The McCarran Act, or Internal Security Act, was adopted in 1950 during the Red Scare. It was passed by the United States Congress in 1950 over the veto of President Harry Truman. The act required communist organisations to register with the government, while government agencies were given authority to investigate “subversive activities”:
“An Act to protect the United States against certain un-American and subversive activities by requiring registration of Communist organisations, and for other purposes…
Section II
As a result of evidence adduced before various committees of the Senate and House of Representatives, the Congress hereby finds that:
1. There exists a world Communist movement which, in its origins, its development and its present practice is a worldwide revolutionary movement whose purpose it is, by treachery, deceit, infiltration into other groups (governmental and otherwise), espionage, sabotage, terrorism, and any other means deemed necessary, to establish a Communist totalitarian dictatorship in the countries throughout the world through the medium of a world-wide Communist organisation.
2. The establishment of a totalitarian dictatorship in any country results in the suppression of all opposition to the party in power, the subordination of the rights of individuals to the state, the denial of fundamental rights and liberties which are characteristic of a representative form of government, such as freedom of speech, of the press, of assembly, and of religious worship, and results in the maintenance of control over the people through fear, terrorism, and brutality.
3. The system of government known as a totalitarian dictatorship is characterised by the existence of a single political party, organised on a dictatorial basis, and by substantial identity between such party and its policies and the government and governmental policies of the country in which it exists…
9. In the United States, those individuals who knowingly and wilfully participate in the world Communist movement, when they so participate, in effect repudiate their allegiance to the United States, and in effect transfer their allegiance to the foreign country in which is vested the direction and control of the world Communist movement…
12. The Communist network in the United States is inspired and controlled in large part by foreign agents who are sent into the United States ostensibly as attaches of foreign legations, affiliates of international organisations, members of trading commissions, and in similar capacities, but who use their diplomatic or semi-diplomatic status as a shield behind which to engage in activities prejudicial to the public security…
15. The Communist movement in the United States is an organisation numbering thousands of adherents, rigidly and ruthlessly disciplined. Awaiting and seeking to advance a moment when the United States may be so far extended by foreign engagements, so far divided in counsel, or so far in industrial or financial straits, that overthrow of the Government of the United States by force and violence may seem possible of achievement, it seeks converts far and wide by an extensive system of schooling and indoctrination…
Section IV
It shall be unlawful for any person knowingly to combine, conspire, or agree, with any other person to perform any act which would substantially contribute to the establishment within the United States of a totalitarian dictatorship… the direction and control of which is to be vested in, or exercised by or under the domination or control of, any foreign government, foreign organisation, or foreign individual…
It shall be unlawful for any officer or employee of the United States or of any department or agency… to communicate in any manner or by any means, to any other person whom such officer or employee knows or has reason to believe to be an agent or representative of any foreign government or any officer or member of any Communist organisation… any information… affecting the security of the United States…
Section IX
The Attorney General shall keep and maintain separately in the Department of Justice:
1. A ‘Register of Communist-Action Organisations’, which shall include the names and addresses of all Communist-action organisations… the registration statements and annual reports filed by such organisations thereunder, and the registration statements filed by individuals under section VIII;
2. A ‘Register of Communist-Front Organisations’…
Such registers shall be kept and maintained in such manner as to be open for public inspection…
Section XII
There is hereby established a board, to be known as the Subversive Activities Control Board, which shall be composed of five members, who shall be appointed by the President, by and with the advice and consent of the Senate…
Section XIII
Whenever the Attorney General shall have reason to believe that any organisation which has not registered… is, in fact, an organization of a kind required to be registered under such subsection, or that any individual who has not registered… is in fact required to register under such section, he shall file with the Board and serve upon such organisation or individual a petition for an order requiring such organisation or individual to register…
The Board… may hold hearings, administer oaths and affirmations, may examine witnesses and receive evidence at any place in the United States, and may require by subpoena the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed relevant, to the matter under inquiry. Subpoenas may be signed and issued by any member of the Board or any duly authorised examiner…
Where an organisation or individual declines or fails to appear at a hearing… the Board may, without further proceedings and without the introduction of any evidence, enter an order requiring such organisation or individual to register or denying the application of such organisation or individual, as the case may be…”