Evidence for determinati on. 68 Stat. 778. 68 Stat. 779. (b) The section caption to section 13 of such Act (50 U. S. C. 792) is amended to read as follows: "REGISTRATION PROCEEDINGS BEFORE THE BOARD". SEC. 10. Such Act is amended by inserting, immediately after section 13 thereof, the following new section: "PROCEEDINGS WITH RESPECT TO COMMUNIST-INFILTRATED ORGANIZATIONS "SEC. 13A. (a) Whenever the Attorney General has reason to believe that any organization is a Communist-infiltrated organization, he may file with the Board and serve upon such organization a petition for a determination that such organization is a Communist-infiltråted organization. In any proceeding so instituted, two or more affiliated organizations may be named as joint respondents. Whenever any such petition is accompanied by a certificate of the Attorney General to the effect that the proceeding so instituted is one of exceptional public importance, such proceeding shall be set for hearing at the earliest possible time and all proceedings therein before the Board or any court shall be expedited to the greatest practicable extent. "(b) Any organization which has been determined under this section to be a Communist-infiltrated organization may, within six months after such determination, file with the Board and serve upon the Attorney General a petition for a determination that such organization no longer is a Communist-infiltrated organization. "(c) Each such petition shall be verified under oath, and shall contain a statement of the facts relied upon in support thereof. Upon the filing of any such petition, the Board shall serve upon each party to such proceeding a notice specifying the time and place for hearing upon such petition. No such hearing shall be conducted within twenty days after the service of such notice. "(d) The provisions of subsections (c) and (d) of section 13 shall apply to hearings conducted under this section, except that upon the failure of any organization named as a party in any petition filed by or duly served upon it pursuant to this section to appear at any hearing upon such petition, the Board may conduct such hearing in the absence of such organization and may enter such order under this section as the Board shall determine to be warranted by evidence presented at such hearing. "(e) In determining whether any organization is a Communistinfiltrated organization, the Board shall consider "(1) to what extent, if any, the effective management of the affairs of such organization is conducted by one or more individuals who are, or within two years have been, (A) members, agents, or representatives of any Communist organization, and Communist foreign government, or the world Communist movement referred to in section 2 of this title, with knowledge of the nature and purpose thereof, or (B) engaged in giving aid or support to any such organization, government, or movement with knowledge of the nature and purpose thereof; "(2) to what extent, if any, the policies of such organization are, or within three years have been, formulated and carried out pursuant to the direction or advice of any member, agent, or representative of any such organization, government, or movement; "(3) to what extent, if any, the personnel and resources of such organization are, or within three years have been, used to further or promote the objectives of any such Communist organization, "(4) to what extent, if any, such organization within three years has received from, or furnished to or for the use of, any such Communist organization, government, or movement any funds or other material assistance; "(5) to what extent, if any, such organization is, or within three years has been, affiliated in any way with any such Communist organization, government, or movement; (6) to what extent, if any, the affiliation of such organization, or of any individual or individuals who are members thereof or who manage its affairs, with any such Communist organization, government, or movement is concealed from or is not disclosed to the membership of such organization; and “(7) to what extent, if any, such organization or any of its members or managers are, or within three years have been, knowingly engaged "(A) in any conduct punishable under section 4 or 15 of this Act or under chapter 37, 105, or 115 of title 18 of the 62 Stat. 736, United States Code; or 797, 807. "(B) with intent to impair the military strength of the United States or its industrial capacity to furnish logistical or other support required by its armed forces, in any activity resulting in or contributing to any such impairment. "(f) After hearing upon any petition filed under this section, the Board shall (1) make a report in writing in which it shall state its findings as to the facts and its conclusions with respect to the issues presented by such petition, (2) enter its order granting or denying the determination sought by such petition, and (3) serve upon each party to the proceeding a copy of such order. Any order granting any determination on the question whether any organization is a Communist-infiltrated organization shall become final as provided in section 14 (b) of this Act. "(g) When any order has been entered by the Board under this section with respect to any labor organization or employer (as these terms are defined by section 2 of the National Labor Relations Act, as 61 Stat. 138. amended, and which are organizations within the meaning of section 3 29 USC 152. of the Subversive Activities Control Act of 1950), the Board shall 50 USC 782. serve a true and correct copy of such order upon the National Labor Relations Board and shall publish in the Federal Register a statement of the substance of such order and its effective date. "(h) When there is in effect a final order of the Board determining that any such labor organization is a Communist-action organization, Communist-front organization, or a Communist-infiltrated organization, such labor organization shall be ineligible to 68 Stat. 779. "(1) act as representative of any employee within the meaning 68 Stat. 780. or for the purposes of section 7 of the National Labor Relations Act, as amended (29 U. S. C. 157); "(2) serve as an exclusive representative of employees of any bargaining unit under section 9 of such Act, as amended (29 U. Š. C. 159); "(3) make, or obtain any hearing upon, any charge under section 10 of such Act (29 U. S. C. 160); or "(4) exercise any other right or privilege, or receive any other benefit, substantive or procedural, provided by such Act for labor organizations. "(i) When an order of the Board determining that any such labor organization is a Communist-infiltrated organization has become final, and such labor organization theretofore has been certified under the National Labor Relations Act, as amended, as a representative of 29 USC 167. All 68 Stat. 780. 29 USC 159. 29 USC 159. 29 USC 159. Separability. (1) a question of representation affecting commerce, within the meaning of section 9 (c) of such Act, shall be deemed to exist with respect to such bargaining unit; and "(2) the National Labor Relations Board, upon petition of not less than 20 per centum of the employees in such bargaining unit or any person or persons acting in their behalf, shall under section 9 of such Act (notwithstanding any limitation of time contained therein) direct elections in such bargaining unit or any subdivision thereof (A) for the selection of a representative thereof for collective bargaining purposes, and (B) to determine whether the employees thereof desire to rescind any authority previously granted to such labor organization to enter into any agreement with their employer pursuant to section 8 (a) (3) (ii) of such Act. "(j) When there is in effect a final order of the Board determining that any such employer is a Communist-infiltrated organization, such employer shall be ineligible to "(1) file any petition for an election under section 9 of the National Labor Relations Act, as amended (29 U. S. C. 157), or participate in any proceeding under such section; or "(2) make or obtain any hearing upon any charge under section 10 of such Act (29 U. S. C. 160); or "(3) exercise any other right or privilege or receive any other benefit, substantive or procedural, provided by such Act for employers." SEC. 11. Subsections (a) and (b) of section 14 of such Act (50 U. S. C. 793) are amended by inserting in each such subsection, immediately after the words "section 13", a comma and the following: "or subsection (f) of section 13A,". SEC. 12. If any provision of this title or the application thereof to any person or circumstances is held invalid, the remainder of the title, and the application of such provisions to other persons or circumstances, shall not be affected thereby. Chapter 1008 2d Session S. 3769 AN ACT All 68 Stat. 867. To amend section 709 of title 18, United States Code, so as to protect the name of the Federal Bureau of Investigation from commercial exploitation. ti on. Use of name. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 709 of Federal Bureau title 18, United States Code, is amended by inserting immediately after of Investigathe eighth paragraph thereof a new paragraph as follows: "Whoever, except with the written permission of the Director of the 62 Stat. 733. Federal Bureau of Investigation, knowingly uses the words 'Federal Bureau of Investigation' .or the initials F. B. I.', or any colorable imitation of such words or initials, in connection with any advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, or other production, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, or other production, is approved, endorsed, or authorized by the Federal Bureau of Investigation; or". Approved August 27, 1954. To amend section 2201 of title 28, United States Code, to extend the Federal Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sen- Alaska. tence of section 2201 of title 28, United States Code, is amended by Federal Declarinserting after the words "any court in the United States" the words atory Judgments "and the District Court for the Territory of Alaska", so that the sentence will read as follows: 2201. Creation of remedy "In a case of actual controversy within its jurisdiction, except with respect to Federal taxes, any court of the United States and the District Court for the Territory of Alaska, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought.' Approved August 28, 1954. Aot. 62 Stat. 964. To authorize and direct the investigation by the Attorney General of certain offenses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwith- Attorney General standing any other provision of law, and without limiting the author- and FBI. offenses. ity to investigate any matter which may have been or may hereafter Authority to inbe conferred upon them, or upon any other department or agency of vestigate certain the Government, the Attorney General and the Federal Bureau of Investigation shall have authority to investigate any violation of title 18. United States Code, involving Government officers and employees. 62 Stat. 683. Any information, allegation, or complaint received in any department or agency of the executive branch of the Government relating to said violations involving Government officers and employees shall be expeditiously reported to the Attorney General by the head of such department or agency, unless the responsibility to perform an investigation with respect thereto is specifically otherwise assigned by another provision of law, or unless the Attorney General otherwise directs with respect, as to any department or agency of the Government, tọ 68 Stat. 998. any specified class of information, allegation, or complaint: Provided, 68 Stat. 999. That the provisions of this section shall not limit, in any way, the exist ing authority of the military departments to investigate persons or offenses over which the Armed Forces have jurisdiction under the Uni form Code of Military Justice: Provided further, That the provisions 64 Stat. 107. of this section shall not limit, in any way, the primary authority of 50 USC 551-741. the Postmaster General to investigate postal offenses. SEC. 2. Section 3056 of title 18, United States Code, is amended by 62 Stat. 818. striking out the following: "detect and arrest any person violating any laws of the United States directly concerning official matters administered by and under the direct control of the Treasury Department;". Approved August 31, 1954. |