“ The 1950 Act itself reflects Congress' concern for the procedural rights of employees and its desire to limit the unreviewable dismissal power to the minimum scope necessary to the purpose of protecting activities affected with the 'national security.' A proviso to § 1 of the Act provides that a dismissal by one agency under the power granted by the Act 'shall not affect the right of such officer or employee to seek or accept employment in any other department or agency of the Government,' if the Civil Service Commission determines that the employee is eligible for such other employment. ”

“ Thus the requirement of a minimum investigation of all persons appointed implies that an adverse 'clearly consistent' determination may be made as to any such employee, regardless of the potential adverse effect he could cause to the national security. ”

“ In reaching this conclusion, we are not confronted with the problem of reviewing the Secretary's exercise of discretion, since the basis for our decision is simply that the standard prescribed by the Executive Order and applied by the Secretary is not in conformity with the Act. [20] Since petitioner's discharge was not authorized by the 1950 Act and hence violated the Veterans' Preference Act, the judgment of the Court of Appeals is reversed and the case is remanded to the District Court for further proceedings not inconsistent with this opinion. ”

“ On the other hand, it is difficult to justify summary suspensions and unreviewable dismissals on loyalty grounds of employees who are not in 'sensitive' positions and who are thus not situated where they could bring about any discernible adverse effects on the Nation's security. ”

“ Any deliberate misrepresentations, falsifications, or omissions of material facts.
' (iii) Any criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, habitual use of intoxicants to excess, drug addiction, or sexual perversion. ”