is entitled, after suspension and before removal, to— (A) a written statement of the charges against him within 30 days after suspension, which may be amended within 30 days thereafter and which shall be stated as specifically as security considerations permit; (B) an opportunity within 30 days thereafter, plus an additional 30 days if the charges are amended, to answer the charges and submit affidavits; (C) a hearing, at the request of the employee, by an agency authority duly constituted for this purpose; (D) a review of his case by the head of the agency or his designee, before a decision adverse to the employee is made final; and (E) a written statement of the decision of the head of the agency. Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 529. 5 U.S.C. § 7533. Effect on other statutes This subchapter does not impair the powers vested in the Atomic Energy Com. mission by chapter 23 of title 42, or the requirement in section 2201 (d) of title 42 that adequate provision be made for administrative review of a determination to dismiss an employee of the Atomic Energy Commission. Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 529. SUBVERSIVE ACTIVITIES CONTROL BOARD, RULES OF PROCEDURE, PROCEEDINGS UNDER EXECUTIVE ORDER NO. 11605 TITLE 28-JUDICIAL ADMINISTRATION CHAPTER II-SUBVERSIVE ACTIVITIES CONTROL BOARD PART 201-RULES OF PROCEDURE Proceedings Under Executive Order No. 11605 By virtue of the authority delegated to it by the President in section 2 of Executive Order No. 11605 of July 2, 1971, and pursuant to subsection (j) of said section 2, the Subversive Activities Control Board hereby issues these regulations governing determinations to be made by the Board in accordance with section 12 of Executive Order No. 10450 of April 27, 1953, as amended by Executive Order No. 11605. Accordingly, 28 CFR Part 201 is amended as follows: 1. The present content of Part 201 is redesignated as "Subpart A-Proceedings under the Subversive Activities Control Act of 1950." 2. A new Subpart B is added to read: SUBPART B-PROCEEDINGS UNDER EXECUTIVE ORDER 11605 Sec. 201.51 Hearings and determinations under Executive Order 11605. 201.52 Hearings to be conducted expeditiously. 201.53 Petitions under section 2 (c). 201.54 Petitions under section 2(i). 201.55 Petitions of the Attorney General or an organization under section 2(i). 201.56 Service of papers. Parties to proceedings. Answers. 201.57 201.58 201.59 201.60 Notice of hearing. Hearings to be public. AUTHORITY: The provisions of this Subpart B issued under sec. 2, E.O. 11605, 36 F.R. 12831. SUBPART B-PROCEEDINGS UNDER EXECUTIVE ORDER 11605 $201.51 Hearings and determinations under Executive Order No. 11605. Hearings and determinations as herein provided are entirely separate and apart from and are in no manner or way connected with hearings and determinations made by the Board under the Internal Security Act of 1950, as amended. $201.52 Hearings to be conducted expeditiously. It is the policy of the Board that to the extent practical and consistent with procedural due process, the hearings herein provided for, shall be conducted expeditiously and that all efforts be made to avoid delay. $201.53 Petitions under section 2 (c). Petitions of the Attorney General instituting proceedings by the Board under subsection (c) of section 2 of Executive Order No. 11605 shall be signed by the Attorney General or his delegate. Each such petition shall contain a concise statement sufficient to give the organization notice as to the facts from which the Attorney General has reason to believe that the organization meets the standards for designation. $201.54 Petitions under section 2(i). Petitions of the Attorney General instituting proceedings by the Board under the first sentence of subsection (i) of section 2 of Executive Order 11605 shall be signed by the Attorney General or his delegate. Each such petition shall set forth the last known address of the organization, the date when it reasonably can be said that the organization ceased to exist, and any relevant circumstances pertaining thereto. $201.55 Petitions of the Attorney General or an organization under section 2 (i). Petitions instituting proceedings under the second sentence of subsection (i) of section 2 of Executive Order 11605 shall be signed by the Attorney General or his delegate, or in the case of a petitioning organization, by someone authorized to act for, and on behalf of the organization. Each such petition shall contain a concise statement of the facts upon which the petitioner relies in asserting that the organization does not currently meet the standards for designation. $201.56 Service of papers. A copy of any petition filed by the Attorney General under §§ 201.53, 201.54, and 201.55 shall be served on the organization involved by mailing the same by registered mail directed to the last known address of the organization. If the copy of the petition is not delivered and is returned by the U.S. Postal Service, the Attorney General shall notify the Board in writing. Upon the receipt of such notice the Board shall cause a copy of the petition, together with a copy of the Board's notice fixing the time and place for hearing, to be published in the FEDERAL REGISTER. A copy of any petition filed under $ 201.55 by or on behalf of an organization shall be sent by the Board to the Attorney General, together with a copy of the Board's notice fixing the time and place of hearing. § 201.57 Parties to proceedings. The Attorney General and any organization involved in any proceeding governed by these rules shall constitute the parties to the proceeding. Where desirable to develop a full and complete record Board counsel may, with the approval of the hearing member or members, participate as may be appropriate. § 201.58 Answers. Any organization named in a petition filed by the Attorney General under $$201.53, 201.54, and 201.55 may, within 20 days from the date of the Attorney General's petition, file with the Board and serve upon the Attorney General a reply to the petition setting forth the organization's statement of facts which the organization believes explains or controverts the facts alleged by the Attorney General. Similarly, in proceedings brought by an organization under § 201.55, the Attorney General may file and serve a written reply to the petition. § 201.59 Hearings to be public. Determinations to be made by the Board will be based on oral testimony taken under oath or affirmation and documentary evidence adduced at open, public hearings. The hearing member or members may make suitable arrangements for depositions. $201.60 Notice of hearing. No sooner than 30 days and no later than 45 days after the filing of a petition under either of §§ 201.53, 201.54, and 201.55, the Chairman of the Board, or, in his absence, the Vice Chairman, will set a time and place for hearing and so notify the parties, and will designate not more than three members of the Board to conduct the hearing. Unless not feasible or practicable in the circumstances of a particular proceeding, the hearing will be held at, or as near to as is practicable, the geographical location of the last known address of the organization. § 201.61 Obstructing of hearing. Misconduct at any hearing which obstructs the hearing shall be grounds for summary exclusion from the hearing room. $201.62 Rights of parties. Each party to a proceeding shall have the right to present its case with the assistance of counsel, to offer oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. A stenographic transcript shall be taken of all testimony given and oral statements made during a hearing. Copies of the stenographic transcript may be purchased upon the payment of the fees fixed by the Board. § 201.63 Parties failing to appear. Where one of the parties involved in a proceeding declines or fails to appear at a hearing, the hearing member or members will, nevertheless, proceed to receive such relevant evidence as is offered by the other party or parties. $201.64 Recommended decision. At the conclusion of the hearing, the hearing member or members may allow the parties to submit proposed findings and determination and shall, upon consideration thereof, file with the Board and the parties thereto the recommended finding of fact and the recommended determination of the hearing member or members. Within 15 days after the filing of the recommended findings and recommended determination, or within such additional times as the Board for good cause shown may fix, each party may file with the Board and serve on the other party or parties a memorandum of exceptions to any of the recommendations and the reasons for such exceptions. If requested by any party or upon its own motion the Board may, in its discretion, hear oral argument on the exceptions in such manner and under such circumstances as the Board may deem appropriate. 201.65 Decision of Board. The Board will in each proceeding issue its written findings and determination and serve a copy thereof upon each party to the proceeding. In proceedings under subsection (c) of section 2 of Executive Order No. 11065 in which it is determined that an organization is of a type defined in said subsection, the Board's findings will include wherever obtainable from the record: The date when the organization became the type it is determined to be; a description of the origin, history, aims, and purposes of the organization; leadership of the organization; the geographical area or areas in which the organization has operated; and, any other facts of a specialized nature respecting the organization. In proceedings under §§ 201.54 and 201.55 the findings of the Board will include the date when an organization ceased to be of the type involved if such a change occurred. $201.66 Form of papers. All petitions, replies to petitions, and other papers filed in proceedings governed by these regulations may be printed or typewritten or reproduced by any process, provided the copies are clear and legible. Documents other than correspondence and exhibits should be on strong, durable paper not more than 81⁄2 inches wide and 12 inches long, with a left-hand margin 11⁄2 inches wide. An original and three copies of all papers will be required. $201.67 Computation of time. In computing time under these regulations, the day on which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday, or national legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. $201.68 Offices. All petitions and other papers filed in proceedings under this part may be delivered by hand or mailed to the Office of the Executive Secretary of the Board at Room 500, 2120 L Street NW., Washington, DC 20037. The Board's telephone number is Area Code 202, 254-3958. Effective date. These regulations are to be effective upon publication in the FEDERAL REGISTER (9-10-71). EXECUTIVE ORDER 9300 JOHN W. MAHAN, ESTABLISHING THE INTERDEPARTMENTAL COMMITTEE TO CONSIDER CASES OF SUBVERSIVE ACTIVITY ON THE PART OF FEDERAL EMPLOYEES By virtue of the authority vested in me by section 1753 of the Revised Statutes of the United States, Title I of the First War Powers Act, 1941 (Public Law 354-77th Congress), and as President of the United States, it is hereby ordered as follows: 1. There is hereby established, within the Department of Justice, an Interdepartmental Committee whose composition, powers, functions, and responsibilities are defined herein. 2. The Committee shall consist of five members appointed by the President from among the officers or employees of the departments, independent establishments and agencies of the Federal Government. The Committee shall choose its own officers. 3. The Committee shall serve as an advisory and coordinating agency in all matters pertaining to the investigation and disposition of complaints of subversive activity on the part of employees of the executive branch of the Federal Government excepting those who are on conditional appointment subject to the results of an investigation which is still pending, and shall initiate such measures as are best suited in its judgment to assure fair and prompt disposition of complaints and to protect the interests of the Government of the United States: Provided, however, that the Committee shall take no action concerning employees of the Department of the Navy or the Department of War except upon request from the Secretary of the Navy or the Secretary of War, respectively. 4. The departments, independent establishments and agencies of the Federal Government shall refer all complaints within the purview of paragraph 3 of this order, hereinafter referred to as complaints, together with all available information pertaining thereto, to the Federal Bureau of Investigation in the Department of Justice, for information or investigation. 5. The Committee shall consider general classes of complaints, or particular complaints, upon request of the Department of Justice, and shall recommend to the Department appropriate policies to govern the investigation of such complaints. 6. The Committee shall receive all computed investigative reports made by the Federal Bureau of Investigation, Department of Justice, on complaints and shall advise the departments, independent establishments and agencies concerning the procedures for determining action thereon. 7. The departments, independent establishments and agencies of the executive branch of the Government are directed to report to the Committee, within a reasonable period of time, the procedures followed and action taken on all cases referred by the Committee. The Committee in turn shall report forthwith to the Federal Bureau of Investigation the action taken by the employing department, independent establishment, or agency. 8. Upon request from an employing department, independent establishment, or agency, the Committee may review the record in any case within the purview of paragraph 3 of this order and return an advisory opinion concerning the disposition of the case. 9. Whenever the requirements of internal security appear to the Committee to have been insufficiently considered in connection with the disposition of an investigative report, the Committee may review the case upon its own motion and transmit its recommendation to the employing department, independent establishment, or agency. 10. In time of war or other national emergency, upon a finding that internal security will be endangered by recourse to the procedures authorized elsewhere in this order, the Committee may recommend to the President such special action in exceptional cases as internal security may require. 11. Nothing contained in this order shall be construed to limit the authority of any department, independent establishment, or agency to suspend any employee as provided by law, to bar an immediate arrest and the transfer to court jurisdiction of any case in which the Department of Justice finds that such action is warranted, or to restrict the powers and responsibilities of the Civil Service Commission in connection with its review of disciplinary or administrative action against an employee. 12. The Department of Justice is hereby directed to furnish such clerical, stenographic, and other assistance and supplies as may be necessary to the operation of the Committee. Members of the Committee shall serve without compensation in such capacity. THE WHITE HOUSE, February 5, 1943. FRANKLIN D. ROOSEVELT. EXECUTIVE ORDER 9835 PRESCRIBING PROCEDURES FOR THE ADMINISTRATION OF AN EMPLOYEES LOYALTY PROGRAM IN THE EXECUTIVE BRANCH OF THE GOVERNMENT Whereas each employee of the Government of the United States is endowed with a measure of trusteeship over the democratic processes which are the heart and sinew of the United States; and Whereas it is of vital importance that persons employed in the Federal service be of complete and unswerving loyalty to the United States; and Whereas, although the loyalty of by far the overwhelming majority of all Government employees is beyond question, the presence within the Government service of any disloyal or subversive person constitutes a threat to our democratic processes; and Whereas maximum protection must be afforded the United States against infiltration of disloyal persons into the ranks of its employees, and equal protection from unfounded accusations of disloyalty must be afforded the loyal employees of the Government: Now, therefore, by virtue of the authority vested in me by the Constitution and statutes of the United States, including the Civil Service Act of 1883 (22 Stat. 403), as amended, and section 9A of the act approved August 2, 1939 (18 U.S.C. 611), and as President and Chief Executive of the United States, it is hereby, in the interest of the internal management of the Government, ordered as follows: PART I-INVESTIGATION OF APPLICANTS 1. There shall be a loyalty investigation of every person entering the civilian employment of any department or agency of the executive branch of the Federal Government. (a) Investigations of persons entering the competitive service shall be conducted by the Civil Service Commission, except in such cases as are covered by a special agreement between the Commission and any given department or agency. (b) Investigations of persons other than those entering the competitive service shall be conducted by the employing department or agency. Departments and agencies without investigative organizations shall utilize the investigative facilities of the Civil Service Commission. 2. The investigations of persons entering the employ of the executive branch may be conducted after any such person enters upon actual employment therein, but in any such case the appointment of such person shall be conditioned upon a favorable determination with respect to his loyalty. (a) Investigations of persons entering the competitive service shall be conducted as expeditiously as possible; provided, however, that if any such investigation is not completed within 18 months from the date on which a person enters actual employment, the condition that his employment is subject to investigation shall expire, except in a case in which the Civil Service Commission has made an initial adjudication of disloyalty and the case continues to be active by reason of an appeal, and it shall then be the responsibility of the employing department or agency to conclude such investigation and make a final determination concerning the loyalty of such person. |