LEGISLATIVE RECOMMENDATIONS RESPECTING GAPS IN INTERNAL SECURITY LAWS AND GOVERNMENT PERSONNEL SECURITY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP70B00338R000200050063-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: December 15, 2016
• Document Release Date: May 21, 2004
• Sequence Number: 63
• Publication Date: January 23, 1968
• Content Type: OPEN

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90th Congress l COMMITTEE PRINT
2d Session J
LEGISLATIVE RECOMMENDATIONS
GAPS IN INTERNAL SECURITY LAWS
GOVERNMENT PERSONNEL SECURITY
REPORT
SUBCOMMITTEE TO INVESTIGATE THE
ADMINISTRATION OF THE INTERNAL SECURITY
ACT AND OTHER INTERNAL SECURITY LAWS
TO THE
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
U.S. GOVERNMENT PRINTING OFFICE
88-493 WASHINGTON : 1968
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COMMITTEE ON THE JUDICIARY
JAMES 0. EASTLAND, Mississippi, Chairman
JOHN L. McCLELLAN, Arkansas EVERETT MCKINLEY DIRKSEN, Illinois
SAM J. ERVIN, In., North Carolina ROMAN L. HRUSKA, Nebraska
THOMAS J. DODD, Connecticut HIRAM L. FONG, Hawaii
PHILIP A. HART, Micligan HUGH SCOTT, Pennsylvania
EDWARD V. LONG, M ssouri STROM THURMOND, South Carolina
EDWARD M. KENNEL Y, Massachusetts
BIRCH BAYH, Indiana
QUENTIN N. BURDICK, North Dakota
JOSEPH D. TYDINGS, Maryland
GEORGE A. SM.ATHEIIS, Florida
SUBCOMMITTEE T:) INVESTIGATE THE ADMINISTRATION OF THE INTERNAL
SECURITY ACT AND OTHER INTERNAL SECURITY LAWS
JAMES O. EASTLAND, Mississippi, Chairman
THOMAS J. DODD, Connecticut, Vice Chairman
JOHN L. McCLELLAN, Arkansas ROMAN L. HRUSKA, Nebraska
SAM J. ERVIN, In., North Carolina EVERETT McKINLEY DIRKSEN, Illinois
BIRCH BAYH, Indiana HUGH SCOTT, Pennsylvania
GEORGE A. SMATIIERS, Florida STROM TIIURMOND, South Carolina
J. G. SOURWINE, Chief Counsel
JoaN R. I\ ORPEL, Jr., Acting Director of Research
Resolved, by the Internal Security Subcommittee of the Senate Com-
mittee on the Judiciary, That the attached report entitled "Legislative
Recommendation.," is hereby authorized to be reported favorably to
the full committe(, to be printed and made public.
Approved: Jantary 23, 1968.
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REPORT OF THE INTERNAL SECURITY SUBCOMMITTEE TO THE
COMMITTEE ON THE JUDICIARY
During two sessions of the Congress' the Internal Security Subcom-
mittee held open public hearings on the general subject of gaps in
our internal security laws. In all, 10 separate hearing sessions were
held 2 and testimony was received from 19 witnesses. In addition to
this testimony, the committee received for the record a number of
letters from law professors and law school deans, and various other
communications with respect to the subject matter of the hearings.
These hearing records have been previously published.'
This report recommends legislative action which the subcommittee
considers desirable in the interest of national security. It is based on
the hearings referred to above, on some 3 years of hearings respecting
security in the Department of State, and on analysis of developments
subsequent to the referenced hearings. Especially noteworthy in this
category of recent developments is the ruling of the U.S. Supreme
Court in United States v. Eugene Frank Rebel, decided December 11,
1967, which invalidated subsection 5(d) of the Internal Security Act
prohibiting members of Communist-action organizations from working
in designated defense facilities.
Various other decisions construing, limiting, impairing, or invali-
dating provisions of internal security laws also have been studied by
the subcommittee and its staff in view of the fact that "Whenever any
law for the protection of our national security is stricken down by a
court decision, Congress has the responsibility of deciding how to
meet the problem that law was intended to deal with."'
It is not necessary for the purposes of this report to discuss in detail
the long series of Supreme Court decisions affecting national security.
Various listings of such decisions and discussions of the problems they
present are available from authoritative sources.'
The recommendations in this report are not comprehensive of all
the suggestions made to the subcommittee or considered by it, and
do not even include all of the possible legislation which individual
members of the subcommittee may favor, but have been limited to
189th Cong., second sess.; 90th Cong., first sess.
2 June 23, 24, 27, July 29, 30, 1966; May 2, 9, 10 (two sessions), 24, 1967.
a In 1966 and 1967.
4 Quoted from statement by the chairman at the opening of referenced hearings on gaps in internal secur-
ity laws.
s Inter alia: Annual Report of the National Association of State Attorneys General, June 1057; Report
of the Conference of State Chief Justices, July 13, 1957; Reports of the American Bar Association Com-
mltteo on Communist Tactics, Strategy and Objectives, 1956 and 1957, Aug. 21, 1958, and Feb. 24, 1959
(see Annual Report, vol. 84 at p. 607); Annual Report of the Internal Security Subcommittee for 1955.
issued Jan. 15, 1956, sec. 12; Reports of the County Counsel of Los Angeles, "United States Supreme Court
Decisions Favorable to Communists Have Harmed Management, Labor and the American People," August
1965; vide also, from the same office September 15, 1966: "The Bill of Rights, Rights for All-Not the Few;"
ibid., Feb. 15, 1957: "United States Supreme Court Decisions Favorable to Communists." See also: "Is
the Supreme Court Really Supreme?" July 1967 issue of Reader's Digest, Eugene H. Methvin; Congress-
man Edwin E. Willis (Louisiana), July 25, 1967: (reference to Subversive Activities Control Board)-"This
Board was established by the Internal Security Act of 1950 to perform an important quasi-judicial func-
tion. * * * Through a variety of suits and motions, the Communists succeeded in having the effectiveness
of various SACB proceedings nullified and, in other cases, tremendously delaying the Board's work.",
Congressional Record, July 25, 1967, p. II-9314.
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those proposals with respect to which the subcommittee is in general
agreement as to the need for legislative action.
Though many of the recommendations here presented deal with
matters which have been the subject of Supreme Court decisions,
none of them i;i intended, or should be regarded, as a challenge to
the Court. There is no attempt here to reverse any decision of the
Court; nor, indeed, could Congress do this if it wished.
In all its deliberations underlying these recommendations, the sub-
committee has sought to deal with various internal security problems
as they exist. Tie fact that previous legislative efforts by the Congress
to deal with some of these problems have been found by the Supreme
Court to be ineffective or unenforceable, or have been construed or
limited in such % way as to make them less than adequate solutions
to the problems with which they sought to deal, does not change the
fact that the problems (lid exist and do exist. It is the problems, and
not the decisions, upon which the Congress must focus in order to
discharge effectively its responsibility for the preservation and pro-
tection of the internal security of the United States.
During the first session of the 90th Congress, faced with an emer-
gency situation its a result of invalidation of the Subversive Activities
Control Act requirements for registration by Communist-action
organizations and members thereof, the Internal Security Subcomm-
mittee on March 20, 1967, recommended meeting the emergency by
eliminating theso registration requirements from the act, and reported
to the full comm: ttee the text of an original bill designed to accomplish
this purpose. This led to enactment of Public Law 90-237, approved
January 2, 1968.
Contrary to the procedure followed in that emergency situation,
the legislative proposals in this report do not constitute recommenda-
tions for specific legislative language, and the subcommittee does not
propose to report an original bill or bills to implement the proposals
made here. It is contemplated that the chairman of the subcommittee,
in collaboration with other Senators, will introduce a bill proposed for
enactment as the Internal Security Act of 1968. Other Senators may
well have proposals of their own to offer in this field. The subcommittee
hopes to hold open public hearings on all such proposed legislation
beginning before the end of February and will try to conclude these
hearings and refort a bill to the full committee before the end of
March 1968.1
The subcommittee recommends enactment by the Congress of
appropriate legislation to accomplish the following:'
I
Create a Cent:-al Security Office to handle all personnel security
evaluations in tho executive branch (except with respect to members
of the Armed Forces and employees of the Defense Intelligence
Agency, National Security Agency, Central Intelligence Agency,
Federal Bureau of Investigation, Atomic Energy Commission, and.
the White Houso Staff), and all personnel security investigations
(except such inveAigations as are now handled by the Federal Bureau
of Investigation). Provide that this Central Security Office shall be
E These are to be conside?ed as target dates rather than firm commitments.
No attempt has been rm.de to arrange these recommendations in any particular order; and the numbering
of individual paragraphs is only for convenience of reference.
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staffed with professional security officers under civil service, and
headed by an official appointed by the President for a term of at least
10 years, subject to Senate confirmation. Continue authority in the
FBI to handle all personnel security investigations involving sub-
versive activity. Avoid giving the new Central Security Office authority
to grant or deny security clearances, since such authority should
remain, as at present, in the heads of the respective departments and
agencies of the executive branch.
II
Make it a felony for any person owing allegiance to the United
States to give aid or comfort to an adversary of the United States
(defined as a foreign nation or force engaged in open hostilities against
the United States or against Armed Forces of the United States).
III
Extend to 15 years the term of the statute of limitations with respect
to prosecution under any criminal statute dealing with treason or
espionage.
IV
Amend the first paragraph of the Smith Act so as to prohibit without
regard to the immediate effect thereof, the willful and knowing teaching
or advocacy of the duty, necessity, desirability, or propriety of over-
throwing or destroying, by force or violence, or by assassination of any
officer thereof, the Government of the United States or the Govern-
ment of any State, territory, district, or possession thereof, or the
government of any political subdivision therein.
V
Amend the Smith Act so as to redefine the word "organize," as used
in subsection 2(a) (3) thereof, as including recruitment of members for,
and formation or reorganization (at any level) of any unit of, an
existing organization.
VI
Make it a crime for any person having the purpose of helping to
bring about the overthrow of the Government of the United States
or of any political subdivision thereof, to urge, advise, or solicit the
use of force or violence by another or others for the advancement of
such purpose.
VII
Provide statutory underpinning for the industrial security program
of the Department of Defense.
VIII
Make a legislative declaration that it is per se a clear and present
danger to the national security to have employed in a defense facility
an individual who, after the expiration of 90 days following an order
of the SACB designating an organization as Communist in nature,
has elected to remain or become a member of such organization.
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IX
Make it a criminal offense for any person who is employed by, or
ts a member of, an, espionage organization or investigatory agency
of any foreign cot.ntry, to apply for, accept, or hold employment in
any agency of the Government of the United States, or in any defense
facility designated as such by the Secretary of Defense pursuant to
section 5 of the Subversive Activities Control Act as amended.
X
Amend the Subversive Activities Control Act to (1) provide guide-
lines for the Secr-~tary of Defense in connection with designation of
defense facilities, and (2) expressly provide that such designations
shall be subject to judicial review under the Administrative Pro-
cedure Act.
XI
Amend the Subversive Activities Control Act so as to provide that
any person who, after expiration of 90 days following a final order
of the Subversive Activities Control Board designating an organiza-
tion as CommuniE t in nature, becomes or elects to remain a member of
such organization, shall be barred from Federal employment.
XII
Deny ordinary income tax exemption under subsection 501(a)
of the Internal Revenue. Code, and the right to receive charitable
contributions as defined in subparagraph 170(c) (2) (B) of the Internal.
Revenue Code, to organizations which make donations to Communist
organizations, or members thereof, designated as such by final order
of the Subversive Activities Control Board.
XIII
Amend the Su oversive Activities Control Act to provide that any
appeal from an order of the Board designating an organization as
Communist in nature shall be considered and decided solely on the
basis of the evidence adduced before the Board, and that in any such
appeal the sole question to be decided shall be the validity of the
original Subversive Activities Control Board decision and order.
(This would give statutory affirmation to the view taken by the U.S.
Court of Appeals for the District of Columbia Circuit in Attorney
General v. National Council of American Soviet Friendship (322 Fed.
2d 375), where the Court said:
"The question on this record and under the statute is whether
this Council was a Communist-front organization at the time of the
inquiry by the Beard.")
XIV
Make the Subversive Activities Control Board a forum where
anyone denied c pportunity to work in defense industry because of
adverse unevaluated security information can go for relief. Authorize
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the Board to entertain petitions from persons who claim to be so
disadvantaged; to get from Government agencies and contractors
available security information concerning any such petitioner; to
disclose to the petitioner, so far as possible consonant with security,
the nature of any adverse statements; to permit the petitioner to
testify or submit the testimony of others in his behalf; and to get a
professional security evaluation report on the petitioner based on all
material presented. Provide that the Board shall make available to
the petitioner a summary of the evaluator's findings, and the conclu-
sions of the evaluation report, and upon request of the petitioner,
shall (1) make public such findings and conclusions, (2) send a copy
thereof to each concerned Government agency, and (3) send a copy
thereof to any Government contractor designated by the petitioner.
XV
Amend the civil service regulations so as to permit transfer of
loyal security risks to nonsensitive positions, or their dismissal under
normal civil service procedures, without public stigmatization of such
individuals as security risks.
XVI
Authorize use of the subpena power by any agency of the United
States engaged in hearing a loyalty or security case involving an
employee thereof or applicant for employment therein, for the pur-
pose of granting any reasonable request of such employee or applicant
for the production of any witness or other evidence in his behalf.
XVII
Require monthly reports, by all departments and agencies in the
executive branch, of statistics respecting separations of employees
as security risks. (Disclosure by name or otherwise of the identities
of employees so separated should not be required by this new statute.)
XVIII
Provide that no person who refuses to swear or affirm his allegiance
to the United States shall be entitled to receive, hold, or use any
creditential issued by the United States which identifies him as one
bearing allegiance to the United States.
XIX
Provide for regulation of the classification of documents for security
purposes, within the executive branch, so as to preclude (as nearly
as possible) arbitrary or nonessential classification.
XX
Prohibit falsification of identity in applying for a social security
account number card, or the possession or use of such a card bearing
a false, assumed, or fictitious name.
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XXI
Deny postal subsidies to any organization designated by final
,order of the Subversive Activities Control Board as Communist in
nature, and to anir person, group, or association, or any business or
trade organization, financed preponderately by any organization or
'organizations designated by final order of the Subversive Activities
Control Board as Communist in nature.
XXII
Prohibit importation into the United States, or shipment in inter-
state commerce, of goods produced by slave labor.
XXIII
Protect State antisubversive laws from invalidation based solely on
implied Federal occupation of the field. Effectively disavow,congres-
sional intent to preempt the field of internal security legislation, or
to invalidate provisions of State laws in this area which are not in
direct conflict wi,h congressional enactments. Avoid including in
legislation any provisions which might be construed either as ex-
pressing value judgments with respect to existing or proposed State
legislation, or as attempting to exercise the judicial function of de-
termining the corn titutionality of any State enactments.
XXIV
Put the International Organizations Employees Loyalty Board on
a statutory basis, as the agency designated to pass upon security
clearance of U.S. nationals employed by multination organizations,
and prohibit any U.S. national who does not hold such a' security
clearance from taking such employment.
XXV
Require that any person seeking to enter the United States with
the status of a me nber of a mission to, or as an employee of, a multi-
national organizat.on, must bear on his passport and any other official
credentials his true and lawful name and the place and date of his
birth.
XXVI
Give the Secret;iry of State statutory authority, with the approval
of the President, to prohibit travel by U.S. nationals to, within or
through any designated foreign nation or area, on the basis of his
formal finding, published in the Federal Register, that such travel is
contrary to the security interests of the United States or will sub-
stantially impede the conduct of foreign affairs.
XXVII
Require any agency furnishing intelligence to the Department of
State to designate specially any item thereof which it considers to
be of the highest level of importance from the standpoint of national
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security, and direct that any intelligence item so marked, or a copy
thereof, shall be transmitted immediately, as directly as possible, to
the Secretary of State.
XXVIII
Require that the Office of Security of the Department of State shall
be staffed entirely by employees under civil service.
XXIX
Prohibit any reprisal by any Government agency, or by any em-
ployee thereof acting in his official capacity or within the scope of his
official duties, against any witness who testifies or has testified before
any congressional committee, for or on account of his testimony or the
fact of his having testified.
XXX
Provide that a claim of the privilege against self-incrimination shall
not excuse any person serving or who has served an espionage organi-
zation of a foreign nation, or who is or has been a member of an
organization which advocates the overthrow by force or violence of
the Government of the United States or any political subdivision
thereof, from testifying about his activities in connection with such
espionage or subversion; but that any such person required by order
of a court of the United States, or by order of a committee of the
Congress, with the approval of the Attorney General of the United
States, to testify hereunder after so invoking a claim of privilege
against self-incrimination shall be immune from prosecution thereafter
with respect to any matter or thing disclosed by such testimony.
XXXI
Provide that a witness before a congressional committee may,
subject to the approval of the Attorney General of the United States,
be granted immunity from prosecution with respect to any matters or
things disclosed by his testimony responsive to the committee's
demand, following assertion by the witness of the privilege against
self-incrimination as the basis for a refusal to answer. Provide that
committee action to grant immunity to a witness shall require (1) a
favorable record vote by a majority including at least one member of
the minority party, and (2) inclusion, in the record of the hearing at
which the witness is to testify, of both (a) a certified copy of the com-
mittee minutes evidencing the vote to grant immunity, and (b) a
written statement signed by the Attorney General evidencing his
approval of the grant of immunity.
XXXII
Amend the act of June 22, 1938 (2 U.S.C. 192) so as to provide
that any question asked of a witness before a congressional committee
shall be deemed pertinent if reasonably calculated to produce infor-
mation within the scope of the committee's jurisdiction, including
(but without limitation) questions designed to : establish the identity
of a witness; qualify a witness as an expert; or provide information as
to the good faith of a witness' claim of privilege against self-incrimi-
nation as a basis for refusing to answer.
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8
XXXIII
Provide that any 'citizen of the United States residing in a foreign
country may be subpenaed by Congress, and failure to respond to
such a subpena, after having been tendered transportation expenses
and witnesses fees shall be a crime punishable in any Federal court
district to which the person subpenaed shall return, or in which he
May be found, wit ain 5 years.
XXIV
Provide that, w:.thout regard to any other provision of law respect-
ing immigration, any individual whose testimony as a witness is
1 desired by a committee of the Congress may be granted temporary
admission (or parole) into the United States when his entry is re-
quested by a written resolution approved by at least two-thirds of the
!members of the committee desiring his testimony, including at least
!one member of th, minority party.
XXXV
that nc court of the United States shall have jurisdiction
id
P
rov
e
to consider or decide whether a committee of the Congress is perform-
ing its duties satisfactorily, or in conformity with the mandate or will
I of its parent body. (Such a determination is the exclusive prerogative
1 of the legislative aody.)
XXXVI
Create a Communist Defectors Awards Board, to consist of the
Secretary of State, the Attorney General, the Director of the Federal
Bureau of Inves-,igation, the Director of the Central Intelligence
Agency, the chiefE of the intelligence branches of the Army, Navy, and
Air Force, and other appropriate officials of the U.S. intelligence com-
munity, with power and responsibility to grant admission to the
United States for permanent residence, and other benefits as justified
in particular cases, to defectors from Communist or Communist-
dominated countries.
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