a.

As used herein, the term "Department of State" shall be understood to include the Foreign Service of the United States.

b. 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 Government 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.

c. As used herein, the term "sensitive position" shall mean any position in the Department of State the occupant of which could bring about, because of the nature of the position, a material adverse effect on the national security. Such positions shall include, but shall not be limited to, any position the occupant of which (1) may have access to security information or material classified as "confidential", "secret", or "top secret", or any other information or material having a direct bearing on the national security, and (2) may have opportunity to commit acts directly or indirectly adversely affecting the national security. In view of the highly sensitive nature of the operations and activities of the Department, all positions shall be considered "sensitive" within the meaning of the above definition; except such positions as may be specifically designated otherwise by the administrator, Bureau of Security and Consular Affairs.

1912 Policy

The Department of State, because of its responsibility for the conduct of foreign affairs, is a vital target for persons engaged in espionage or subversion of the United States Government. Owing to this fact and because of the great number of highly classified communications which pass through the Department, the security of which is essential to the maintenance of peaceful and friendly international relations, it is highly important to the interests of the United States that no person be employed in the Department who constitutes a security risk. It shall be the policy of the Department to employ and retain in employment only those

persons whose employment or retention in employment is found to be clearly consistent with the interests of the national security. Further, it shall be the policy of the Department to require the maximum obtainable security of its・・ operations and personnel consistent with the efficient discharge of its responsibilities.

1913 Security Authority

The act of August 26, 1950 (64 Stat. 476, 5 U.S. C. 22-1, et seq.), confers upon the Secretary of State the right in his absolute discretion to suspend the employment of any officer or employee of the Department of State and, following such investigation and review as he t deems necessary, to terminate the employment of the officer or employee whenever he shall determine such termination necessary or advisable in the interest of the national security of the United States. The President has issued Executive orders 10450, 10491, 10531, 105481 and 10550 dated April 27, 1953, October 13, 1953, May 27, 1954, August 2, 1954, and August 5, 1954, respectively, relating to security requirements for Government employment.

The statement of procedures set forth herein is promulgated under the authorities referred to above. (See 3 FAM 1511.2.)

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1914 Investigative Requirements 1914.1 Every appointment made within the Department of State shall be made subject to a full field investigation: Except, that to the extent authorized by the Civil Service Commission, a less investigation may suffice with respect to per diem, intermittent, temporary, or seasonal employees, or aliens employed outside the United States.

1914.2 No sensitive position in the Department of State shall be filled or occupied by any person with respect to whom a full field investigation has not been conducted: Provided, that an employee occupying a sensitive position on the effective date of these regulations may continue to occupy such position pending the completion of a full field investigation, subject to the other provisions of these regulations; and provided further, that in case of emergency a sensitive position may be filled for a period not to exceed 90 days by a person with respect to whom a full field preappointment investigation has not been completed if the Secretary of State finds that such action is necessary in the national interest. Such finding shall be filed in both the investigation and personnel records of the person concerned.

Information regarding an applicant or employee of the Department of State which may preclude a finding that his employment or continued employment is clearly consistent with the interests of the national security shall relate, but shall not be limited to the following:

a. Depending on the relation of the Government employment to the national security:

(1) Any behavior, activities, or associations which tend to show that the individual is not reliable or trustworthy.

(2) Any deliberate misrepresentations, falsifications, or omissions of material facts.

(3) Any criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, habitual use of intoxicants to excess, drug addiction, or sexual perversion.

(4) Any illness, including any mental condition, of a nature which in the opinion of competent medical authority may cause significant defect in the judgment or reliability of the employee, with due regard to the transient or continuing effect of the illness and the medical findings in such case.

(5) Any facts which furnish reason to believe that the individual may be subjected to coercion, influence, or pressure which may cause him to act contrary to the best interests of the national security.

b. Commission of any act of sabotage, espionage, treason, or sedition, or attempts thereat or preparation therefor, or conspiring with, or aiding or abetting, another to commit or attempt to commit any act of sabotage, espionage, treason, or sedition.

c.

Establishing or continuing a sympathetic association with a saboteur, spy, traitor, seditionist, anarchist, or revolutionist, or with an espionage or other secret agent or representative of a foreign nation, or any representative of a foreign nation whose interests may be inimical to the interests of the United States, or with any person who advocates the use of force or violence to overthrow the Government of the United States or the alteration of the form of government of the United States by unconstitutional means.

d. Advocacy of use of force or violence to overthrow the Government of the United States, or the alteration of the form of government of the United States by unconstitutional

means.

e. Membership in, or affiliation or sympathetic association with, any foreign or domestic organization, association, movement, group, or combination of persons which is totalitarian, Fascist, Communist, or subversive, or which has adopted, or shows, a policy of advocating or approving the commission of acts of force or violence to deny other persons their rights under the Constitution of the United States, or which seeks to alter the form of government of the United States by unconstitutional means.

f. Intentional, unauthorized disclosure to any person of security information, or of other information disclosure of which is prohibited by law, or willful violation or disregard of security regulations.

1932 The initial review and evaluation of (1) all investigative reports received from the United States Civil Service Commission or the Federal Bureau of Investigation, (2) all investigative reports prepared by its own investigative staff as referred to in 3 FAM 1914. 3 of these regulations, and (3) any FBI reports of investigation conducted or processed under Executive Order 9835, as amended, designated for review or readjudication by the Administrator, Bureau of Security and Consular Affairs, under the provisions of section 4 of Executive Order 10450, as amended, shall be made by the Office of Security of the Department of State. In performing this function, the Office of Security

If the reports of investigation, as referred to in 3 FAM 1932, contain derogatory information relating to any of the matters referred to in 3 FAM 1922 indicating that the continued employment of the person concerned is “A not clearly consistent with the interests of the national security, the reports, together with the entire file in the case, shall be forwarded to the administrator, Bureau of Security and Consular Affairs.

1934 Upon receipt of the investigative record, the Administrator, Bureau of Security and Consular Affairs, shall make an immediate evaluation as to the necessity for suspension of the employee in the interests of the national security. If the Administrator deems suspension necessary, he shall so recommend to the Secrotary (or his designee) who shall make a positive determination as to the necessity for such suspension in the interests of the national security. If suspension is not deemed necessary,. a written statement to that effect by the officer making such determination shall be made a part of the investigative file of the person concerned.

1935 Nothing in these regulations shall be construed to preclude the suspension of an employee at any stage of investigation if information is received or developed which indicates that the continued employment of such employee is not clearly consistent with the interests of the national security and which reflects that immediate action is necessary to protect such interests. However, an employee should not be suspended under the authority set out in 3 FAM 1931 pending further investigation when the available information indicates that retention in a duty status during such investigation would not be likely to have a material adverse effect on the security of the Department of State or on classified information or material, nor on mere suspicion, nor for disciplinary reasons or any other reasons which can be appropriately handled under some other authority. When considered necessary in order to provide the maximum protection to the security of the Department of State or of classified information or material pending the determination required by 3 FAM 1934, interim action other than suspension should be used to the fullest practicable

extent.

1942 Sufficiency of Answer 1942.1 Statements, affidavits, and supporting documents submitted in answer to the notice or charges referred to in section 1941.1 and 1941. 2 shall be considered by the Security Counsel for sufficiency, and, after consultation with the Administrator, Bureau of Security and Consular Affairs, a joint recommendation for the disposition of the case shall be made to the Secretary of State (or his designee). If the Security Counsel and the Administrator, Bureau of Security and Consular Affairs, are in disagreement, individual recommendations shall be made by them.

1942. 2 Upon receipt of the recommendation or recommendations of the Security Counsel and the Administrator, Bureau of Security and Consular Affairs, the Secretary of State (or his designee) shall review the entire case and the Secretary shall make his determination of the case as follows:

a. If he finds that reinstatement of the suspended employee in the position from which he has been suspended is clearly consistent with the interests of the national security, he shall restore the suspended employee to duty in such position.

b. If he does not find that reinstatement in the position from which he has been suspended will be clearly consistent with the interests of the national security, but that employment of the suspended employee in another position in the Department of State is clearly consistent with the interests of the national security, he may restore the employee to duty in such other position.

c. If he does not find that reinstatement of the suspended employee to any position in the Department of State is clearly consistent with the interests of the national security, he shall, except in the case of a suspended employee who is entitled to and requests a hearing pursuant to section 1952, terminate the employment of the suspended employee.