Page images
PDF
EPUB

Senator WATKINS. Did you mention the history of passports and how they have been issued? I thought probably we ought to have some history with respect to this regulation.

Mr. CARTWRIGHT. Yes, sir.

Senator WATKINS. You don't have that? Can you furnish that? Mr. CARTWRIGHT. Well, we will be very happy to furnish the background, Mr. Chairman.1

Senator WATKINS. All right. You may proceed.

Mr. Slayman, my staff man, tells me that probably your technical people can give an answer right now.

Mr. CARTWRIGHT. I will be very happy to have Mr. Nicholas speak to that right now.

Senator WATKINS. Will you first identify yourself?

Mr. NICHOLAS. Ashley J. Nicholas, Chief of the Passport Legal Division, Passport Office, Department of State.

Senator WATKINS. Would you proceed to tell us something about the history of this last regulation addressed by Mr. Cartwright?

Mr. NICHOLAS. The last regulation to which Mr. Cartwright referred was a departmental regulation issued pursuant to the authority given to the Secretary of State by the Executive order issued by President Roosevelt in 1938, in which he authorized the Secretary of State to issue, refuse to issue, or restrict the issue of a passport to anyone and also authorized him to make regulations on the subject of issuing, refusing, and restricting passports not inconsistent with the Presidential regulations. And the regulations to which Mr. Cartwright referred were issued, first, by Mr. Acheson in 1952 and amended by Mr. Dulles in 1956 pursuant to the authority contained in President Roosevelt's Executive order of 1938 which is found in title 22 of the Code of Federal Regulations, section 51.77.

Senator HRUSKA. Mr. Nicholas, what were the nature of the changes between the 1952 and 1956 regulations, in brief?

Mr. NICHOLAS. In brief, the 1956 regulations gave the procedural rights to people who had been refused passports that were given to Communists and criminals in the 1952 regulations. It merely extended the procedure. There was no change in policy. We had always as far back as you can trace it refused passports to people of the categories mentioned in the regulations. Those who were violating the laws of the United States, who were taking acts contrary to the policy of the United States. That action was taken pursuant to the authority of the Secretary of State to refuse passports to anyone, authority he had before the laws and regulations were in effect and authority specifically given by the President to the Secretary of State in various Executive orders before the one of President Roosevelt in 1938.

Senator HRUSKA. Would it be accurate to say that the changes in the regulations as promulgated by Secretary Dulles of the regulations which Secretary Acheson had made, that those changes were procedural rather than substantive in character?

Mr. NICHOLAS. That is right.

Mr. SLAYMAN. Mr. Chairman, may I ask the witness a question? Senator WATKINS. Yes.

1 See appendix exhibits 8, 9, 10, 16.

Mr. SLAYMAN. Mr. Nicholas, you said as "far back as you can trace it." To what period of time are you referring? To the founding of the Republic?

Mr. NICHOLAS. As far as I can tell by reading the old digest, first, Moore's International Law and Hackworth's Digest of International Law, it has been the right of the Secretary of State to refuse to issue a passport to anyone.

Mr. SLAYMAN. Well, how many passports were issued in, say, the 18th century after 1789 up to 1800? How many passports were actually issued to American citizens?

Mr. NICHOLAS. That is something I don't have the statistics on and I doubt if I can get them. If I can, I will, but I don't think they are available.

Mr. SLAYMAN. Is it the actual fact that practically no passports were issued in that period?

Mr. NICHOLAS. Passports were issued in limited numbers until really the big demand for passports came with World War I.

Mr. SLAYMAN. What was the demand for passports in the 18th century?

Mr. NICHOLAS. Well, it was very, very small. Passports were not generally required at that time.

Senator WATKINS. Had you finished your answer?

Mr. NICHOLAS. Yes.

Mr. SLAYMAN. Isn't it a fact that in the 18th century there was no challenge of the right of a United States citizen to travel, to leave the United States, to reenter the United States, whether he had a passport or not?

Mr. NICHOLAS. That is right.

Mr. SLAYMAN. That there was no requirement that he have a passport?

Mr. NICHOLAS. That is right.

Mr. SLAYMAN. So that that amounted to a recognition that he had that right, that freedom of movement?

Mr. NICHOLAS. Yes.

Mr. SLAYMAN. Now, do you recall the origin of the American word "passport" itself?

Mr. NICHOLAS. No. I don't know whether it was originated here or whether it was a foreign word, I think, from abroad, from a French word "passporte." But passports were originally

Senator WATKINS. If the witness will please get over nearer the microphone-it is difficult to hear you.

Mr. NICHOLAS. Yes. Passports were originally issued by the governments of countries which were going to admit a person. Instead of being issued by the government of which a person was a citizen, it was a paper given to him by a foreign country.

Mr. SLAYMAN. Was this during peacetime or wartime?

Mr. NICHOLAS. Well, it was used chiefly during wartime. And then gradually in the early part of the 19th century, as my recollection is, passports were issued by the government of which a person was a citizen and that, for at least 125 years, has been more or less the universal custom.

Senator WATKINS. Thank you. You may proceed, Mr. Cartwright.

Mr. CARTWRIGHT. Continuing with quotations from Mr. Murphy's statement of April 2 to the Senate Foreign Relations Committee:

In addition to his discretionary control over which individuals are issued passports, the Secretary of State may also decide which countries they may visit. This takes the form of a validation stamp in each passport stating which countries may or may not be visited. Policy decisions as to which countries are intended or banned at the time are continually in the light of current developments. During wartime passports are validated for relatively few countries and close check is kept on which areas are safe for American travel. During World War II, for example, American passports were only good for 6 months and were taken up at the frontiers when citizens returned to the United States.

Generally speaking, the United States will not validate passports for travel to countries with which we do not have diplomatic relations. Americans traveling to such countries cannot be extended the usual protection offered American citizens and property abroad by our embassies and consulates. At the present time the following inscription is printed in every United States passport: "This passport is not valid for travel to the following areas under control of authorities with which the United States does not have diplomatic relations: Albania, Bulgaria, and those portions of China, Korea, and Vietnam under Communist control."

In addition to not validating passports for countries with which we have no diplomatic relations, the Secretary of State may from time to time decide that the safety of American citizens cannot be fully protected in certain countries. Groups often excepted in such cases are Red Cross and relief workers, priests, missionaries, and the press.

That is the end of the quotation from Mr. Murphy's statement, and I would like to continue.

In addition to the basis for denial of passports cited in the quoted portion of Mr. Murphy's statement, the passport regulations of the Department of State provide that persons denied passports be advised in writing of the tentative refusal and of the reasons on which it is based as specifically as in the judgment of the Department of State security considerations permit. Upon request and before refusal becomes final, the applicant is entitled to present his case and all relevant information on it to the Passport Office on an informal basis. At this time he is entitled to appear in person before a hearing officer and be represented by counsel. Upon request he will confirm his oral statements in an affidavit for the record.

Senator WATKINS. Mr. Cartwright, may I interrupt you at this point?

Senator O'MAHONEY. Mr. Cartwright, I got up to where you are reading on page 3 of your statement and I note this line:

In addition to the bases for denial of passports cited in the quoted portions of Mr. Murphy's statement, passport regulations of the Department of State provide that persons denied passports be advised in writing of the tentative refusal and of the reasons on which it is based as specifically—

now these are the particular words to which I wish to call your attention

as specifically as in the judgment of the Department of State security considerations permit.

Now how is the judgment of the Department of State reached? Who participates in forming that judgment?

Mr. CARTWRIGHT. At this point in the handling of passport cases, Senator, I'm speaking of the procedures within the Passport Office. Senator O'MAHONEY. And who is in the Passport Office?

Mr. CARTWRIGHT. The Director of the Passport Office and all of their employees there, but with specific reference to the

Senator O'MAHONEY. Well, what does that range?

Mr. CARTWRIGHT. I don't mean, Senator, that all of the personnel of the Passport Office are involved in this type of thing.

Senator O'MAHONEY. Well now, what members do participate? Mr. CARTWRIGHT. It would be at that point handled by the Legal Division of the Passport Office of which Mr. Nicholas is a representative here.

Senator O'MAHONEY. How many individuals?

Mr. NICHOLAS. Including the Director and the Deputy Director of the Passport Office, there would be not more than five people concerned who would make the decision.

Senator O'MAHONEY. Not more than five people would be concerned. Now who are the five people at the present time?

Mr. NICHOLAS. The Director, of course, Mrs. Frances Knight; the Deputy Director, Mr. Willis Young; myself; Mr. Johnson, the Chief of the Subversive Branch of the Passport Legal Division; Mr. Franzmathes, an attorney in the Subversive Division.

Senator O'MAHONEY. Are these civil-service employees?

Mr. NICHOLAS. All except Mrs. Knight are civil-service employees. Senator O'MAHONEY. What are their grades?

Mr. NICHOLAS. As I understand it

Mr. CARTWRIGHT. May I interrupt, Senator, please. Mrs. Knight is also a civil-service employee.

Senator O'MAHONEY. Well, there is a conflict of evidence here. Mr. CARTWRIGHT. It is a technical point. I don't think it is very significant. If I may explain

Senator O'MAHONEY. Well it may be. There are many technical points involved in this passport business.

Mr. CARTWRIGHT. Yes, Senator, I am quite aware of that. But Mrs. Knight has permanent civil-service rank. She is in a supergrade.

Senator O'MAHONEY. A supergrade. Well, from my experience by conversing with Mrs. Knight I think she is entitled to a supergrade classification.

Mr. CARTWRIGHT. Thank you, sir.

Senator O'MAHONEY. What is her salary?

Mr. NICHOLAS. Her grade is grade 17. I don't offhand know what the salary is.

Senator O'MAHONEY. What are the grades of the others?

Mr. NICHOLAS. The Deputy Director, Mr. Young, is in grade 15. I am in grade 14. Mr. Johnson is in grade 13, and Mr. Franzmathes is in grade 12.

Senator O'MAHONEY. Now, when you reach a decision of you five persons in this Division, is that the decision of the State Department? Mr. NICHOLAS. That is the decision of the Passport Office in this preliminary evaluation before the tentative refusal letter is written. Now the decision is based on the nature of the evidence, what we were told when we were given the evidence, whether it's a secret conversation.

Senator O'MAHONEY. What you were told when you were given the evidence? Mr. NICHOLAS. Yes.

Senator O'MAHONEY. Told by whom?

Mr. NICHOLAS. Well, we receive secret and confidential reports from various agencies of the Government. Some of it is highly classified and some of it isn't.

Senator O'MAHONEY. Are the applicants for passports allowed to see these reports?

Mr. NICHOLAS. No, sir.

Senator O'MAHONEY. Are they confronted with the witnesses who gave the report?

Mr. NICHOLAS. No, sir.

Senator O'MAHONEY. That is secret testimony, secret from the applicant, is it?

Mr. NICHOLAS. We give the applicant the gist of the evidence insofar as the security regulations permit.

Senator O'MAHONEY. Who determines what the gist is?

Mr. NICHOLAS. The people that I have just mentioned.

Senator O'MAHONEY. They determine what the gist is. Do they ever submit it to the Secretary of State?

Mr. NICHOLAS. The cases that are

Senator O'MAHONEY. No. No, that matter of the gist.

Mr. CARTWRIGHT. May I interrupt, Senator?

Senator O'MAHONEY. Won't you let the witness answer.

Mr. CARTWRIGHT. I thought I could clarify this thing.

Senator O'MAHONEY. He is before the committee and started to answer the question and you wanted to answer in place of him. I would prefer to have his answer first. You will have the opportunity then to explain it away if it needs explanation.

Mr. NICHOLAS. After the Passport Office has drafted the letter setting forth the information it thinks should be contained therein, it is sent to other offices of the Department.

Senator O'MAHONEY. No, no. You misunderstand me. You testified that in formulating this judgment you would give the applicant the gist of the information against him.

Mr. NICHOLAS. Yes, sir.

Senator O'MAHONEY. Now I am trying to find out who determines what the gist is.

Mr. NICHOLAS. Now the persons I have mentioned make the determination. We draft a letter setting forth that information addressed to the applicant. That letter and the accompanying files are sent to the Office of the Bureau of Security and Consular Affairs.

Senator O'MAHONEY. Well, now, in writing this letter do you consult the persons who give the derogatory testimony?

Mr. NICHOLAS. No, we don't consult with them.

Senator O'MAHONEY. Do you ever see them?

Mr. NICHOLAS. Not as a rule.

Senator O'MAHONEY. So that so far as you are concerned and so far as the applicant is concerned, this derogatory information is pure hearsay.

Mr. NICHOLAS. Well, the information we get is evaluated, that is, the creditability of the informant is evaluated by the agency that furnishes the information.

Senator O'MAHONEY. It is secret, is it not?

Mr. NICHOLAS. They furnish us their evaluation.

Senator O'MAHONEY. But they make their evaluation in secret-not in a public hearing.

« PreviousContinue »