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All reports of investigation or other inquiry, all charges and interrogatories, all transcripts of interviews, all transcripts of hearings and exhibits, all rationales analyzing the evidence or setting forth conclusions, findings, recommendations, determinations, decisions, or other actions in cases, all affidavits, supporting documents, correspondence or memoranda in connec tion with the investigation, determination, decision and closing of any case or cases, and the Official Personnel Folder of the employee concerned. * d. Incumbent employee.
An employee who has completed twelve months of current continuous Federal employment in the competitive or excepted service.
⚫. National security.
As used herein, the term "national security" relates to the protection and preservation of the military,
economic, and productive strength of the United States, including the security of the govemment in domestic and foreign affairs, against or from espionage, sabotage, and subversion, and any and all other illegal acts designed to weaken or destroy the United States.
f. Navy Department Security Review Board. A board appointed by the Secretary of the Navy to review security cases of employees suspended under Public LL 733 and Executive Order 10450, and to make such advisory recommendations to the Secretary of the Navy with respect thereto as the Board shall duly approve.
g. Security hearing board.
A board convened in a naval activity to hear the security case of an employee of that activity, the members of such board being persons assigned to or employed by activities of the Federal Government other than those of the Department of the Navy. h. Security screening board.
A board appointed by the head of an activity from the military and civilian complement of the activity to screen security cases received and recommend to him appropriate action in the matter.
i. Sensitive position.
A "sensitive position" is any position, the occupant of which could bring about, by virtue of the nature of the position, a material adverse effect on the national security. Such positions will include, but will not be limited to, all positions the duties of which require or permit direct or indirect access to classified defense information or material, (See also NCPI 732,2-9c(17) and NCPI 732.7-2j and k). ★
a. No civilian will be employed for, assigned to, or retained in any position in the Naval Es tablishment if such employment, assignment or retention is not clearly consistent with the interests of the national security.
b. Established national policies, founded upon statutes of the United States and Executive Orders of the President, require exclusion and removal from Federal employment of individuals who are unfit for employment for security reasons. Public Law 733 authorizes the Secretary of the Navy to suspend summarily without pay any civilian officer or employee when he deems such suspension necessary in the interest of national security, and to terminate the employment of such officer or employee if he determines such termination is necessary or advisable in the interest of national security. Section 1 of Public Law 330, 84th Congress (69 Stat. 624) makes it unlawful for any person to accept or hold office or employment in any agency of the United States Government, including wholly-owned Government
corporations, who advocates the overthrow of the constitutional form of government in the United States or is a member of an organization that advocates the overthrow of the constitutional form of government in the United States, knowing that such organization so advocates, Section 2 of the statute (69 Stat, 624-5) provides that every person who accepts office or employment in the Government of the United States shall, not later than sixty days after he accepts such office or employment, execute an affidavit that his acceptance and holding of such office or employment does not or (if the affidavit is executed prior to acceptance of such office or employment) will not constitute a violation of the first section of the statute, (An exception to the requirement is provided in cases of persons employed for less than sixty days for sudden emergency work involving the loss of human life or the destruction of property.) Section 3 of Public Law 330 (69 Stat, 625) provides that anyone who violates the provision of Section 1 of the statute is guilty of a felony and is liable to a fine of not more than $1,000 or imprisonment for not more than one year and a day, or both. Executive Order 10450, as amended, states that the interests of the national security require that all persons privileged to be employed in the Navy shall be reliable, trustworthy, of good conduct and character, and of complete and unswerving loyalty to the United States. That Order requires an effective program to insure that the employment or retention in employment of any civilian officer or employee is clearly consistent with the interests of the national security. It also provides that any person whose employment is suspended or terminated under the authority granted to heads of departments and agencies by or in accordance with the Act of 26 August
1950, or pursuant to Executive Order 9835 or any other security or loyalty program relating to officers or employees of the Government, shall not be reinstated or restored to duty or reemployed in the same department or agency and shall not be reemployed in any other department or agency, unless the head of the department or agency concerned finds that such reinstatement, restoration, or reemployment is clearly consistent with the interest of the national security, which findings shall be made a part of the records of such department or agency; and that no person whose employment has been terminated under such authority thereafter may be employed by any other department or agency except after a determination by the Civil Service Commission that such person is eligible for such employment. c. While the Navy will assume, unless information to the contrary is received, that all its employees are loyal and that none will act against the security interests of the United States, the vital role of the Navy in national defense necessitates vigorous application of policies de
signed to insure that no civilian is employed
d. Security determinations will be made pursuant
⚫. The suspension and removal procedures provided for in this instruction are based on the authority granted by Public Law 733 and their use will be limited to cases in which the interests of national security are involved. The authority to suspend employees under this act is delegated to heads of activities subject to the restrictions in NCPI 732.2-94); the authority to separate or restore employees under this act is reserved to the Secretary of the Navy. These procedures will be used to supplement, not to substitute for, normal civil service removal procedures. Maximum use will be made of normal civil service removal procedures where national security is not a consideration and such procedures are adequate and appropriate.
2-5. ESTABLISHING SECURITY SCREENING BOARD OF THE ACTIVITY.
a. Established by chiefs of bureaus and offices, the Commandant of the Marine Corps, and heads of field activities.
Each official named will establish an activity security screening board, each of which will be composed of not less than three impartial persons (preferably one military officer and two civilians) employed by or assigned to the appointing activity, whose duties are to screen security cases involving incumbents, appointees, and applicants, and to recommend to the head of the activity appropriate action in each such security case. The head of the activity should name the chairman of the board. An employee shall not be designated as a member of the security screening board if he is serv ing as executive secretary of the activity's security hearing board, unless there is no other qualified employee on board at the activity. Assignment of employees to dual roles on both the screening and hearing boards has an adverse effect on public relations, no matter how outstanding the individual may be, since it is difficult for the public to see how a hearing may be completely impartial when the executive secretary of the hearing board has previously been exposed to the case while -performing his duties as a screening board member. b. Title.
This board will be known as the (activity) security screening board, and any reference to "the board" in this section means such (activity) security screening board.
c. Required qualifications for membership. Persons, both civilian and military, appointed to the board must meet the following requirements:
(1) Possess the highest degree of integrity, ability, and good judgment,
(2) Have been the subject of a background investigation (Article 1502, 3 and Article 1510.2, Chapter 15, Department of the Navy SECURITY MANUAL FOR CLASSIFIED INFORMATION, OPNAV INSTRUCTION 5510.1B) or its equivalent, completed with satisfactory results,
d. Board must be disinterested.
It is possible that security cases may be presented to
The personal relationship may be avoided by the head of the activity designating alternates to serve on the security screening board or by creating a special board to screen a case when such action is warranted.
⚫. Same membership on board throughout case. Except in exceptional circumstances the three members who screen a security case must be present during all the proceedings and continue to serve on the case until they render the board's recommendation.
f. Modification of military-civilian ratio. In small activities, the membership of security screening boards may be modified to consist of two military members and one civilian member.
g. One board for geographical area. Where several small activities occupy the same geographical area, such activities may, by mutual agreement, establish one security screening board to serve all activities concerned.
h. Board optional in very small activities. In very small activites where the volume of work on the security program is such that the head of the activity may personally screen cases, and he elects to do so, he is not required to establish a security screening board.
2-6. ESTABLISHING OFFICE OF THE EXECUTIVE SECRETARY OF THE SECURITY HEARING BOARD OF THE ACTIVITY.
Operation of a security hearing board convened to hear the case of a Navy employee will be under the administrative jurisdiction and control of the head of the naval activity employing the subject of the hearing, regardless of the composition of the board or the command jurisdiction of the board members (NCPI 732.29f(4)). In order to provide for this central control, the head of each naval activity should select a civilian employee of his activity to serve as the permanent executive secretary for the security hearing board for the activity (the board membership will vary from case to case (see NCPI 732,2-7) but the executive secretary will be permanently assigned). The person named must have been the subject of a full field investigation or background investigation (as defined in Chapter 15, the Navy Security Manual for Classified Information) completed with satisfactory results, and his selection must have been determined to be clearly consistent with the interest of the national security. If practicable, the person selected should be someone who has had experience in the employee security program,
b. Review by Secretary of the Navy of the qualifi. cations of persons designated as executive secretary.
In order to assure the high caliber of executive secretary of the security hearing board, the Secretary of the Navy shall periodically review the qualifications of persons
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selected for the position. All naval activities, departmental and field, selecting persons for position of executive secretary shall furnish to the Department (OIR Code 110). for review by the Secretary of the Navy, a report conceming the person appointed. The information furnished shall include: the person's ★full ★ name, date of birth, his grade or rating, rank (if military), official title, a brief description of his regular duties, office, telephone number, and a statement as to whether he meets the character and investigative requirements of NCPI 732.3-6a. Commands shall inform the Department (OIR Code 110) of changes in this assignment by referencing the original report submitted and indicating the changes.
2-7. ESTABLISHING THE SECURITY HEARING BOARD OF THE ACTIVITY.
a. Navy departmental and field activities located in the District of Columbia, Montgomery and Prince Georges counties, Maryland, the City of Alexandria, and Arlington and Fairfax counties, Virginia. The Department of Defense establishes and maintains its own security hearing roster for the Washington, D. C., area. This roster is composed of the names of persons nominated for this purpose by the three military departments and the Office of the Secretary of Defense. The official roster is kept by the Director of Personnel, Office of the Secretary of Defense, and security hearing boards will be selected from this roster and established as set forth below. The executive secretary (see NCPI 732.2-9e) of the activity security hearing board will request the Chief of Industrial Relations to es tablish a board to adjudicate any security case in the defined metropolitan area of Washington, D. C. in which the employee has been issued charges and thereafter requests a hearing. The executive secretary may make his request by telephone call to Code 11, Extension 53205, but must confirm the request in writing addressed to the Chief of Industrial Relations (Code 110). The executive secretary in his request will specify the location in the Washington, D. C. area at which the board will sit and the number of persons needed to constitute the board. In the absence of some special circumstance justifying five members, the board will be composed of three members, generally, one officer and two civilians,
b. All naval activities in the continental United States (except the metropolitan area of Washington, D. C.) and in Alaska, Hawaii, Panama Canal Zone, Puerto Rico, and the Virgin Islands (except those activities in these five specified overseas areas and the continental United States which are geographically isolated from activities of other Federal departments and agencies).
The U. S. Civil Service Commission maintains in its regional offices security hearing rosters for activities of the Federal Government located in areas under
jurisdiction of the regional offices. These rosters are composed of the names of persons designated for this purpose by the field activities of the Federal Government. The Civil Service Commission requested that each field activity or installation having 500 or more full-time employees designate persons possessing the highest degree of integrity, ability, and good judgment, to be available for service as members of security hearing boards of other departments and agencies. It is desirable that military officers designated to the roster be of the rank of Major (USMC) or Lieutenant Commander (USN) or above, and that civilians designated be of grade GS-12 or higher grade. ★When there is no individual at an activity whose grade level is GS-12 or higher, individuals in the grade level closest to the GS-12 level may be used in lieu thereof, provided they meet the other qualifications. ★ Activities of this class in the Navy are responsible for submitting names of qualified persons (exclude security officers and investigators) to the regional office of the Civil Service Commission having jurisdiction in the area of the activity submitting the names. The list of designees is submitted in duplicate to the regional office. The list must contain the information: the full name of each person designated; his date of birth; place of employment (activity, street, city, and state); the telephone number of the office through which arrangements can be made for his services on the security hearing board; and a statement by the submitting officer that each person named on the list has been the subject of a full field investigation completed with satisfactory results and that his designation has been determined to be clearly consistent with the interest of the national security. Letters designating hearing board personnel must state that the designees will serve only on boards of activities of the other military departments. The board hearing the case of a Navy employee must be composed of persons other than those connected with the Navy. It is desirable that persons selected from the roster by activities be assigned to or employed by activities of the other military departments; if this cannot be done, persons selected may be employees of other Federal agencies. It is generally desired that boards be comprised of one military officer and two civilians. Heads of activities employing 500 or more civilians are urged to enter into voluntary arrangements with heads of nearby Army and Air Force installations of like size to supply on a reciprocal basis a complete security hearing board of at least three members when a hearing is necessary. Where installations of all three military departments are located in approximately the same area a mutual agreement among all the installations should be possible. The arrangement must be coordinated with the director of the regional office of the Civil Service Commission, since that office will have the roster of persons available for such service, and selection must
be made from that roster by the executive secretary, subject to the approval of the head of the activity. Activities of the class specified, under such an arrangement, must assure that sufficient personnel have been designated by them to the Civil Service region roster to form a complete security hearing board.
c. Services of board limited to one case except where otherwise approved by Chief of Industrial Relations.
(1) The board selected in accordance with NCPI 732, 2-7a and b will serve for one case only. except as provided in (2) below. This is required to avoid working undue hardship on the board member or his employer through too frequent or too lengthy absences from assigned duties. The rosters will contain sufficient names to permit rotation of board duty. (2) In some instances a naval activity may have a series of security cases scheduled for hearing at approximately the same time. Because of the special circumstances involved it might be more advantageous and more economical to assign the several cases in sequence to the board then sitting at the naval activity, than to convene a series of boards. When this is the case, the head of the Naval activity should request authority from the Chief of Industrial Relations (Code 110)
to continue the board in session until the several cases are heard. The request should contain the name, rank or grade, position and parent organization of each board member, so that OIR may secure approval of the appropriate departmental headquarters to continue the detail of its personnel to the naval activity. The request should state also the number of cases to be heard so that the approximate time of service involved may be estimated. Conversely, naval activities detailing personnel to other agencies of the Federal Government should accord the same procedure in similar circumstances. Such other agencies must obtain approval of the Chief of Industrial Relations (Code 110) to hold naval personnel for the period necessary to hear their series of cases. The agency desiring to hold the board member should address its request to the Chief of Industrial Relations (Code 110) via the head of the naval activity employing the board member. The agency should fully identify the board member, and state the number of cases for which he is to sit. The head of the naval activity, in forwarding the request to OIR should state his approval of or objections to such extended service.
d. All naval activities in overseas areas other than in Alaska, Hawaii, Panama Canal Zone, Puerto Rico, and the Virgin Islands.
Heads of such activities will convene security hearing boards, when required, composed of persons assigned to or employed by the activity employing the subject of the hearing. The persons selected must possess the highest degree of integrity, ability, and good judgment. The head of the activity, in the order conven