50 U.S.C. § 831 — Regulations for employment security

Page 92 TITLE 50—WAR AND NATIONAL DEFENSE § 798 istration, or in the custody of the National Aeronautics and Space Administration or any officer or employee thereof. (C) Covered property The term ‘‘covered property’’ means air- craft, airports, airport facilities, vessels, harbors, ports, piers, water-front facilities, bases, forts, posts, laboratories, stations, ve- hicles, equipment, explosives, or other prop- erty or places. (D) Regulation as including order The term ‘‘regulation’’ includes an order. (b) Posting Any regulation or order covered by subsection (a) shall be posted in conspicuous and appro- priate places. (Sept. 23, 1950, ch. 1024, title I, § 21, 64 Stat. 1005; Pub. L. 109–163, div. A, title X, § 1053, Jan. 6, 2006, 119 Stat. 3435.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–163 amended section generally. Prior to amendment, section related to security regulations and orders and penalties for violations. § 798. Repealed. Pub. L. 103–199, title VIII, § 803(1), Dec. 17, 1993, 107 Stat. 2329 Section, act Sept. 23, 1950, ch. 1024, title I, § 1(b), 64 Stat. 987, provided that the Internal Security Act of 1950 not be construed to authorize, require, or establish military or civilian censorship or in any way to limit or infringe upon freedom of press or of speech as guar- anteed by Constitution. SUBCHAPTER II—EMERGENCY DETENTION OF SUSPECTED SECURITY RISKS §§ 811 to 826. Repealed. Pub. L. 92–128, § 2(a), Sept. 25, 1971, 85 Stat. 348 Section 811, act Sept. 23, 1950, ch. 1024, title II, § 101, 64 Stat. 1019, related to Congressional finding of neces- sity. Section 812, act Sept. 23, 1950, ch. 1024, title II, § 102, 64 Stat. 1021, related to declaration of ‘‘internal secu- rity emergency’’ by the President, events warranting the declaration, and period of existence. Section 813, act Sept. 23, 1950, ch. 1024, title II, § 103, 64 Stat. 1021, related to detention during emergency and to release. Section 814, act Sept. 23, 1950, ch. 1024, title II, § 104, 64 Stat. 1022, related to procedure for apprehension and detention, providing in subsecs. (a) to (h), respectively, for warrants and applications; service of warrants and apprehension, and copies for persons apprehended; places of confinement, provision for transportation, food, shelter, etc., and supervision; preliminary hear- ing, rights of detainee, evidence, orders and reports of hearing officer, and appointment of preliminary hear- ing officers; receipt of additional information upon re- quest of detainee, and revocation or modification of de- tention order; presentation of evidence in case of Board or court review and right to withhold certain informa- tion; regulations by Attorney General and exclusion of forced labor and confinement with criminals; and bi- monthly reports to President and Congress during emergency. Section 815, act Sept. 23, 1950, ch. 1024, title II, § 105, 64 Stat. 1023, related to the Detention Review Board, providing in subsecs. (a) to (d), respectively, for cre- ation of Board, membership, terms, designation of Chairman, and removal; Board divisions, vacancies, powers of remaining members, quorums, official seal, and judicial notice thereof; reports to Congress and its contents; and dissolution upon termination of emer- gency, release of detainees, conclusion of proceedings, and subsequent establishment. Section 816, act Sept. 23, 1950, ch. 1024, title II, § 106, 64 Stat. 1024, related to salaries of Board members, other personnel, use of agencies and services, expenses, and appropriations. Section 817, act Sept. 23, 1950, ch. 1024, title II, § 107, 64 Stat. 1024, specified the District of Columbia as Board headquarters and related to meetings and hear- ings outside the District. Section 818, act Sept. 23, 1950, ch. 1024, title II, § 108, 64 Stat. 1024, related to rules and regulations by the Board and applicability of the Administrative Proce- dure Act. Section 819, act Sept. 23, 1950, ch. 1024, title II, § 109, 64 Stat. 1025, related to powers and duties of Board, pro- viding in subsecs. (a) to (j), respectively, for review of, and action on, orders and claims, and determination of security risks; time for hearing on petition for review, the notice and place; information which may be given to detainee in review cases; subpenas, oaths, affirma- tions, witnesses, evidence, aid of courts, and contempt; service of papers, fees and mileage, and information from other Government agencies; rights of detainee at hearing; consideration of confidential evidence, reduc- tion of evidence to writing, and additional testimony, and argument; evidentiary matters considered in decid- ing questions as to security risks; necessity for reason- able ground for belief, and claims for indemnity and re- ceipt of evidence having probative value. Section 820, acts Sept. 23, 1950, ch. 1024, title II, § 110, 64 Stat. 1027; Aug. 28, 1958, Pub. L. 85–791, § 30(a), 72 Stat. 950, related to orders of Board, providing in sub- secs. (a) to (e), respectively, for revocation of detention order; orders sustaining or denying indemnity claims; dismissal of petition and confirmation of detention order; report and recommended order of hearing exam- iner, and effectiveness after expiration of time period; and modification or setting aside by Board of its own findings or orders prior to court review. Section 821, acts Sept. 23, 1950, ch. 1024, title II, § 111, 64 Stat. 1028; Aug. 28, 1958, Pub. L. 85–791, § 30(b), (c), 72 Stat. 950, 951, related to judicial review, providing in subsecs. (a) to (g), respectively, for rights of petitioner; orders granting indemnity and right of Attorney Gen- eral; courts of appeals, place, petition, time, service, record, statement, powers of court, and conclusiveness of Board’s finding; additional evidence, modification of, or new, findings by Board, recommendations, exclusive- ness of court jurisdiction, finality of judgment, and re- view by Supreme Court; commencement of review pro- ceeding as stay of Board’s order; time of finality of Board’s order; and applicability of Administrative Pro- cedure Act. Section 822, act Sept. 23, 1950, ch. 1024, title II, § 112, 64 Stat. 1029, related to resisting, disregarding, or evad- ing apprehension, escape or attempts at escape, con- spiracy, and to penalties. Section 823, act Sept. 23, 1950, ch. 1024, title II, § 113, 64 Stat. 1030, related to aiding evasion of apprehension or escape, concealment, conspiracy, and to penalties. Section 824, act Sept. 23, 1950, ch. 1024, title II, § 114, 64 Stat. 1030, related to resistance of, or interference with, Board members or agents and to penalties. Section 825, act Sept. 23, 1950, ch. 1024, title II, § 115, 64 Stat. 1030, related to definitions. Section 826, act Sept. 23, 1950, ch. 1024, title II, § 116, 64 Stat. 1030, related to preservation of privilege of ha- beas corpus. SUBCHAPTER III—PERSONNEL SECURITY PROCEDURES IN NATIONAL SECURITY AGENCY § 831. Regulations for employment security Subject to the provisions of this subchapter, the Secretary of Defense (hereafter in this sub- Page 93 TITLE 50—WAR AND NATIONAL DEFENSE § 834 chapter referred to as the ‘‘Secretary’’) shall prescribe such regulations relating to con- tinuing security procedures as he considers nec- essary to assure— (1) that no person shall be employed in, or detailed or assigned to, the National Security Agency (hereafter in this subchapter referred to as the ‘‘Agency’’), or continue to be so em- ployed, detailed, or assigned; and (2) that no person so employed, detailed, or assigned shall have access to any classified in- formation; unless such employment, detail, assignment, or access to classified information is clearly con- sistent with the national security. (Sept. 23, 1950, ch. 1024, title III, § 301, as added Pub. L. 88–290, Mar. 26, 1964, 78 Stat. 168.) § 832. Full field investigation and appraisal (a) Conditional employment; other current secu- rity clearance; circumstances authorizing employment on temporary basis No person shall be employed in, or detailed or assigned to, the Agency unless he has been the subject of a full field investigation in connec- tion with such employment, detail, or assign- ment, and is cleared for access to classified in- formation in accordance with the provisions of this subchapter; excepting that conditional em- ployment without access to sensitive cryptologic information or material may be ten- dered any applicant, under such regulations as the Secretary may prescribe, pending the com- pletion of such full field investigation: And pro- vided further, That such full field investigation at the discretion of the Secretary need not be required in the case of persons assigned or de- tailed to the Agency who have a current secu- rity clearance for access to sensitive cryptologic information under equivalent standards of in- vestigation and clearance. During any period of war declared by the Congress, or during any pe- riod when the Secretary determines that a na- tional disaster exists, or in exceptional cases in which the Secretary (or his designee for such purpose) makes a determination in writing that his action is necessary or advisable in the na- tional interest, he may authorize the employ- ment of any person in, or the detail or assign- ment of any person to, the Agency, and may grant to any such person access to classified in- formation, on a temporary basis, pending the completion of the full field investigation and the clearance for access to classified informa- tion required by this subsection, if the Sec- retary determines that such action is clearly consistent with the national security. (b) Boards of appraisal; establishment; member- ship; appointment; appraisal in doubtful cases; report and recommendation; qualifica- tions of members; Secretary’s clearance con- trary to board’s recommendation To assist the Secretary and the Director of the Agency in carrying out their personnel security responsibilities, one or more boards of appraisal of three members each, to be appointed by the Director of the Agency, shall be established in the Agency. Such a board shall appraise the loy- alty and suitability of persons for access to clas- sified information, in those cases in which the Director of the Agency determines that there is a doubt whether their access to that informa- tion would be clearly consistent with the na- tional security, and shall submit a report and recommendation on each such a case. However, appraisal by such a board is not required before action may be taken under sections 7512 and 7532 of title 5, or any other similar provision of law. Each member of such a board shall be specially qualified and trained for his duties as such a member, shall have been the subject of a full field investigation in connection with his ap- pointment as such a member, and shall have been cleared by the Director for access to classi- fied information at the time of his appointment as such a member. No person shall be cleared for access to classified information, contrary to the recommendations of any such board, unless the Secretary (or his designee for such purpose) shall make a determination in writing that such employment, detail, assignment, or access to classified information is in the national inter- est. (Sept. 23, 1950, ch. 1024, title III, § 302, as added Pub. L. 88–290, Mar. 26, 1964, 78 Stat. 168.) Editorial Notes CODIFICATION In subsec. (b), ‘‘sections 7512 and 7532 of title 5’’ sub- stituted for ‘‘section 14 of the Act of June 27, 1944, chap- ter 287, as amended (5 U.S.C. 863), section 1 of the Act of August 26, 1950, chapter 803, as amended (5 U.S.C. 22–1)’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Sections 7511 and 7512 (which related to adverse actions against pref- erence eligible employees and comprised subchapter II of chapter 75) were repealed by Pub. L. 95–454 and re- placed by a new subchapter II (§§ 7511–7514) of chapter 75 (relating to removal, suspension for more than 14 days, reduction in grade or pay, or furlough for 30 days or less). § 833. Repealed. Pub. L. 104–201, div. A, title XVI, § 1633(b)(2), Sept. 23, 1996, 110 Stat. 2751 Section, act Sept. 23, 1950, ch. 1024, title III, § 303, as added Mar. 26, 1964, Pub. L. 88–290, 78 Stat. 169; amended Oct. 27, 1972, Pub. L. 92–596, § 7, 86 Stat. 1318; Oct. 21, 1977, Pub. L. 95–140, § 3(c), 91 Stat. 1173; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Oct. 1, 1986, Pub. L. 99–433, title I, § 110(h)(3), 100 Stat. 1004, related to termination of employment. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as an Effective Date of 1996 Amend- ment note under section 1593 of Title 10, Armed Forces. § 834. ‘‘Classified information’’ defined For the purposes of this section, the term ‘‘classified information’’ means information which, for reasons of national security, is spe- cifically designated by a United States Govern- ment agency for limited or restricted dissemina- tion or distribution. (Sept. 23, 1950, ch. 1024, title III, § 304, as added Pub. L. 88–290, Mar. 26, 1964, 78 Stat. 170.)