Chapter 771 2d Session H. R. 7486 AN ACT All 68 Stat. 747. To amend section 1071 of title 18, United States Code, relating to the concealing of persons from arrest, so as to increase the penalties therein provided. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1071 Harboring of of title 18, United States Code, is amended to read as follows: oriminal. Penalty. "Whoever harbors or conceals any person for whose arrest a warrant 62 Stat. 755. or process has been issued under the provisions of any law of the United States, so as to prevent his discovery and arrest, after notice or knowledge of the fact that a warrant or process has been issued for the apprehension of such person, shall be fined not more than $1,000 or imprisoned not more than one year, or both; except that if the warrant or process issued on a charge of felony, or after conviction of such person of any offense, the punishment shall be a fine of not more than $5,000, or imprisonment for not more than five years, or both." Approved August 20, 1954. (365) Chapter 772 - 2d Session AN ACT To amend title 18, United States Code, to provide for the punishment of persons who jump bail. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 207 of Bail Jumpers. title 18, United States Code, is amended by inserting, immediately Penalties. following section 3145 of such chapter, a new section to be designated 62 Stat. 821. as section 3146 and to read as follows: § 3146. Jumping bail "Whoever, having been admitted to bail for appearance before any United States commissioner or court of the United States, incurs a forfeiture of the bail and willfully fails to surrender himself within thirty days following the date of such forfeiture, shall, if the bail was given in connection with a charge of felony or pending appeal or certiorari after conviction of any offense, be fined not more than $5,000 or imprisoned not more than five years, or both; or, if the bail was given in connection with a charge of committing a misdemeanor, or for appearance as a witness, be fined not more than $1,000 or imprisoned not more than one year, or both. "Nothing in this section shall interfere with or prevent the exercise by any court of the United States of its power to punish for contempt." SEC. 2. The analysis of chapter 207 of title 18, United States Code, immediately preceding section 3141 of such title, is amended by adding the following new item: 3146. Jumping bail." Approved August 20, 1954. 68 Stat. 747. 68 Stat. 748. Public Law 637 83d Congress AN ACT To outlaw the Communist Party, to prohibit members of Communist organizations from serving in certain representative capacities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Communist Concited as the "Communist Control Act of 1954". FINDINGS OF FACT trol Aot of 1954. SEC. 2. The Congress hereby finds and declares that the Communist Party of the United States, although purportedly a political party, is in fact an instrumentality of a conspiracy to overthrow the Government of the United States. It constitutes an authoritarian dictatorship within a republic, demanding for itself the rights and privileges accorded to political parties, but denying to all others the liberties guaranteed by the Constitution. Unlike political parties, which evolve their policies and programs through public means, by the reconciliation of a wide variety of individual views, and submit those policies and programs to the electorate at large for approval or disapproval, the policies and programs of the Communist Party are secretly prescribed for it by the foreign leaders of the world Communist movement. Its members have no part in determining its goals, and are not permitted to voice dissent to party objectives. Unlike members of political parties, members of the Communist Party are recruited for indoctrination with respect to its objectives and methods, and are organized, instructed, and disciplined to carry into action slavishly the assignments given them by their hierarchical chieftains. Unlike political parties, the Communist Party acknowledges no constitutional or statutory limitations upon its conduct or upon that of its members. The Communist Party is relatively small numerically, and gives scant indication of capacity ever to attain its ends by lawful political means. The peril inherent in its operation arises not from its numbers, but from its failure to acknowledge any limitation as to the nature of its activities, and its dedication to the proposition that the present constitutional Government of the United States ultimately must be brought to ruin by any available means, including resort to force and violence. Holding that doctrine, its role as the agency of a hostile foreign power renders its existence a clear present and continuing danger to the 68 Stat. 775. security of the United States. It is the means whereby individuals 68 Stat. 176. are seduced into the service of the world Communist movement, trained to do its bidding, and directed and controlled in the conspiratorial performance of their revolutionary services. Therefore, the Communist Party should be outlawed. PROSCRIBED ORGANIZATIONS SEC. 3. The Communist Party of the United States, or any successors of such party regardless of the assumed name, whose object or purpose is to overthrow the Government of the United States, or the government of any State, Territory, District, or possession thereof, or the government of any political subdivision therein by force and violence, are not entitled to any of the rights, privileges, and immunities attendant upon legal bodies created under the jurisdiction of the laws of the United States or any political subdivision thereof; and whatever rights, privileges, and immunities which have heretofore been granted to said party or any subsidiary organization by reason of the laws of the United States or any political subdivision thereof, are hereby terminated: Provided, however, That nothing in this (367) 64 Stat. 987. Definition. Evidence for determination. 68 Stat. 776. 68 Stat. 777. section shall be construed as amending the Internal Security Act of 1950, as amended. SEC. 4. Whoever knowingly and willfully becomes or remains member of (1) the Communist Party, or (2) any other organization having for one of its purposes or objectives the establishment, control conduct, seizure, or overthrow of the Government of the United States, or the government of any State or political subdivision thereof, by the use of force or violence, with knowledge of the purpose or objective of such organization shall be subject to all the provisions and penalties of the Internal Security Act of 1950, as amended, as a member of a "Communist-action" organization. (b) For the purposes of this section, the term "Communist Party" means the organization now known as the Communist Party of the United States of America, the Communist Party of any State or subdivision thereof, and any unit or subdivision of any such organization, whether or not any change is hereafter made in the name thereof. SEC. 5. In determining membership or participation in the Communist Party or any other organization defined in this Act, or knowledge of the purpose or objective of such party or organization, the jury, under instructions from the court, shall consider evidence, if presented, as to whether the accused person: (1) Has been listed to his knowledge as a member in any book or any of the lists, records, correspondence, or any other document of the organization; (2) Has made financial contribution to the organization in dues, assessments, loans, or in any other form; (3) Has made himself subject to the discipline of the organization in any form whatsoever; (4) Has executed orders, plans, or directives of any kind of the organization; (5) Has acted as an agent, courier, messenger, correspondent, organizer, or in any other capacity in behalf of the organization; (6) Has conferred with officers or other members of the organization in behalf of any plan or enterprise of the organization; (7) Has been accepted to his knowledge as an officer or member of the organization or as one to be called upon for services by other officers or members of the organization; (8) Has written, spoken or in any other way communicated by signal, semaphore, sign, or in any other form of communication orders, directives, or plans of the organization; (9) Has prepared documents, pamphlets, leaflets, books, or any other type of publication in behalf of the objectives and purposes of the organization; (10) Has mailed, shipped, circulated, distributed, delivered, or in any other way sent or delivered to others material or propaganda of any kind in behalf of the organization; (11) Has advised, counseled or in any other way imparted information, suggestions, recommendations to officers or members of the organization or to anyone else in behalf of the objectives of the organization; (12) Has indicated by word, action, conduct, writing or in any other way a willingness to carry out in any manner and to any degree the plans, designs, objectives, or purposes of the organization; (13) Has in any other way participated in the activities, planning, actions, objectives, or purposes of the organization; (14) The enumeration of the above subjects of evidence on membership or participation in the Communist Party or any other or consideration of any other subject of evidence on membership and participation as herein stated. SUBVERSIVE ACTIVITIES CONTROL ACT AMENDMENT SEC. 6. Subsection 5 (a) (1) of the Subversive Activities Control Unlawful act. Act of 1950 (50 U. S. C. 784) is amended by striking out the period at 64 Stat. 992. the end thereof and inserting in lieu thereof a semicolon and the following: "or "(E) to hold office or employment with any labor organization, as that term is defined in section 2 (5) of the National Labor Relations Act, as amended (29 U. S. C. 152), or to represent 61 Stat. 138. any employer in any matter or proceeding arising or pending under that Act." COMMUNIST-INFILTRATED ORGANIZATIONS SEC. 7. (a) Section 3 of the Subversive Activities Control Act of Definitions. 1950 (50 U. S. C. 782) is amended by inserting, immediately after paragraph (4) thereof, the following new paragraph: "(4A) The term 'Communist-infiltrated organization' means any organization in the United States (other than a Communist-action organization or a Communist-front organization) which (A) is substantially directed, dominated, or controlled by an individual or individuals who are, or who within three years have been actively engaged in, giving aid or support to a Communist-action organization, a Communist foreign government, or the world Communist movement referred to in section 2 of this title, and (B) is serving, or within three years has served, as a means for (i) the giving of aid or support to any such organization, government, or movement, or (ii) the impairment of the military strength of the United States or its industrial capacity to furnish logistical or other material support required by its Armed Forces: Provided, however, That any labor organization which is an affiliate in good standing of a national federation or other labor organization whose policies and activities have been directed to opposing Communist organizations, any Communist foreign government, or the world Communist movement, shall be presumed prima facie not to be a 'Communist-infiltrated organization"." (b) Paragraph (5) of such section is amended to read as follows: 68 Stat. 777. (5) The term 'Communist organization' means any Communist-68 Stat. 778. action organization, Communist-front organization, or Communist infiltrated organization." (c) Subsections 5 (c) and 6 (c) of such Act are repealed. Repeals. SEC. 8. (a) Section 10 of such Act (50 U. S. C. 789) is amended 50 USC 784(0), by inserting, immediately after the words "final order of the Board 785(0). requiring it to register under section 7", the words "or determining Mailing requirethat it is a Communist-infiltrated organization". ments, eto. (b) Subsections (a) and (b) of section 11 of such Act (50 U. S. C. Taxes. 790) are amended by inserting immediately preceding the period at the end of each such subsection, the following: "or determining that it is a Communist-infiltrated organization". SEC. 9. (a) Subsection 12 (e) of such Act (50 U. S. C. 791) is Subversive Aoamended by tivities Control (1) striking out the period at the end thereof and inserting in Board. lieu thereof a semicolon and the word "and"; and (2) inserting at the end thereof the following new paragraph: "(3) upon any application made under subsection (a) or subsection (b) of section 13A of this title, to determine whether any |