Constitutional Oath Support Act

Summary

Constitutional Oath Support Act - Establishes procedures under the subversive Activities Control Act of 1950 to insure that the oath or affirmation to support the Constitution, required of Federal employees, is taken in good faith. States that only such persons are employed by the Government of the United States as are disposed to protect and defend the Constitution to the best of their ability against all enemies, foreign and domestic. Establishes a program in the executive branch of the Government to insure that no civilian employee shall be employed or retained employment by the Government if there is a reasonable doubt that such person will in good faith support the Constitution. Authorizes the President to institute measures and to prescribe regulations necessary to establish and maintain such program. Requires that appointments of civilian employees in the executive branch of the Government shall be subject to investigation by the Federal Bureau of Investigation, or by persons qualified for such duties by reason of study, training or experience with respect to concepts of ideological subversion, and the origin and history of communist and other subversive organizations, their indoctrination techniques and practices, their propaganda, agitation and conflict doctrines. Authorizes the President to consider relevant to determination of an individual's eligibility for Federal employment the holding of past or present membership in or association with organizations or groups which advocate or urge the necessity of unlawful use of force or violence. Requires all applicants for employment in the executive branch to complete a questionnaire to determine if the applicant is without mental reservations loyal to the Constitution, and an additional questionnaire with respect to past or present membership in or association with, specifically named organizations relevant to the applicant's age group. Establishes a Federal Employee Security and Appeals Commission, composed of five commissioners appointed by the President with the advice and consent of the Senate. Requires that the commissioners be knowledgeable by reason of study, training, or experience in concepts of ideological subversion, and on the origin and history of subversive organizations, their indoctrination techniques and practices, their propaganda, agitation and conflict doctrines. Requires that the commissioners engage in no other business, vocation, or employment. Authorizes the Commission to adopt rules and regulations necessary for the performance of its functions and duties. Authorizes the Commission to hold hearings, administer oaths and affirmations, examine witnesses and receive evidence at any place in the United States. Authorizes any member of the Commission or any designated examiner to sign and issue subpoenas requiring attendance of witnesses and production of documentary evidence at any designated place of hearings in the United States. Provides that any district court of the United States may issue orders requiring persons to appear and give evidence. Provides that failures to obey such orders may be punished by such courts as a contempt thereof. Defines as criminal any misbehavior by any person in the presence of the Commission, any member thereof, or any examiner designated thereby. Requires the U.S. attorney to bring before a grand jury all instances of such misbehavior and establishes the following penalties for such misbehavior fine of not less than $100 nor more than $5,000 and/or imprisonment for not more than one year. Provides for judicial review by the United States Court of Appeals for the District of Columbia by a party aggrieved by any order entered by the Commission, and allows review by the Supreme Court upon certiorari. Forbids any court to grant a stay of the operation or effect of the determination of the Commission from which appeal is taken or review sought. Provides for separability of provisions of this Act.

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1 official file

• Introduced in House

  summary · EN · 28 March 1973

  Open at official source

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