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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:
I 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 specificallynow these are the particular words to which I wish to call your attentionas 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 OʻMAHONEY. Are these civil-service employees?
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 OMAHONEY. 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.
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.
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?
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. 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. 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?
Senator O'MAHONEY. But they make their evaluation in secret-not in a public hearing.
Mr. NICHOLAS. No.
Senator O’MAHONEY. Now do you think that that is a free, open hearing?
Mr. NICHOLAS. This is before the hearing stage, Senator.
Senator O’MAHONEY. Well, can you set up a free, open hearing with respect to any applicant for a passport without allowing him to be confronted by the witnesses against him?
Mr. NICHOLAS. Well, that is a question of judgment.
Senator O’MAHONEY. That is precisely what I am pointing out. It is a question of judgment, and the five people that you have mentioned are the ones who use that judgment. Now is there any rule or regulation by which that judgment is controlled? Are you given any instructions how to exercise judgment on secret testimony?
Mr. NICHOLAS. We give the person the gist of the information and he is permitted every opportunity to make his answer.
Senator O'MAHONEY. But the gist is just your judgment as to whether or not this is really derogatory evidence. You know you couldn't convict anybody in open court on such matters, don't you?
Mr. NICHOLAS. This isn't a criminal proceeding, Senator.
Senator O’MAHONEY. Well, of course, and that is all the more reason that it should be a perfectly clear and open proceeding:
Mr. NICHOLAS. We don't have the people, the facilities, the money, the power of subpena, to conduct trials of this nature.
Senator O'MAHONEY. Well if you don't have the facilities to make this judgment, why should you be permitted to make it?
Mr. CARTWRIGHT. I don't want to interrupt you, Senator, but—
Senator O’MAHONEY. Well, I like to be interrupted by good-looking witnesses.
Mr. CARTWRIGHT. I have additional parts in my statement which go further into procedure, and will explain, I believe, the statements Mr. Nicholas has been making surrounding this initial tentative denial prior to hearing, prior to final decision, prior to final action by the Department.
Senator O’MAHONEY. Will you proceed with that statement.
Mr. CARTWRIGHT. I think it might help, Senator, and be of interest to you; I don't know.
Senator O’MAHONEY. Well, you were going to make an answer but Mr. Nicholas attempted to respond for you.
Mr. CARTWRIGHT. That is what I wanted to say, Senator. I wanted to ask if I could complete the statement bringing out the remainder of the procedure which would provide you with perhaps an additional basis for questioning on that.
Senator O'MAHONEY. Proceed.
Mr. CARTWRIGHT. Upon request, and before refusal becomes final, the applicant is entitled to present his case and all relevant information to the Passport Office on an informal basis. At this time he is entitled to appear in person before a hearing officer and to be represented by counsel. Upon request he will confirm his oral statements in an affidavit for the record.
Thereafter, the Passport Office must review the record and after consultation with other interested offices will advise the applicant of the decision. If the decision is adverse, the applicant must be advised in writing and the letter must contain the reasons on which the decision is based as specifically as the Department of State security limitations permit.
Senator OʻMAHONEY. Are these regulations in writing!
Mr. CARTWRIGHT. The Executive order, the regulations are in writing; yes, sir.
Senator O'MAHONEY. Will you file them for the record!
(Supplement to Passport Regulations)
TITLE 22-FOREIGN RELATIONS
CHAPTER I. DEPARTMENT OF STATE
Subpart B-Regulations of the Secretary of State Pursuant to the authority vested in me by paragraph 126 of Executive Order No. 7856, issued on March 31, 1938 (3 F. R. 681 ; 22 CFR 51.77), under authority of section 1 of the Act of Congress approved July 3, 1926 (44 Stat. 887; 22 USC 211 (a)), the regulations issued on March 31, 1938 (Departmental Order 749) as amended (22 CFR 51.101 to 51.134) are hereby further amended by the addition of new sections 51.135 to 51.143 as follows:
8 51.135 Limitation on Issuance of Passports to Persons Supporting Communist Movement. In order to promote the national interest by assuring that persons who support the world Communist movement of which the Communist Party is an integral unit may not, through use of United States passports, further the purposes of that movement, no passport, except one limited for direct and immediate return to the United States, shall be issued to:
(a) Persons who are members of the Communist Party or who have recently terminated such membership under such circumstances as to warrant the conclusion—not otherwise rebutted by the evidence—that they continue to act in furtherance of the interests and under the discipline of the Communist Party;
(b) Persons, regardless of the formal state of their affiliation with the Communist Party, who engage in activities which support the Communist movement under such circumstances as to warrant the conclusion-not otherwise rebutted by the evidence—that they have engaged in such activities as a result of direction, domination, or control exercised over them by the Communist movement.
(c) Persons, regardless of the formal state of their affiliation with the Communist Party, as to whom there is reason to believe, on the balance of all the evidence, that they are going abroad to engage in activities which will advance the Communist movement for the purpose, knowingly and willfully of advancing that movement.
$ 51.136 Limitations on Issuance of Passports to Persons Likely to Violate Laws of the United States. In order to promote the national interest by assuring that the conduct of foreign relations shall be free from unlawful interference, no passport, except one limited for direct and immediate return to the United States, shall be issued to persons as to whom there is reason to believe, on the balance of all the evidence, that they are going abroad to engage in activities while abroad which would violate the laws of the United States, or which if carried on in the United States would violate such laws designed to protect the security of the United States.
$ 51.137 Notification to Person Whose Passport Application Is Tentatively Disapproved. A person whose passport application is tentatively disapproved under the provisions of $ 51.135 or $ 51.136 will be notified 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. He shall be entitled, upon request, and before such refusal becomes final, to present his