(EDITOR'S NOTE: Below is the table of contents for vol. II of this Appendix, Department of Defense Directive 5100.23_ Excerpt from Security Manual-Personnel Security.. House bill, H.R. 12082-87-2, to amend the Internal Security Act of 1950 with regard to personnel security procedures in the National Letter (undated) from Cyrus R. Vance to Representative Francis H. Chapter S-4, Civilian Personnel Manual re suspension, removals, and other actions under the security program. Memo regarding termination cases- Appendix XVI. Department of Agriculture: Administrative regulations-Personnel security program. 645 648 663 665 674 675 Security program-Order No. 82, under Executive Order 10450.... Personnel Circular No. 118-Security Requirements for Government Responsibilities of the Division of Investigation and Security. 899 900 Organizational chart-Secretary of Labor, Under Secretary of Labor.. Appendix XXII. Department of Commerce: Organization and Function Supplement No. 5 to Department Order No. 134 (revised)-Office of Investigations and Security.. Administrative Order 207-4 (revised)-Security and suitability inves- Administrative Order 207-5-Personnel security regulations. Appendix XXIII. National Aeronautics and Space Administration: Personnel and industrial security program. Organizational chart-Administrator. Management Manual-Functions and Authority-Security Division Management Manual-Security Investigations and Clearances - 946 954 955 956 969 973 974 997 Correspondence with Department of Defense on handling industrial 1001 Management Manual-Industrial Security Policies and Procedures. - Department of Defense Directive 5220.6-Industrial personnel access Processing of emergency appointments or reassignments to sensitive 1054 Employment of noncitizen (alien) scientists.. Designation of classes of positions in critical shortage categories_ Expediting security clearances for headquarters sensitive positions.. Personnel security statistics.. Appendix XXIV. Executive Office of the President-National Security Letter, dated July 6, 1962, Senator Eastland to Bromley Smith Appendix XXV. National Science Foundation: Administrative Instruction No. 26 (revised October 20, 1954) Same (revised October 6, 1955), amendment No. 1.. 1067 1067 1069 1072 1073 Organizational Chart-National Science Board.. 1075 1076 Appendix XXVI. U.S. Information Agency: Manual of operations and administration-Personnel security regu- Manual of operations and administration-Security regulations- Chart-Organization and mission-Office of Security. Appendix XXVII. Interdepartmental Committee on Internal Security: Memo, dated August 17, 1962, from the Attorney General to heads of departments transferring supervision of the Interdepartmental Intelligence Conference (IIC), and the Interdepartmental Com- mittee on Internal Security (ICIS), from the National Security Members present at ICIS meeting of March 14, 1963. 1100 List of ICIS subcommittee and membership as of March 13, 1963. 1101 1103 Charter of the Interdepartmental Committee on Internal Security, 1105 Appendix XXVIII. Civil Service Commission: Letter, dated March 5, 1963, Kimbell Johnson, Director, Bureau Personnel Investigations, to Mr Scott, enclosing copies of a letter from the Attorney General to President Eisenhower, reviewing the Federal employee security program in 1955, and the President's Public Law 298 (82d Cong., 2d sess.), providing for certain investiga- tions by the Civil Service Commission in lieu of the Federal Bureau Executive Order 10450-Security requirements for Government 1117 error in CFR reprint.. Public Law 298 (82d Cong., 2d sess.), providing for certain investi- gations by the Civil Service Commission in lieu of the Federal Directive of March 13, 1948-Confidential status of employee loy- 1148 Cost accounting for full field investigations and descriptive listing 1149 Attachment A-Excerpt from Public Law 375.. Attachment B-Letter from the Comptroller General to Robert Attachment E-Bureau of Management Services. Budget and 1152 1153 1155 1156 Attachment F-Excerpts from CSC Work Reporting and Cost 1171 Syllabus. COLE v. YOUNG ET AL. 351 U.S. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. No. 442. Argued March 6, 1956.-Decided June 11, 1956. The Act of August 26, 1950, gave to the heads of certain departments and agencies of the Government summary suspension and unreviewable dismissal powers over their civilian employees, when deemed necessary "in the interest of the national security," and its provisions were extended to "all other departments and agencies of the Government" by Executive Order No. 10450. Petitioner, a preference-eligible veteran under the Veterans' Preference Act, was summarily suspended from his classified civil service position as a food and drug inspector for the Department of Health, Education and Welfare on charges of close association with alleged Communists and an allegedly subversive organization. Later, he was dismissed on the ground that his continued employment was not "clearly consistent with the interests of national security." His appeal to the Civil Service Commission under the Veterans' Preference Act was denied on the ground that that Act was inapplicable to such discharges. Held: His discharge was not authorized by the 1950 Act and hence it violated the Veterans' Preference Act. Pp. 538-558. 1. The 1950 Act authorizes a dismissal only upon a determination that it is "necessary or advisable in the interest of the national security." Such a determination requires an evaluation of the risk to the "national security" that the employee's retention would create, which depends not only upon the character of the employee and the likelihood of his misconducting himself but also upon the nature of the position he occupies and its relationship to the "national security." P. 542. 2. The 1950 Act is not the only, nor even the primary, source of authority to dismiss government employees, and the question in this case is not whether an employee can be dismissed on such grounds but only the extent to which the summary procedures authorized by the 1950 Act are available in such a case. Pp. 543– 544. 3. This depends on the meaning of the term "national security," as used in the 1950 Act. Pp. 542-544. 1 |