUNIST-ACTION

ORGANIZATIONS

"SEC. 5. (a) When there is in effect a final order of the Board determining any organization to be a Communistaction organization it shall be unlawful for any purposive member of such organization, with knowledge or notice of such final order of the Board

"(1) to hold any nonelective office or employment under the United States; or

"(2) knowingly to be employed in the performance of any classified project, production, or service in any facility; or knowingly to be employed in any position, place, or area of employment determined by the Secretary of Defense to be sensitive pursuant to the provisions of section 403 of this Act; or

"(3) to hold employment as an officer, director, trustee, member of any executive board or similar governing body, business agent, manager, or organizer with any labor organization, as that term is defined in section 2(5) of the National Labor Management Relations Act, 1947, as amended (29 U.S.C. 152), or to represent any em

ployer in any manner of proceeding arising or pending under that Act.

“(b) For the purposes of this section—

"(1) The term 'purposive member' means any mem

ber of a Communist-action organization who (A) has knowledge or notice of the purpose of the world Communist movement as set forth in section 2 of this Act, (B) has knowledge or notice that such organization is substantially directed, dominated, or controlled by a foreign government or foreign organization controlling the world Communist movement referred to in section 2 of this Act, and operates primarily to advance the objectives of the said world Communist movement, and (C) having such knowledge or notice has remained or becomes a member of such Communist-action organization.

"(2) The term 'classified' has the meaning assigned to such term by paragraph (3) of section 402 of this

Act.

“(c) Upon the trial of any indictment against any member of a Communist-action organization for a violation of the provisions of subsection (a) of this section, it shall be sufficient evidence, prima facie, that such person has knowledge or notice (1) of the purpose of the world Communist movement as set forth in section 2 of this Act, (2) that such organization is substantially directed, dominated, or controlled by the foreign government or foreign organization controlling the world Communist movement referred to in section 2 of this Act, and operates primarily to advance the objectives of said world Communist movement, upon due

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proof that such person has received a copy of sections 2 and 3 of this Act and a statement, oral or written, informing him that such organization has been determined by final order of the Subversive Activities Control Board to be a Communist-action organization."

(b) Subsection (k) of section 13 of such Act is amended

to read as follows:

"(k) When any order of the Board issued under subsection (g), (h), (i), or (j) of this section becomes final under the provisions of section 14(b) of this title, the Board shall publish in the Federal Register the fact that such order has become final."

SEC. 3. Section 1 of title II of the Act of June 15, 1917 (50 U.S.C. 191), is amended as follows:

(1) The last paragraph of such section is amended by striking out the period at the end of subparagraph (b) and inserting in lieu thereof a comma and the following: "and with authority for such purposes to deny to any person, or to revoke or suspend any person's authorization for access to or employment on such vessels (foreign or domestic), harbors, ports, and waterfront facilities, pursuant to which the President may extend and apply, to the extent he deems applicable, the procedures, standards, provisions, and regulations authorized and provided by title IV of the Internal Security Act of 1950."

(2) At the end of such section add the following new paragraph:

“In any case where a person's employment or access with respect to any such vessel, harbor, port, or waterfront facility has been denied, suspended, or revoked, pursuant to the preceding paragraph, or by reason of any agrement between such person's employer and an agency or officer of the United States responsible for the safeguarding of the foregoing vessels, harbors, ports, and facilities, or by reason of any action taken by such employer in concert with such agency or officer of the United States, no court of the United States shall have jurisdiction at any time to issue any restraining order or temporary or permanent injunction having the effect of granting or continuing such employment or access. No court of the United States shall have jurisdiction of any action or proceeding on the complaint of any person adversely affected by the enforcement, execution, or application of the provisions of the preceding paragraph, except after exhaustion of the administrative remedies authorized or provided under such preceding paragraph."

Certain questions were propounded to the Department of Defense with respect to the proposed revision, and the reply follows: