1952.7 Hearings before the Security Hearing Board shall be opened by the reading of the letter setting forth the charges against the employee and the statements and affidavits by the employee in answer to such charges.

a. Both the Department of State and the employee may introduce such evidence as the Security Hearing Board may deem proper in the particular case. Rules of evidence shall not be binding on the board, but reasonable restrictions shall be imposed as to the relevancy, competency, and materiality of matters considered, so that the hearings shall not be unduly prolonged. If the employee is, or may be, handicapped by the non-disclosure to him of confidential information or by lack of opportunity to cross-examine confidential informants, the hearing board shall take that fact into consideration. La person who has made charges against the employee and who is not a confidential informant is invited as a witness but does not appear, his failure to appear shall be considered by the board in evaluating such charges, as well as the fact that there can be no payment for travel of

witnesses.

b. The employee or his counsel shall have the right to control the sequence of witnesses called by him. Reasonable cross-examination of witnesses by the employee or his counsel shall be permitted.

c. The Security Hearing Board shall give due consideration to documentary evidence developed by investigation, including party membership cards, petitions bearing the employee's signature, books, treatises, or articles written by the employee, and testimony by the employee before duly constituted authorities. The fact that such evidence has been considered shall be made a part of the transcript of the hearing.

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d. The Security Hearing Board may, in its discretion, invite any person to appear at the hearing and testify. However, the board shall not be bound by the testimony of such witness by reason of having called him, and shall have full right to cross-examine him.

e. Hearings shall be private. There shall be present at the hearing only the members of the hearing board, a stenographer or stenographers, the employee, his counsel, departmental employees concerned, and the witnesses. Witnesses shall be present at the hearing only when actually giving testimony.

1953.2 The decision of the Security Hearing Board shall be in writing and shall be signed by all members of the board. The decision of the board, together with the complete record of the case, including investigative reports, shall be forwarded to the Secretary of State. The employee shall be informed in writing of the decision of the Security Hearing Board.

1954 Decision by Secretary of State 1954.1 Upon receipt of the Security Hearing Board's advisory decision, the Secretary of State (or his designee) shall review the entire case, and the Secretary shall make his determination as to the disposition of the case. If he makes either of the findings referred to in section 1942. 2a or b, he shall take appropriate action as therein indicated; otherwise, he shall terminate the employment of the suspended employee.

1954. 2 The employee shall be furnished a written statement of the decision of the Secretary of State.

1960 NOTICE OF PERSONNEL ACTION

Copies of all notices of personnel action taken in security cases shall be immediately supplied by the Administrator, Bureau of Security and Consular Affairs, to the United States Civil Service Commission.

1970 COMPENSATION FOR PERIOD OF SUSPENSION

Any employee whose employment is suspended under the authority of the act of August 26, 1950 (64 Stat. 476), and who is reinstated or restored to duty shall be allowed compensation for the period of such suspension in accordance with the provisions of the said act of August 26, 1950.

1980

REEMPLOYMENT OF PERSONS WHOSE EMPLOYMENT HAS BEEN TERMINATED No person whose employment has been terminated by any department or agency other than the Department of State under or pursuant to the provisions of the act of August 26, 1950, or pursuant to Executive Order 9835 of March 21, 1947 as amended, or any other security or loyalty program, shall be employed in the Department of State unless the Secretary of State finds that such employment is clearly consistent with the interests of the national security and unless the Civil Service Commission determines that such person is eligible for such employment. The finding of the Secretary of State and the determination of the Civil Service Commission shall be made a part of the personnel record of the person concerned.

1990 REVIEW AND READJUDICATION OF CERTAIN CASES

The Administrator, Bureau of Security and Consular Affairs, shall review, or cause to be reviewed, all cases of employees of the Department of State with respect to whom there has been conducted a full field investigation under Executive Order 9835 of March 21, 1947, as amended. After such further investigation as may be appropriate, such of those cases as have not been adjudicated under a security standard commensurate with that established by Executive Order 10450 of April 27, 1953, as amended, and these regulations shall be readjudicated in accordance with the act of August 26, 1950 (64 Stat. 476), and these regulations.

160 SECURITY OF EMPLOYEES

The terms used herein are defined as follows:

a. "Department" and "Department of State" shall be understood to include the Foreign Service of the United States.

b. "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. "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.

161.2 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 U. S. 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.

161.3 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 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, 10548 and 10550 dated April 27, 1953, October 13, 1953, May 27, 1954, August 2, 1954 and August 5, 1954, 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 123 and 912.4, and 1 FSM II 900.)

161.4 Investigative Requirements 161.4-1 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 lesser investigation may suffice for per diem, intermittent, temporary, or seasonal employees, or aliens employed outside the United States.

161.4-2 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 3 months 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 investigative and personnel records of the person concerned.

161.4-3 The Office of Security shall conduct such investigations as may be required by the investigative responsibilities of the Secretary of State pursuant to law, Executive order, agreement with the U. S. Civil Service Commission, or as otherwise determined by him. 161.4-4 If, in the course of an investigation of an employee, or otherwise, information is received by the Office of Security of the nature described in 3 FAM 162. 2b through 162. 2g of

(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 medical 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 each 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.