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.

8. Performing or attempting to perform his duties, or otherwise acting, so as to serve the interests of another government in preference to the interests of the United States.

h. Refusal by the individual, upon the ground of constitutional privilege against self-incrimination, to testify before a congressional committee regarding charges of his alleged disloyalty or other misconduct.

163 Initial Consideration and Action by the Department

163.1 The act of August 26, 1950 (64 Stat. 476), confers upon the Secretary of State the authority, in his absolute discretion, to suspend, without pay, any civilian officer or employee of the Department of State (including the Foreign Service of the United States) when deemed necessary in the interest of national security. This authority may be delegated by the Secretary to appropriate subordinate officials.

163.2 The initial review and evaluation of (1) all investigative reports received from the U. S. 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 161.4-3 of these regulations, and (3) any FBI reports of investigation conducted or processed under Executive Order 9835 of March 21, 1947, as amended, which are 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 may:

a. Conduct or request further investigation if such is required; or

b. If deemed necessary or advisable, to obtain amplification or clarification of certain matters, further develop the case by written interrogatory or oral interview.

163.3 If the reports of investigation, as referred to in 3 FAM 163. 2, contain derogatory information of the nature referred to in 3 FAM 162. 2 indicating that the continued employment of the person concerned is 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.

163.4 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 Secretary (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.

163.5 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 163.1 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 mer 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 163. 4, interim action other than suspension should be used to the fullest practicable extent.

164 Procedures After Suspension 164. 1 Notice and Answer

164.1-1 A suspended employee who is a citizen of the United States and who has a permanent or indefinite appointment and has completed. his probationary or trial period shall be furnished a written statement of charges within 30 days after his suspension.

a. The statement of charges shall be signed by the Administrator, Bureau of Security and Consular Affairs, and shall be as specific and detailed as security considerations, including the need for protection of confidential sources of information, permit. The statement shall be subject to amendment within 30 days of issuance.

b. The employee shall have the right within 30 days after issuance of the statement of charges, or any amendment thereof, to answer the charges and submit affidavits. 164.1-2 A suspended employee not within the terms of reference of 3 FAM 164.1-1 shall be notified as soon as possible of the reasons for his suspension.

a. The notice shall be signed by the Administrator, Bureau of Security and Consular Affairs, and shall be as specific and detailed as security considerations, including the need for protection of confidential sources, permit.

b. The employee shall have the right to submit, within 30 days after notice of the reasons for his suspension, statements or affidavits refuting or explaining the stated reasons for his suspension.

164.2 Sufficiency of Answer

164.2-1 Statements, affidavits, and supporting documents submitted in answer to the notice or charges referred to in 3 FAM 164. 1-1 and 164. 1-2 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.

164.2-2 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 3 FAM 165. 2, terminate the employment of the suspended employee. 164.2-3 The employee shall be furnished with a written statement of the decision of the Secretary of State.

165 Hearing Procedure 165. 1

Security Hearing Boards

165.1-1 The Administrator, Bureau of Security and Consular Affairs, shall nominate civilian officers or employees of the Department of State to the security hearing board roster maintained by the U. S. Civil Service Commission in accordance with the President's directive of April 27, 1953, "To the Heads of All Executive Departments and Agencies" and regulations and procedures issued by the Civil Service Commission pursuant thereto. 165.1-2 Officers and employees nominated to security hearing board rosters shall be persons of responsibility, unquestioned integrity, and sound judgment. Each such nominee shall have been the subject of a full field investigation, and his nomination shall be determined to be clearly consistent with the interests of the national security.

165.1-3 The Security Hearing Board of the Department of State shall consist of not less than 3 civilian officers or employees of the Federal Government selected by the Administrator, Bureau of Security and Consular Affairs, from rosters maintained for that purpose by the U. S. Civil Service Commission. 165.1-4 No officer or employee of the Department of State shall serve as a member of a security hearing board hearing the case of an officer or employee of the Department of State. 165.1-5 No person shall serve as a member of of a security hearing board hearing the case of an officer or employee with whom he is acquainted.

165.2-2 Hearings before the Security Hearing Board shall be conducted in an orderly manner and in a serious, business-like atmosphere of dignity and decorum, and shall be expedited as much as possible.

165. 2-3 Testimony before the Security Hearing Board shall be given under oath or affirmation. 165. 2-4 The Administrator, Bureau of Security and Consular Affairs, shall be responsible for the preparation of the charges against the employee to be presented to the Security Hearing Board.

165.2-5 The Secretary of State shall be represented at the hearing by the Security Counsel. Such representative shall not act as prosecutor, but shall aid the board in legal and procedural matters and advise the employee of his rights before the board. The Security Counsel may participate in the examination of the suspended employee and witnesses appearing before the board.

165.2-6 The Security Hearing Board shall take whatever action is necessary to insure the employee of a full and fair consideration of his саве. The employee shall be informed by the board of his right (a) to participate in the hearing, (b) to be represented by counsel of his choice, (c) to present witnesses and offer other evidence in his own behalf and in refutation of the charges brought against him, and (d) to cross-examine any witnesses offered in support of the charges.

165. 2-7 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 nondisclosure to him of confidential information or by lack of opportunity to cross-examine confidential informants, the hearing board shall take that fact into consideration. If a 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.

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.

165.2-8 The Security Hearing Board shall conduct the hearing proceedings in such manner as to protect from disclosure information affecting the national security or tending to dinclose or compromise investigative sources or methods.

165.2-9 A complete verbatim stenographic transcript shall be made of the hearing by qualified reporters, and the transcript shall constitute a permanent part of the record. Upon request, the employee or his counsel shall be furnished a copy of the transcript of the hearing.

165.3 Decision of Security Hearing Board 165.3-1 The Security Hearing Board shall reach its conclusions and base its determination on the transcript of the hearing, together with such confidential information as it may have in its possession. The board in making its determination shall take into consideration the inability of the employee to meet information of which he has not been advised because of security reasons, specifically or in detail, or to attack the credibility of witnesses who do not appear.

165.3-2 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 the 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.

165.4

Decision by Secretary of State 165.4-1 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

3 FAM 164. 2-2a or b, he shall take appropriate action as therein indicated; otherwise, he shall terminate the employment of the suspended employee.

165.4-2 The employee shall be furnished a written statement of the decision of the Secretary of State.

166 Notice of Personnel Action

Complete information concerning action taken in security cases shall be immediately supplied by the Administrator, Bureau of Security and Consular Affairs, to the U. s. Civil Service Commission.

167 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.

168 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, 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.

169

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, 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, as amended, and these regulations shall be readjudicated in accordance with the act of August 26, 1950 (64 Stat. 476), and these regulations.

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