The House Committee on Un-American Activities is a standing committee of the House of Representatives, constituted as such by the rules of the House, adopted pursuant to Article I, section 5, of the Constitution of the United States which authorizes the House to determine 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-ninth Congress, together with all applicable provisions of the Legislative Reorganization Act of 1946, as amended, be, and they are hereby, adopted as the Rules of 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 Congress, * (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 subcommittee, is authorized to make from time to time investigations of (1) the extent, character, and objects of un-American propaganda activities in the United States, (2) the diffusion within the United States of subversive and un-American propaganda that is instigated from foreign countries or of a domestic origin and attacks the principle of the form of government as guaranteed by our Constitution, and (3) all other questions in relation thereto that would aid Congress in any necessary remedial legislation. The Committee on Un-American Activities shall report to the House (or to the Clerk of the House if the House is not in session) the results of any such investigation, together with such recommendations as it deems advisable. For the purpose of any such investigation, the Committee on Un-American Activities, or any subcommittee thereof, is authorized to sit and act at such times and places within the United States, whether or not the House is sitting, has recessed, or has adjourned, to hold such hearings, to require the attendance of such witnesses and the production of such books, papers, and documents, and to take such testimony, as it deems necessary. Subpenas may be issued under the signature of the chairman of the committee or any subcommittee, or by any member designated by any such chairman, and may be served by any person designated by any such chairman or member. 27. To assist the House in appraising the administration of the laws and in developing such amendments or related legislation as it may deem necessary, each standing committee of the House shall exercise continuous watchfulness of the execution by the administrative agencies concerned of any laws, the subject matter of which is within the jurisdiction of such committee; and, for that purpose, shall study all pertinent reports and data submitted to the House by the 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 repeal the penal provisions of section 5(a) (1) (D) while others retain them. In the former category are H.R. 15018 and bills identical to it. The remaining bills before us retain the penal provisions of that section, but amend its provisions in various ways, in an effort to comport with the expressions of the Court in the Robel case. However, several bills in both categories—H.R. 15626, H.R. 15018, and bills identical to them-authorize the President to institute a personnel security clearance program to bar certain described individuals from employment in "defense facilities" as that term is so defined in the bills. With the exception of H.R. 15626 and bills identical to it, all of the bills confine themselves principally to amendments designed to cope with the Robel case. On the other hand H.R. 15626 and bills identical to it are not limited to remedying the Robel decision. They have the additional purposes of giving express congressional sanction for the institution of an industrial security clearance program for the protection of classified information released to United States industry or any facility in the United States, to clarify the position of Congress with respect to issues raised in the Supreme Court decision Greene v. McElroy, 360 U.S. 474 (1959), and a decision of the United States District Court for the Northern District of California, Shoultz v. Secretary of Defense, of February 9, 1968. They also amend the Magnuson Act to give express congressional authorization for the institution of a personnel security program for access to vessels, harbors, ports, and waterfront facilities to remedy a deficiency in this act revealed by the Supreme Court in Schneider v. Commandant, United States Coast Guard, decided January 16, 1968. Moreover, the bills H.R. 15626 and those identical to it include detailed provisions to strengthen the administration and enforcement of our security programs, involving defense facilities, the release of classified information, and the security of vessels, ports, harbors, and waterfront facilities. The provisions authorize specific investigation, hearing, and review procedures. They include provisions relating to the subject matter of inquiries, the cross-examination and confrontation of witnesses, the issuance of compulsory process for attendance of witnesses, the granting of immunity for compelled testimony, reimbursement to persons for loss of earnings, and the regulation of the jurisdiction of the courts. (The order of appointment of the subcommittee follows:) To: Mr. FRANCIS J. MCNAMARA, APRIL 23, 1968. Pursuant to the provisions of the law and the Rules of this Committee, I hereby appoint a subcommittee of the Committee on Un-American Activities, consisting of Honorable William M. Tuck, Honorable John C. Culver, Honorable John M. Ashbrook, and Honorable Albert W. Watson, as associate members, and myself, as Chairman, to conduct hearings in Washington, D.C., commencing on or about April 30, 1968, and/or at such other times thereafter and places as said subcommittee shall determine, as contemplated by the resolution adopted by the Committee on the 19th day of March, 1968, authorizing hearings H.R. 15626 and related bills, and other matters under investigation by the Committee. Please make this action a matter of Committee record. If any member indicates his inability to serve, please notify me. /s/ Edwin E. Willis, Chairman, Committee on Un-American Activities. The CHAIRMAN. Copies of the bill before us will now be inserted in the record, together with a summary of the court decisions to which I have referred. The full text of the court decisions will be inserted in the appendix. (See pp. 1569-1676.) (The documents referred to follow :) |