(Testimony of Frances G. Knight)
Mr. Coleman.
of its decision. In making its decision, the Passport Office shall not take into consideration confidential security information that is not made available to the applicant in accordance with paragraph (a) of this section. If the decision is adverse to the applicant, he shall be notified in writing, and the notification shall state the reasons for the decision. Such notification shall also inform the applicant of his right to appeal to the Board, of Passport Appeals under section 51.139."
Mr. Coleman.
What in there says you have to issue a passport to a person that you know is a member of the Communist Party after there has been a decision that the Communist Party has to register under the 1950 act?
Miss KNIGHT. In accordance with these regulations we cannot consider information in the passport file if that information is confidential and can't be used in open court or in an open hearing. The information on persons who are involved in the Communist activities is, for the most part, confidential information and cannot be revealed in open court.
Mr. Coleman.
You say, if you have an FBI report which says that "Mr. So and So" is a member of the Communist Party, and that is in your record, and if he applies for a passport, you have to issue him that passport?
Miss KNIGHT. Under the regulations of the Department we would have to issue him a passport if the information in the FBI report cannot be made public.
Representative Ford.
There has to be information which is confidential, however?
Miss KNIGHT. Well, the information in the report and the determination as to whether that information can be made public and can be used in court is made by the investigative agency that provides it.
Representative Ford.
Well, if the agency, the security agency has a card issued by the Communist Party to this individual, and that information is given to the applicant, you can still deny this passport under section 51.135, can't you?
Miss KNIGHT. You mean if the FBI, let's say an FBI report, gave us information that the person is an active member of the Communist Party?
Representative Ford.
That he has actually, just for illustrative purposes, a card issued by the Communist Party and the Department gives this information to the applicant, it is not confidential, it is given to the applicant, can't you deny a passport under section 51.135?
Miss KNIGHT. Yes; yes.
Representative Ford.
Well, then, I think the answer is that you do have authority to deny passports to Communists where the information----
Miss KNIGHT. Is made available.
Representative Ford.
Is made available.
Miss KNIGHT. Yes; where the information is made available and can be used in an open hearing.
But from a practical operation, this is very difficult to do because most of the information in the FBI reports is confidential and by bringing forth their informers they certainly destroy their security.
Mr. Coleman.
Miss Knight, the same regulation that is in effect today was also the regulation in effect in 1963, isn't it?
Miss KNIGHT. Yes.
Mr. Coleman.
Now, as of March 14, 1964, didn't the Department establish another category for lookout cards, namely for defectors?
Miss KNIGHT. Yes; we have that. I think that was provided to the Commission.
Mr. Coleman.
Yes.
Miss KNIGHT. Yes.
Mr. Coleman.
Now, you do that under whatever authority that you had as of 1963, don't you? You haven't been given any additional congressional authority, have you?
Miss KNIGHT. No; but we haven't denied passports to any of them, either.
Mr. Coleman.
Does that mean that despite this memorandum from Mr. Schwartz to you under date of March 14, 1964, if a known defector came in and asked for a passport, you would issue him one today?
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