PUBLIC LAW 733--81st CONGRESS AN ACT To protect the national security of the United States by permitting the suspension of employment of civilian officers and employees of various departments and agencies of the Government, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding the provisions of section 6 of the Act of August 24, 1912 (37 Stat. 555), as amended (5 U. S. C. 652), or the provisions of any other law, the Secretary of State; Secretary of Commerce; Attomey General; the Secretary of Defense; the Secretary of the Army; the Secretary of the Navy; the Secretary of the Air Force; the Secretary of the Treasury; Atomic Energy Commission; the Chairman, National Security Resources Board; or the Director, National Advisory Committee for Aeronautics, may, in his absolute discretion and when deemed necessary in the interest of national security, suspend, without pay, any civilian officer or employee of the Department of State (including the Foreign Service of the United States), Department of Commerce, Department of Justice, Department of Defense, Department of the Army, Department of the Navy, Department of the Air Force, Coast Guard, Atomic Energy Commission, National Security Resources Board, or National Advisory Committee for Aeronautics, respectively, or of their several field services: Provided, that to the extent that such agency head determines that the interests of the national security permit, the employee concerned shall be notified of the reasons for his suspension and within thirty days after such notification any such person shall have an opportunity to submit any statements or affidavits to the official designated by the head of the agency concerned to show why he should be reinstated or restored to duty. The agency head concerned may, following such investigation and review as he deems necessary, terminate the employment of such suspended civilian officer or employee whenever he shall determine such termination necessary or advisable in the interest of the national security of the United States, and such determination by the agency head concerned shall be conclusive and final: Provided further, That any employee having a permanent or indefinite appointment, and having completed his probationary or trial period, who is a citizen of the United States whose employment is suspended under the authority of this Act, shall be given after his suspension and before his employment is terminated under the authority of this Act, (1) a written statement within thirty days after his suspension of the charges against him, which shall be subject to amendment within thirty days thereafter and which shall be stated as specifically as security considerations permit; (2) an opportunity within thirty days thereafter (plus an additional thirty days if the charges are amended) to answer such charges and to submit affidavits; (3) a hearing, at the employee's request, by a duly constituted agency authority for this purpose; (4) a review of his case by the agency head, or some official designated by him, before a decision adverse to the employee is made final; and (5) a written statement of the decision of the agency head: Provided further, That any person whose employment is so suspended or terminated under the authority of this Act may, in the discretion of the agency head concemed, be reinstated or restored to duty, and if so reinstated or restored shall be allowed compensation for all or any part of the period of such suspension or termination in an amount not to exceed the difference between the amount such person would normally have earned during the period of such suspension or termination, at the rate he was receiving on the date of suspension or termination, as appropriate, and the interim net earnings of such person: Provided further. That the termination of employment herein provided shall not affect the right of such officer or employee to seek or accept employment in any other department or agency of the Government: Provided further, That the head of any department or agency considering the appointment of any person whose employment has been terminated under the provisions of this Act may make such appointment only after consultation with the Civil Service Commission, which agency shall have the authority at the written request of either the head of such agency or such employee to determine whether any such person is eligible for employment by any other agency or department of the Government, SEC. 2. Nothing herein contained shall impair the powers vested in the Atomic Energy Commission by the Atomic Energy Act of 1946 or the requirements of section 12 of that Act that adequate provision be made for administrative review of any determination to dismiss any employee of saiu Commission. SEC. 3. The provisions of this Act shall apply to such other departments and agencies of the Govemment as the President may, from time to time, deem necessary in the best interests of national security. If any departments or agencies are included by the President, he shall so report to the Committees on the Armed Services of the Congress. SEC. 4. Section 3 of the Act of December 17, 1942 (56 Stat. 1053), and section 104 of the Act of July 20, 1949 (Public Law 179, Eighty-first Congress), and section 630 of the Act of October 29, 1949 (Public Law 434, Eightyfirst Congress), are hereby repealed. Approved August 26, 1950 SUGGESTED FORM OF INVITATION TO WITNESSES (Date) Re: (Employee's Name) My dear Sir: at You have given information with respect to the above-named employee and have not indicated that your identity was to be kept confidential or that you are unwilling to testify at the hearing at which the above-named employee will be examined. The hearing will be held at the above address, before this Board, on the day of o'clock. You are hereby invited to appear at the time and place above named and testify before this Board in the presence of the employee and his counsel, If you should be unwilling to testify in the presence of the employee or his counsel, you are hereby invited to testify before this Board in private. If you are willing to testify but cannot do so on the date fixed, please indicate below a day or days on which you will be able to testify. The Board will try to meet your convenience. Your appearance, in any event, must be to perform a public service, since our Board cannot pay witness fees or reimburse you for travel or other expenses. Will you, therefore, kindly indicate what course you are willing to take in this matter? Will you please reply by checking or writing in your answers to the points below and return this at an early date. Check here: Sincerely yours, Security Hearing Board 1. ☐ I will come to the hearing and testify in the presence of the employee and his counsel, if any. I will testify before the Board in private. 3. I will not testify. I cannot testify on the date fixed but am willing to come on or If I do not appear at the hearing, I am willing for the Board to read my statement and disclose my name to the employee at that time. If I do not appear at the hearing, I am willing for the Board to read my statement to the employee, but my name is not to be disclosed. I desire to make the following comments in answer to this letter: 95-901 O-63 (App. vol. 1)–23 (Signature of Witness) PUBLIC LAW 733--81st CONGRESS AN ACT To protect the national security of the United States by permitting the suspension of employment of civilian officers and employees of various departments and agencies of the Government, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding the provisions of section 6 of the Act of August 24, 1912 (37 Stat. 555), as amended (5 U. S. C. 652), or the provisions of any other law, the Secretary of State; Secretary of Commerce; Attorney General; the Secretary of Defense; the Secretary of the Army; the Secretary of the Navy; the Secretary of the Air Force; the Secretary of the Treasury; Atomic Energy Commission; the Chairman, National Security Resources Board; or the Director, National Advisory Committee for Aeronautics, may, in his absolute discretion and when deemed necessary in the interest of national security, suspend, without pay, any civilian officer or employee of the Department of State (including the Foreign Service of the United States), Department of Commerce, Department of Justice, Department of Defense, Department of the Army, Department of the Navy, Department of the Air Force, Coast Guard, Atomic Energy Commission, National Security Resources Board, or National Advisory Committee for Aeronautics, respectively, or of their several field services: Provided, that to the extent that such agency head determines that the interests of the national security permit, the employee concerned shall be notified of the reasons for his suspension and within thirty days after such notification any such person shall have an opportunity to submit any statements or affidavits to the official designated by the head of the agency concerned to show why he should be reinstated or restored to duty. The agency head concerned may, following such investigation and review as he deems necessary, terminate the employment of such suspended civilian officer or employee whenever he shall determine such termination necessary or advisable in the interest of the national security of the United States, and such determination by the agency head concerned shall be conclusive and final: Provided further, That any employee having a permanent or indefinite appointment, and having completed his probationary or trial period, who is a citizen of the United States whose employment is suspended under the authority of this Act, shall be given after his suspension and before his employment is terminated under the authority of this Act, (1) a written statement within thirty days after his suspension of the charges against him, which shall be subject to amendment within thirty days thereafter and which shall be stated as specifically as security considerations permit; (2) an opportunity within thirty days thereafter (plus an additional thirty days if the charges are amended) to answer such charges and to submit affidavits; (3) a hearing, at the employee's request, by a duly constituted agency authority for this purpose; (4) a review of his case by the agency head, or some official designated by him, before a decision adverse to the employee is made final; and (5) a written statement of the decision of the agency head: Provided further. That any person whose employment is so suspended or terminated under the authority of this Act may, in the discretion of the agency head concerned, be reinstated or restored to duty, and if so reinstated or restored shall be allowed compensation for all or any part of the period of such suspension or termination in an amount not to exceed the difference between the amount such person would normally have earned during the period of such suspension or termination, at the rate he was receiving on the date of suspension or termination, as appropriate, and the interim net earnings of such person: Provided further, That the termination of employment herein provided shall not affect the right of such officer or employee to seek or accept employment in any other department or agency of the Government: Provided further, That the head of any department or agency considering the appointment of any person whose employment has been terminated under the provisions of this Act may make such appointment only after consultation with the Civil Service Commission, which agency shall have the authority at the written request of either the head of such agency or such employee to determine whether any such person is eligible for employment by any other agency or department of the Government. SEC. 2. Nothing herein contained shall impair the powers vested in the Atomic Energy Commission by the Atomic Energy Act of 1946 or the requirements of section 12 of that Act that adequate provision be made for administrative review of any determination to dismiss any employee of saiu Commission. SEC. 3. The provisions of this Act shall apply to such other departments and agencies of the Government as the President may, from time to time, deem necessary in the best interests of national security. If any departments or agencies are included by the President, he shall so report to the Committees on the Armed Services of the Congress. SEC. 4. Section 3 of the Act of December 17, 1942 (56 Stat. 1053), and section 104 of the Act of July 20, 1949 (Public Law 179, Eighty-first Congress), and section 630 of the Act of October 29, 1949 (Public Law 434, Eightyfirst Congress), are hereby repealed. Approved August 26, 1950 SUGGESTED FORM OF INVITATION TO WITNESSES (Date) Re: (Employee's Name) My dear Sir: day of at You have given information with respect to the above-named employee and have not indicated that your identity was to be kept confidential or that you are unwilling to testify at the hearing at which the above-named employee will be examined. The hearing will be held at the above address, before this Board, on the o'clock. You are hereby invited to appear at the time and place above named and testify before this Board in the presence of the employee and his counsel, If you should be unwilling to testify in the presence of the employee or his counsel, you are hereby invited to testify before this Board in private. If you are willing to testify but cannot do so on the date fixed, please indicate below a day or days on which you will be able to testify. The Board will try to meet your convenience. Your appearance, in any event, must be to perform a public service, since our Board cannot pay witness fees or reimburse you for travel or other expenses. Will you, therefore, kindly indicate what course you are willing to take in this matter? Will you please reply by checking or writing in your answers to the points below and return this at an early date. Check here: Sincerely yours, Security Hearing Board 1. I will come to the hearing and testify in the presence of the employee and his counsel, if any. I will testify before the Board in private. I will not testify. I cannot testify on the date fixed but am willing to come on or If I do not appear at the hearing, I am willing for the Board to read my statement and disclose my name to the employee at that time. If I do not appear at the hearing, I am willing for the Board to read my statement to the employee, but my name is not to be disclosed. I desire to make the following comments in answer to this letter: 95-901 O-63 (App. vol. 1)–23 (Signature of Witness) SAMPLE ORDER CONVENING A SECURITY HEARING BOARD CONFIDENTIAL SECURITY INFORMATION (WHEN FILLED IN) DEPARTMENT OF THE NAVY (EMPLOYING NAVAL ACTIVITY) 1. It is hereby ordered that a Security Hearing Board for the (employing Naval activity) be convened at (employing Naval activity, city and state) for the purpose of conducting a hearing, as prescribed by the act of 26 August 1950 (64 Stat. 476, 5 USC 22-1 et seq.), Executive Order 10450, and Navy Civilian Personnel Instructions 732, in the case of (name of employee who is the subject of the hearing). 2. Mr. Mr. of the (department or agency and activity thereof) is hereby designated Chairman of said Board. of the (department or agency and activity thereof) and Major are hereby designated members of said board. 3. of the (department and activity thereof) The Board will convene at 9:30 A. M. on 22 June 1953 in Room Building this hearing. of the (employing Naval activity) for the purpose of conducting Findings and recommendations will be submitted to me as soon thereafter as possible to be transmitted to the Secretary of the Navy, in accordance with security instructions of the Department of the Navy. 4. All officers and employees of this activity are hereby directed to make available to this Board such aid and assistance as it may require for the expeditious conduct of this assignment. Mr. Executive Secretary of the Security Hearing Board for the (employing activity), is designated to provide necessary liaison. 5. The Security Hearing Board convened hereunder is dismissed when its adjudication of the assigned case has been completed. BY DIRECTION OF THE SECRETARY OF THE NAVY: (Signature and title of the head of the CONFIDENTIAL SECURITY INFORMATION (WHEN FILLED IN) |