(c) Any person who willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify, or to produce any evidence in obedience to any subpena duly issued under authority of this section shall be fined not more than $500, or imprisoned for not more than six months, or both. Upon the certification, by the presiding member of such board or panel, of the facts concerning any such willful disobedience by any person to the United States Attorney for any judicial district in which such person resides or is found, such attorney shall proceed by information for the prosecution of such person for such offense.

SEC. 104. Veterans' Preference Act amendments.

(a) Section 14 of the Veterans' Preference Act of 1944 (5 U. S. C. 863) is amended to read as follows:

"SEC. 14. No employee of the Government of the District of Columbia shall be discharged, suspended for more than thirty days, furloughed without pay, reduced in rank or compensation, or debarred for future appointment except for such cause as will promote the efficiency of the service and for reasons given in writing, and the person whose discharge, suspension for more than thirty days, furlough without pay, or reduction in rank or compensation is sought shall have at least thirty-days' advance written notice (except where there is reasonable cause to believe the employee to be guilty of a crime for which a sentence of imprisonment can be imposed), stating any and all reasons, specifically and in detail, for any such proposed action; such employee shall be allowed a reasonable time for answering the same personally and in writing, and for furnishing affidavits in support of such answer, and shall have the right to appeal to the Civil Service Commission from an adverse decision of the administrative officer so acting, such appeal to be made in writing within a reasonable length of time after the date of receipt of notice of such adverse decision: Provided, That such employee shall have the right to make a personal appearance, and an appearance through a designated representative, in accordance with such reasonable rules and regulations as may be issued by the Civil Service Commission; after investigation and consideration of the evidence submitted, the Civil Service Commission shall submit its findings and recommendations to the proper administrative officer and shall send copies of same to the appellant or to his designated representative: Provided, further, That the Civil Service Commission may declare any such employee who may have been dismissed or furloughed without pay to be eligible for the provisions of section 15 hereof."

(b) Section 15 of that Act is amended by adding at the end thereof the following new sentence: "This section shall not apply to any preference eligible who has been furloughed or separated under chapter 4 of the Federal Security Act because of the existence of reasonable doubt as to his loyalty to the Government of the United States."

SEC. 105. Repeal.

The Act entitled "An Act to protect the national security of the United States by permitting the summary suspension of employment of civilian officers and employees of various departments and agencies of the Government, and for other purposes", approved August 26, 1950 (64 Stat. 476; 5 U. S. C. 22-1, 22-2, and 22-3), is repealed.

SEC. 106. Effective date.

Chapter 1 of this Act shall take effect on the date of its enactment. All other provisions of this Act shall take effect on the first day of the sixth month beginning after the date of its enactment.

To prescribe a standard of loyalty to the United States Government for military personnel, to prescribe procedure for the determination of the loyalty of such personnel, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) part II of subtitle A of title 10 of the United States Code is amended by inserting therein, immediately after chapter 35 thereof, the following new chapter:

"Sec.

"CHAPTER 36. LOYALTY OF PERSONNEL

"621. Standard of loyalty for service in the Armed Forces.

"622. Hearings: when required.

"623. Boards of inquiry: composition; powers.

"624. Proceedings of boards of inquiry: generally.

"625. Proceedings: right of confrontation.

"626. Proceedings: issuance of subpenas.

"627. Evidence: criteria for determination of reasonable doubt as to loyalty. "628. Review of board proceedings.

"629. Final determination: effect.

"630. Separation of personnel: conditions.

"631. Proceedings under the Uniform Code of Military Justice.

"632. Regulations promulgated by the Secretary of Defense and the Secretary

of the Treasury.

"§ 621. Standard of loyalty for service in the Armed Forces.

"(a) Except as provided by section 630 of this chapter, no individual shall be appointed, enlisted, inducted, retained, called to active duty, or recalled to active duty as a member of any armed force if, upon all information, there is reasonable doubt as to his loyalty to the Government of the United States.

“(b) As used in this chapter, the term 'member of an armed force' means (1) an officer or enlisted member of any armed force or any component thereof, (2) a cadet or midshipman at any academy administered by any armed force, and (3) a member of any unit of the Reserve Officers' Training Corps supervised by any armed force.

"8 622. Hearings: when required.

"(a) No member of an armed force may be separated from, or released from active duty, in that armed force, and no individual shall be denied appointment, enlistment, or induction in any armed force, on the ground that doubt may exist as to his loyalty to the United States Government, unless he has been accorded an opportunity for a hearing before a board of inquiry convened under section 623 of this chapter and (1) it has been determined pursuant to section 629 that there is reasonable doubt as to his loyalty, or (2) he has declined, or has failed within the time prescribed by subsection (b), to make application for such hearing.

"(b) Whenever it is believed that reasonable doubt may exist as to the loyalty to the United States Government of any member of any armed force, or any individual considered for appointment, enlistment, or induction in any armed force, there shall be transmitted to such individual a letter of charges

stating the ground for such belief and advising him of his right to receive a hearing under this chapter on the question whether there is reasonable doubt as to his loyalty. The letter of charges so given must be as specific and detailed as the interests of national security permit, and shall include such pertinent information as names, dates, and places in such detail as reasonably to permit answer to be made thereto. Such letter of charges must contain a full and complete statement of the rights and privileges of the individual concerned under this chapter. Within 30 days after receipt of such letter of charges, that individual

“(1) may file his sworn answer thereto, accompanied by any affidavits or other written statements he may desire to submit; and

66

'(2) upon the filing of such sworn answer, may apply for a hearing upon those charges before a board convened under section 623.

"(c) Upon receipt of any such application, there shall be convened under section 623 a board of inquiry to conduct a hearing as to the loyalty of the applicant. The letter of charges issued to him, his sworn answer thereto, and all affidavits and other written statements filed by him in support of his answer shall then be transmitted to that board.

"(d) Whenever any board of inquiry is so convened, the Secretary concerned shall designate, from military personnel of the armed force administered by his department, counsel to represent such armed force in proceedings before the board, and shall designate for service with the board such other personnel as may be required to carry into effect the provisions of this chapter.

"§ 623. Board of inquiry: composition; powers.

"(a) A board of inquiry convened within any armed force under this section shall be composed of three commissioned officers of that armed force, each of whom must be senior in grade to the individual whose loyalty is the subject of inquiry. One member of the board, who must be a commissioned officer of that armed force qualified to serve as a law officer pursuant to section 826 (a) of this title, shall serve as presiding officer of the board. No officer may serve as a member of any such board if he has previously (1) taken part in any investigation as to the loyalty of the individual whose loyalty is the subject of inquiry by the board, or (2) represented the armed force of which he is a member in any capacity in the presentation of evidence concerning the loyalty of that individual in any case or proceeding.

"(b) The presiding officer of a board of inquiry convened under this chapter, and any commissioned officer designated by him to take any deposition on oral examination or written interrogatory, shall have the power to administer oaths for the purpose of taking evidence in any proceeding before the board.

"(c) Subject to the provisions of section 626 of this chapter, the presiding officer of a board of inquiry so convened shall have the powers of a district court of the United States to issue process to compel witnesses to appear and testify before the board and to compel the production of other evidence. Any process so issued may run to any part of the United States or its Territories, Commonwealths, and possessions. Section 847 of this title shall apply to the disobedience, by any person not subject to the Uniform Code of Military Justice, of any process so issued.

"§ 624. Proceedings of boards of inquiry: generally.

“(a) Each individual whose loyalty is the subject of inquiry by any board convened under this chapter shall

"(1) be given written notice as to the time and place of hearing before the board;

"(2) be allowed a reasonable time to prepare for hearing before the board;

"(3) be allowed to appear at his own expense at proceedings before the board, except that the actual and necessary expenses of travel and subsistence incident to such appearance by any individual who has been denied induction or enlistment in an armed force because of doubt as to his loyalty shall be defrayed from funds appropriated to that armed force; "(4) be furnished counsel selected by the Secretary concerned from military personnel of the armed force in which the board is convened; "(5) be allowed to be represented before the board by counsel of his choice, at his own expense, if he so desires; and

"(6) be permitted to present evidence and rebuttal evidence on his behalf before the board.

"(b) The rules of evidence applied by courts need not be applied by any board of inquiry convened under this chapter in the case of any individual, but no evidence shall be received by the board unless such evidence is relevant to one or more of the allegations contained in the letter of charges furnished to such individual. The letter of charges issued by any armed force to any individual may be amended by such armed force, at any time before the conclusion of hearing thereon, to include additional or different charges. Whenever such an amendment occurs, the individual concerned shall have such additional time as the Secretary of Defense shall prescribe by regulations for the filing of his amended answer to such additional or different charges. "(c) Each witness appearing before any such board shall be examined under oath or affirmation. Subject to the provisions of sections 625 and 626 of this chapter, any party to any proceeding before the board may take under oath or affirmation and offer in evidence before the board (1) depositions on oral examination taken in conformity with the requirements of subsections (b), (c), and (d), of section 849 of this title, and written interrogatories taken in conformity with regulations promulgated under section 631 of this chapter.

"(d) In any hearing upon any question concerning the loyalty of any individual, he shall be permitted to offer evidence as to (1) his character and his reputation for veracity and integrity, and (2) his demonstrated appreciation of the need for the protection of the national security against foreign and domestic enemies.

"(e) Either party to any such hearing may offer in evidence the affidavit of any witness if further evidence can be obtained from that witness by or on behalf of the other party through the issuance of a subpena requiring the attendance of that witness at the hearing, or through the taking of his testimony by deposition or interrogatory.

"(f) Only members of a board of inquiry may be present during its deliberation upon any case. All other proceedings of the board shall be made a part of the record, but only members of the board, personnel assigned for official duty with or before the board, the individual whose loyalty is the subject of inquiry, his counsel, and witnesses before the board may be present at such proceedings.

"(g) Each board of inquiry shall cause to be prepared a verbatim stenographic transcript of all proceedings in each case considered by the board. At the conclusion of the proceedings in each case the record shall be authenticated by the signature of the presiding officer of the board, or, in the event of his death, disability, or absence, by another member of the board.

"(h) Upon the conclusion of proceedings in any case, the board shall prepare a written report thereon, which shall contain a summary of the evidence received, the findings of the board as to the facts with respect to each allegation made with respect to the loyalty of the individual who is the subject of

inquiry, and its conclusion on the question whether reasonable doubt exists as to the loyalty of that individual to the United States Government. If any member of the board does not concur in the conclusion stated by other members, he may prepare a separate report containing a statement of his reasons for nonconcurrence.

"(i) A true and correct copy of the record of the proceedings in the case of any individual, and a true and correct copy of each report prepared by the board or any member thereof in such case, shall be furnished to that individual without charge as soon as may be practicable after the completion of proceedings of the board in his case.

"8625. Proceedings: right of confrontation.

"(a) Except as otherwise specifically provided by this section, no derogatory information concerning the loyalty of any individual may be received in evidence by the board, over the objection of that individual, unless the supplier of such information is identified by name and—

"(1) gives oral testimony under oath or affirmation before the board, subject to cross-examination by or on behalf of the individual whose loyalty is the subject of inquiry; or

"(2) gives testimony under oath or affirmation by deposition or interrogatory in the taking of which opportunity has been accorded to that individual to propound cross-questions or cross-interrogatories relevant to all allegations made by the supplier of such information with respect to the loyalty of that individual; or

"(3) gives testimony by affidavit executed under oath, and is available for the giving of further testimony on application by the individual whose loyalty is the subject of inquiry through the issuance of a subpena or by deposition or interrogatory.

"(b) Confrontation of regularly established confidential informants engaged in obtaining intelligence and internal security information for the Government shall not be allowed where the head of the investigative agency determines that the disclosure of the identity of such informants will prej. udice the national security. In such cases the report supplied by the investigative agency shall contain as much of the information supplied by the informant as may be disclosed without revealing the identity of the informant or otherwise endangering the national security.

"(c) If confrontation is not permitted under subsection (b), the board shall furnish the individual involved with the substance of the information obtained from such informant to the extent that such information is material to the consideration of the issues involved and shall read into the record the substance of such information and the evaluation as to reliability placed upon such confidential informant in the investigative report.

"(d) If the individual who is the subject of inquiry questions the accuracy or completeness of the information furnished pursuant to subsection (c), that individual may file with the board a written statement setting forth in detail so much of the information which is challenged as to accuracy or completeness. If the board is of the opinion that the additional investigation as to the specific matter challenged is required in the interest of ascertaining the facts, it shall request the investigative agency to make such additional investigation. Information obtained as a result of the additional investigation shall be treated in the same manner as provided for in the original investigation.

"(e) Derogatory information supplied by confidential informants other than those described in subsection (b) shall not be considered, over the objection