Public Law 87–797

in the

U. S. Park Police.

Disciplinary action.

making and enforcement of rules and regulations for the government, conduct, and discipline of the United States Park Police, the Secretary of the Interior may provide, in addition to any other penalties authorized by law, for fines of not to exceed $100 and for suspensions without pay for not more than seven days for any violation of such rules and regulations.

Disciplinary action involving a suspension without pay for three days or less may, after due notice to the accused, be taken pursuant to a summary proceeding by the Chief of the United States Park Police. Any person subject to such a proceeding shall be entitled to a trial board proceeding upon his request made at any time prior to the imposition of summary penalties but not thereafter.

Disciplinary action against any member of the United States Park Police involving a fine or a suspension without pay for more than three days shall be taken only after a proceeding before a trial board and on the basis of written charges referred to the trial board by the Chief of the United States Park Police. Timely service of a copy of such charges shall be made upon the accused. Any such charges referred to a trial board may be altered or amended in the discretion of the trial board under such regulations as the Secretary may adopt. The accused shall be entitled to an opportunity to be heard before the trial board on any charge referred to it and on any altered or amended charge.

Any member of the United States Park Police accused of

Counsel for accused.

violating the rules and regulations for the proper government, conduct, and discipline of the United States Park Police shall be entitled to representation by counsel of his choice.

The Secretary of the Interior is authorized to create

Trial boards, creation.

one or more trial boards for the trial of members of the United States Park Police who are charged with any violation of the rules and regulations for the proper government, conduct, and discipline of the United States Park Police; to prescribe the rules of procedure before such trial boards; and to change or abolish any trial board: Provided, however, That no changes in the rules of procedure shall be effective, and no trial boards shall be abolished or changed, with respect to charges upon which a hearing has already commenced. Each trial board shall consist of three persons designated by the Secretary. One and only one member of each such board shall be a member of the United States Park Police; he shall, except in the case of a trial of an officer with the rank of inspector, have a rank no lower than that of the accused. The other two members shall be employed in the Department of the Interior and hold a grade at least equivalent to that of the accused. The Secretary shall designate the chairman of each trial board.

The findings and sentence of a trial board with respect to fines

Appeals.

and suspensions within the limits authorized by this Act shall be final and conclusive unless notice of an appeal therefrom in writing is given within ten days to the Secretary of the Interior. If such notice is given, the accused may present his appeal to the Secretary in writing. The Secretary may grant or request an oral presentation of such appeal. The Secretary is authorized, but is not required, in his review of the evidence and findings of a trial board to receive new evidence, either oral, written, or documentary: Provided, That if any new evidence is received, the accused shall be accorded the right of such submission, and he is authorized to confirm or modify the findings and sentence of a trial board, to dismiss the charges, or to remand the case to the trial board for such further proceedings as he may deem necessary, but no such modification shall increase the severity of the sentence of the trial board. Notwithstanding the provisions of this or any other law, the decision of the Secretary on appeal with respect to fines and suspensions within the limits authorized by this Act shall be final and conclusive. Any other decision of the Secretary shall be subject to such appeal, if any, as may otherwise be authorized by law.

The Chairman of any trial board appointed pursuant to this Act is authorized to administer oaths and to take affirmations of witnesses before such board.

Any trial board appointed pursuant to this Act shall, in any proceeding before it, have the power to issue subpenas in the name of the chief judge of the United States District Court for the District of Columbia to compel witnesses to appear and testify and to produce all relevant books, records, papers, or documents. Witnesses other than those employed by the United States Department of the Interior who are subpenaed to appear before a trial board shall be entitled to the same fees that are paid to witnesses for attendance before the United States District Court for the District of Columbia, but such fees need not be tendered to the witnesses in advance of their appearing and testifying or producing books, records, papers, or documents.

Any willful false swearing on the part of any witness before a trial board provided for herein as to any material fact shall be deemed to be perjury and shall be punished in the manner prescribed by law for such offense.

If any witness who has been personally summoned shall neglect or refuse to obey a subpena issued pursuant to this Act, the chairman of the trial board may report that fact to the United States District Court for the District of Columbia or to one of the judges thereof and said court, or any judge thereof, is authorized to compel obedience to the subpena to the same extent that witness may be compelled to obey the subpenas of that court.