B-121710, MARCH 9, 1955, 34 COMP. GEN. 434

B-121710, MARCH 9, 1955, 34 COMP. GEN. 434

OFFICERS AND EMPLOYEES - SUBVERSIVE ORGANIZATION MEMBERSHIP IN VIEW OF THE FACT THAT THE DEPARTMENT OF JUSTICE HAS NOT COMPILED A SPECIFIC LIST OF ORGANIZATIONS ADVOCATING THE OVERTHROW OR DESTRUCTION OF THE GOVERNMENT, THAT DEPARTMENT SHOULD BE CONSULTED ON ANY QUESTION CONCERNING THE SUBVERSIVE CHARACTER OF A PARTICULAR ORGANIZATION IN DETERMINING VIOLATIONS OF SECTION 9A OF THE HATCH ACT OR OF RESTRICTIONS SIMILAR TO THAT IN SECTION 301 OF THE FIRST INDEPENDENT OFFICES APPROPRIATION ACT, 1954, AGAINST PAYMENT OF COMPENSATION TO PERSONS WHO ARE MEMBERS OF ORGANIZATIONS WHICH ADVOCATE THE OVERTHROW OF THE GOVERNMENT. 34 COMP. GEN. 297, MODIFIED.

COMPTROLLER GENERAL CAMPBELL TO THE SECRETARY OF COMMERCE, MARCH 9, 1955:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 6, 1954, AND OUR DECISION OF DECEMBER 27, 1954, 34 COMP. GEN. 297, IN REPLY THERETO. IN ANSWER TO YOUR FIRST QUESTION, WE STATED IN THAT DECISION:

THE DEPARTMENT OF JUSTICE HAS CONFIRMED INFORMALLY MY UNDERSTANDING THAT THE ORGANIZATIONS INCLUDED ON THE REFERRED-TO LIST ARE SUBVERSIVE IN VARYING DEGREES AND SEEK THE OVERTHROW OR DESTRUCTION OF THE GOVERNMENT OF THE UNITED STATES. IN VIEW THEREOF IT REASONABLY MAY BE CONCLUDED THAT WHERE AN EMPLOYEE HAS BEEN SEPARATED BECAUSE OF MEMBERSHIP IN ONE OF THE ORGANIZATIONS ENUMERATED ON THAT LIST, HIS EMPLOYMENT PROPERLY MAY BE REGARDED AS HAVING BEEN IN CONTRAVENTION OF SECTION 9A OF THE HATCH ACT, AND APPROPRIATION ACT RESTRICTION SIMILAR TO THAT CONSIDERED IN THE DECISION OF APRIL 21, 1954.

HOWEVER, BY LETTER DATED FEBRUARY 25, 1955, WE WERE ADVISED BY THE ATTORNEY GENERAL THAT ALL OF THE ORGANIZATIONS ON THE LIST COMPILED BY THE DEPARTMENT OF JUSTICE IN ACCORDANCE WITH EXECUTIVE ORDER NO. 10450, APRIL 27, 1953, DO NOT SEEK THE OVERTHROW OR DESTRUCTION OF THE GOVERNMENT OF THE UNITED STATES. IN VIEW OF THAT OFFICIAL STATEMENT BY THE ATTORNEY GENERAL SUCH LIST SHOULD NOT BE USED AS A GUIDE IN DETERMINING VIOLATIONS OF SECTION 9A OF THE HATCH ACT, 53 STAT. 1148, AND THE APPROPRIATION/ACT RESTRICTION SIMILAR TO THAT CONSIDERED IN THE DECISION OF APRIL 21, 1954, 33 COMP. GEN. 501. THE DEPARTMENT OF JUSTICE HAS COMPILED NO SPECIFIC LIST OF ORGANIZATIONS ADVOCATING THE OVERTHROW OR DESTRUCTION OF THE GOVERNMENT OF THE UNITED STATES, AND, THEREFORE, THAT DEPARTMENT SHOULD BE CONSULTED ON AN INDIVIDUAL-CASE BASIS WHENEVER QUESTION ARISES AS TO THE SUBVERSIVE CHARACTER OF ANY PARTICULAR ORGANIZATION.