tion, to the General Counsel of the Department of Defense. The General Counsel will consult with representatives of the Department of Justice to assure that the rights of employees are fully considered, and to determine whether the proposed charges are fully supported, and the extent to which confrontation and cross-examination of witnesses will be required. Following such consultation, the General Counsel will advise the Head of the DoD Component regarding the procedure to be followed in the particular case. (4) Employees will not be suspended under this authority while an investigation is pending when the available information indicates that retention in a duty status during such investigation would not pose an immediate threat to the national security. When considered necessary in order to provide the maximum protection to the security of the activity or of classified defense information or material pending determination under the provisions of section 7532 of title 5, United States Code, interim action other than suspension, such as withholding of access to classified defense information or material, temporary detail or reassignment will be used to the fullest practicable extent. (5) Suspension from a sensitive position, together with temporary detail to a nonsensitive position without loss of pay, may be utilized in order to initiate action as prescribed in paragraph (b) of this section: Provided, The suspending authority notifies the employee that he may be suspended without pay at any time prior to the final decision of his case. (b) Right of employee to hearing. A U.S. citizen employee of the Department of Defense having a permanent or indefinite appointment, irrespective of whether the employee has completed the probationary or trial period, whose termination under the provisions of section 7532 of title 5, United States Code, is proposed shall be granted the following procedural benefits: (1) The employee will be given a letter of charges in accordance with the provisions of section 7532 of title 5, United States Code, which will be as specific as security considerations permit. Each charge will be directly related to one or more of the specific criteria set forth in § 156.7(b). (2) The employee shall be informed in the letter of charges of his right (1) to a hearing, (ii) to be represented by counsel of his choice, (iii) to testify in his own behalf, (iv) to present witnesses and offer other evidence under oath or affirmation, and (v) to cross-examine any witnesses offered in support of the charges. (3) The employee will be given 30 calendar days in which to answer the letter of charges and to request a hearing. (4) The hearing by an authority duly constituted for this purpose provided for in section 7532 of title 5, United States Code, is construed to mean a hearing before a board established solely by the Head of the DoD Component concerned, and, in the case of the Military Departments, by a statutory official designated by the Secretary concerned. The board shall be composed of not less than three impartial and disinterested members, all or a majority of whom shall be civilians. One member shall be designated as Chairman, and, as such, is authorized to administer oaths. The members will be selected from DoD Components other than the one by which the individual is employed. (c) Hearing board counsel. (1) A qualified attorney will be assigned to act as counsel for the hearing board. He will be responsible for assisting the hearing board in making certain that the record is as complete as practicable. He will question Department of Defense witnesses and cross-examine witnesses produced by the employee, although the hearing board may also question any witness. (2) In order to reduce the issues in controversy and to simplify the hearing, the hearing board counsel is authorized to consult directly with the employee or his counsel, as appropriate, for the purpose of reaching mutual agreement on such matters as the clarification of the issues, the taking of depositions and stipulations with respect to testimony, and the contents of documents and other physical evidence. Such stipulations shall be binding upon the employee and the Department of Defense for the purpose of these proceedings. (d) Reply to letter of charges. (1) The letter of charges shall notify the employee to reply to each of the charges under oath or affirmation and specifically to admit, or deny, or expressly disclaim knowledge, as appropriate, of each of the charges. The employee shall be advised to make arrangements to produce witnesses and such information in support of his reply as may be required. (2) The letter of charges shall advise that the employee is required to give complete information and testimony regarding the allegations, and that failure to do so will necessitate a determination being made in the light of the record as it stands. (3) Should an employee not file a written request for a hearing within 30 calendar days, the employee shall be deemed to have relinquished the right to such a hearing. In the event the employee does not avail himself of a hearing, a final determination shall be made by the official designated in paragraph (f) of this section, based upon all available information, including the employee's reply to the letter of charges and all documents in support thereof. (4) Where, after due notice of the time and place set for the hearing, the employee, without explanation, fails to appear for such hearing, the hearing board shall consider the case and make its recommendation on the basis of the information available to it. (e) Hearing procedure. (1) Hearings before security hearing boards shall be conducted expeditiously in an orderly manner with dignity and decorum. Should the conduct of the employee or his counsel be such that the orderly and prompt disposition of the matters before the Board are impaired, or rulings ignored or flouted deliberately, the Chairman is authorized in his discretion to recess the hearing forthwith. Further proceedings may be held only after assurances satisfactory to the Chairman are made by the offending party that he is prepared to abide by the rulings of the Chairman. (2) Testimony before hearing boards shall be given under oath or affirmation. (3) The hearing board shall take whatever action is necessary to insure the employee of full and fair considera tion of his case. The employee will be informed by the Chairman of his rights under this part. (4) After the hearing has been convened the letter setting forth the charges against the employee shall be read, and the statements and affidavits by the employee in answer to such charges, unless such reading is waived by mutual consent of the Chairman and the employee. In any event, such material shall be incorporated as a part of the record of the hearing. (5) The Department and the employee may introduce evidence responsive to the issues. Rules of evidence shall not be binding on the Board, but the Chairman may impose reasonable restrictions as to the relevance, competency, and materiality of matters considered, so that the hearings shall not be unduly prolonged. Unclassified investigative information not made available to the employee whose removal is sought under the provisions of section 7532 of title 5, United States Code shall not be furnished to the Board. Investigative information not made available to the employee whose removal is sought under the provisions of section 7532 of title 5, United States Code shall not be furnished the Board subject to the following exception: If the investigative information constitutes classified information the Board may receive and consider such information, provided the employee is furnished as comprehensive and detailed an unclassified summary of the information as the national security permits. (6) The employee shall have the right to control the sequence of witnesses called by him. Reasonable cross-examination of witnesses by the employee shall be permitted. (7) The hearing board shall give due consideration to documentary evidence developed by investigation, including but not limited to, such matters as membership cards, petitions bearing the employee's signature, personnel and security forms executed by the employee, and transcripts of relevant testimony before other duly constituted authorities. The fact that such evidence has been considered shall be made a part of the transcript of the hearing, together with a complete identification of the document in question, including date, place, and other designative information. (8) The Chairman, in his discretion, may invite any person to appear at the hearing and testify, and may cross-examine him. The employee may be called to testify. Where an employee's refusal to testify or to answer questions regarding the issues in his case prevents the board from reaching a determination that his employment is clearly consistent with the interests of national security, the board may adjourn the hearing and take action as provided in subparagraph (14) of this paragraph. (9) The hearing board shall conduct the hearing proceedings in such manner as to protect information, the disclosure of which would adversely affect the national security or tend to disclose or compromise investigative sources or methods. (10) Hearings shall be private. There shall be present at the hearing only the members of the hearing board, the hearing board counsel, the stenographer or stenographers, the employee, his counsel, Department of Defense officials concerned, and witnesses when actually testifying. (11) Where the hearing board determines that further investigation is essential in order to arrive at a proper decision in the case, the board will specify the particular areas to be investigated on an expeditious basis through the DoD Components concerned. (12) The hearing board, in making its recommendation, shall take into consideration the fact that the employee may have been handicapped by the nondisclosure to him of classified defense information, or the inability of the employee to attack the credibility and accuracy of any person furnishing information about the employee who fails to appear as a witness. Where such persons are not confidential informants, their failure to appear, together with the reason for their absence, shall be considered by the board, as well as the fact that the board cannot pay witness fees or reimburse them for their travel or other expenses. The board shall reach its conclusions and base its determination on the transcript of the hearing, together with such classified defense information as may be submitted to it. This classified information will be identified and included in the classified portion of the record for review by the official designated in paragraph (f) of this section, together with the information disclosed to the employee pursuant to subparagraph (5) of this paragraph. Where such information has not been shown to the employee, the reasons for this action will be set forth. steno (13) A complete verbatim graphic transcript will be made of the hearing by qualified reporters, which will be made a permanent part of the record. The employee will be furnished a copy of the transcript without cost. The transcript shall not include classified information submitted to the board, but shall include an unclassified summary thereof. (14) The hearing board will make findings of fact with respect to each allegation in the letter of charges, and a recommendation whether retention of the employee is clearly consistent with the interests of the national security. The report of the board will be in writing, and will be signed by all members of the board. If a determination is not unanimous, a signed minority report shall be submitted. (15) The record of the case, including the findings and the recommendation of the hearing board, shall be reviewed by the official designated in paragraph (f) of this section. Following such review, the employee shall be notified in writing of the final determination, and if adverse, the hearing board's report and recommendations, except for any classified portions, shall be made available to the employee. (f) Termination of employment. The authority to terminate the employment of an employee of a Military Department is vested solely in the Secretary of the Military Department concerned and in such other statutory official as he may designate. Action to terminate employees of the Office of the Secretary of Defense, and DoD Components other than those of the Military Departments, shall be submitted to the Assistant Secretary of Defense (Administration) for decision. (g) Resignations. A resignation submitted by an employee after notice of suspension or other proposed adverse action under the provisions of section 7532 of title 5, United States Code has been communicated to him and before final action has been taken, will be accepted. However, the Standard Form 50 effecting the resignation will bear the following Notation, "Resigned while action pending to separate for security reasons under the provisions of section 7532 of title 5, United States Code." (h) Benefits. An employee whose employment has been suspended or terminated under the provisions of section 7532 of title 5, United States Code and who is reinstated or restored to duty under the provisions of section 3571 of title 5, United States Code, is entitled to benefits as provided for by section 3 of Public Law 89-380; 80 Stat. 94, and as prescribed by Federal Personnel Manual System Letter No. 550-17, and Erratum, dated August 26, 1966. [81 F.R. 13644, Oct. 22, 1966; 32 F.R. 4114, Mar. 16, 1967, as amended at 32 F.R. 5421, Mar. 31, 1967] § 156.10 Reinstatement, restoration to duty or reemployment of terminated employees. (a) Any person whose employment in the Department of Defense is terminated under the provisions of section 7532 of title 5, United States Code or any other security or loyalty program relating to officers or employees of the Government, shall not be reinstated or restored to duty or reemployed in the Department of Defense unless the Secretary of Defense, or his designee for that purpose, finds that such reinstatement, restoration, or reemployment is clearly consistent with the interests of the national security, which finding shall be made a part of the record. (b) Any person whose employment in any other agency or department of the Government is terminated under the provisions of section 7532 of title 5, United States Code, or any other security or loyalty program of the Government, shall not be employed in the Department of Defense unless the Civil Service Commission determines that such person is eligible for employment and the person's employment is approved by the Secretary of Defense, or his designee for that purpose, which determination and ap proval shall be made a part of the record. See section 7312 of title 5, United States Code. [32 F.R. 5421, Mar. 31, 1967] § 156.11 Referral of possible derogatory information. Whenever there is developed or received any information indicating that the retention in employment of any officer or employee of the Department of Defense may not be clearly consistent with the interests of the national security, such information shall be forwarded to the Head of the DoD Component concerned or his designee. In such cases the Head of the DoD Component concerned or his designee, after such investigation as shall be appropriate, shall review, and where necessary, adjudicate or readjudicate, in accordance with the provisions of section 7532 of title 5, United States Code, the case of such officer or employee. [32 F.R. 5421, Mar. 31, 1967] § 156.12 Security determinations concerning applicants for sensitive positions. Applicants being considered for a sensitive position should, whenever appropriate, have an opportunity to explain or refute derogatory security information (as distinct from derogatory suitability information) developed in an investigation before being rejected or nonselected on security grounds. The Central Clearance Group shall perform this function, by permitting the individual concerned to have an option either to appear personally and informally before a member or designee of the Group or to respond to written interrogatories to be furnished to the individual by the Group. The purpose of this provision is to prevent errors which might otherwise result from mistakes in identity or mitigating circumstances which are unknown to the prospective employing DoD Component. In the event the Central Clearance Group determines that employment of the applicant is not clearly consistent with the interests of national security the Group shall recommend to the Head of the DoD Component concerned that the applicant be denied employment. [31 F.R. 13646, Oct. 22, 1966] § 156.13 Notice requirements. Pursuant to Executive Order 10450, as amended, and in order to assist the Civil Service Commission in discharging its responsibilities under that Order, the Department of Defense Components will notify the Civil Service Commission of the action taken as soon as possible after the receipt of the final investigative report on a civilian officer or employee subject to full field investigation under the provisions of the Order. In the case of a completely favorable investigation, notification shall be made within thirty (30) days. In the case of an unfavorable investigation, notification shall be made within ninety (90) days. In both situations, if special circumstances have precluded accomplishing the reports to the Civil Service Commission within the time limits, continuing reports will be made to the Civil Service Commission every thirty (30) days until accomplished. Such notice shall be in accordance with and conform to the requirements of the Civil Service Commission as stipulated in Chapter 736, Appendix B-1, Federal Personnel Manual, 1963. The Assistant Secretary of Defense (Administration) shall be notified with regard to each suspension or termination under provision of section 7532 of title 5, U.S. Code, and of reinstatement, restoration to duty or reemployment following any suspension or termination. Such notice shall be made no later than 10 days after each such action has occurred and will include the full name, date and place of birth, grade, type of action, and the date the action was taken with respect to such employee. [32 F.R. 10644, July 20, 1967] SOURCE: The provisions of this Part 157 appear at 30 F.R. 13008, Oct. 13, 1965, unless otherwise noted. § 157.1 Purpose. Pursuant to the authority assigned in DoD Directive 5100.36, "DoD Technical Information," December 31, 1962, and DoD Instruction 5129.43, "Assignment of Functions for the Defense Scientific and Technical Information Program," January 22, 1963, this part establishes a certification procedure whereby U.S. Government or U.S. Government-sponsored research and development activities can be registered for access to scientific and technical information under cognizance of the Department of Defense and establishes forms to be used for the purpose. § 157.2 Applicability and scope. (a) This part applies to all Department of Defense components and to those designated representatives of other U.S. Government agencies who approve applications for access to DoD scientific and technical reports and information. (b) When properly executed, the DoD forms established by this part will be used by dissemination activities as their authority to disseminate scientific and technical information as defined in 157.3(a). The access afforded through use of these forms does not override special considerations or approvals that affect the flow of controlled information as defined herein. (c) This part does not apply to primary distribution of scientific and technical information or to inter-library loan within DoD. (a) Scientific and technical information. Includes documentary, information, and reference products or services in the form of technical information either generated by or gathered for the research, development, test, and evaluation programs of the Department of Defense. The related bibliographies, indexes, announcements and state-of-the art studies are also included. The words "technical information" in this part shall refer to Scientific and Technical Information. (b) Dissemination activity. A DOD activity or DoD sponsored activity, such |