|EXECUTIVE ORDER 9835|
PRESCRIBING PROCEDURES FOR THE ADMINISTRATION OF AN EMPLOYEES LOYALTY PROGRAM IN THE EXECUTIVE BRANCH OF THE GOVERNMENT|
WHEREAS each employee of the Government of the United States is endowed with a measure of trusteeship over the democratic processes which are at the heart and sinew of the United States; and
WHEREAS it is of vital importance that persons employed in the Federal service be of complete and unswerving loyalty to the United States; and
WHEREAS, although the loyalty of by far the overwhelming majority of all Government employees is beyond question, the presence within the Government service of any disloyal or subversive person constitutes a threat to our democratic processes; and
WHEREAS maximum protection must be afforded the United States against infiltration of disloyal persons into the ranks of its employees, and equal protection from unfounded accusations of disloyalty must be afforded the loyal employees of the Government:
NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statues of the United States, including the Civil Service Act of 1883 (22 Stat. 403), as amended, and section 9A of the act approved August 2, 1939 (18 U. S. C. 61i), and as President and Chief Executive of the Untied States, it is hereby, in the interest of the internal management of the Government, ordered as follows:
Part I - INVESTIGATION OF APPLICANTS
1. There shall be a loyalty investigation of every person entering the civilian employment of any department or agency of the executive branch of the Federal Government.
a. Investigations of persons entering the competitive service shall be conducted by the Civil Service Commission, except in such cases as are covered by a special agreement between the Commission and any given department or agency.
b. Investigations of persons other than those entering the competitive service shall be conducted by the employing department or agency. Departments and agencies without investigative organizations shall utilize the investigative facilities of the Civil Service Commission.
2. The investigations of person entering the employ of the executive branch may be conducted after any such person enters upon actual employment therein, but in any such case the appointment of such person shall be conditioned upon a favorable determination with respect to his loyalty.
a. Investigations of persons entering the competitive service shall be conducted as expeditiously as possible; provided, however, that if any such investigation is not completed within 18 months from the date on which a persons enters actual employment, the condition that his employment is subject to investigation shall expire, except in a case in which the Civil Service Commission has made an initial adjudication of disloyalty and the case continues to be active by reason of an appeal, and it shall then be the responsibility of the employing department or agency to conclude such investigation and make a final determination concerning the loyalty of such person.
3. An investigation shall be made of all applicants at all available pertinent sources of information and shall include reference to:
a. Federal Bureau of Investigation files.
b. Civil Service Commission files.
c. Military and naval intelligence files.
d. The files of any other appropriate government investigative or intelligence agency.
e. House Committee on un-American Activities files.
f. Local law-enforcement files at the place of residence and employment of the applicant, including municipal, county and state law-enforcement files.
g. Schools and colleges attended by applicant.
h. Former employers of applicant.
i. References given by applicant.
j. Any other appropriate source.
4. Whenever derogatory information with respect to loyalty of an applicant is revealed full field investigation shall be conducted. A full field investigation shall also be conducted of those applicants, or of applicants for particular positions, as may be designated by the head of the employing department or agency, such designations to be based on the determination by any such head of the best interests of national security.
PART II - INVESTIGATION OF EMPLOYEES
1. The head of each department and agency in the executive branch of the Government shall be personally responsible for an effective program to assure that disloyal civilian officers or employees are not retained in employment in his department or agency.
a. He shall be responsible for prescribing and supervising the loyalty determination procedures of his department or agency, in accordance with the provisions of this order, which shall be considered as providing minimum requirements.
b. The head of a department or agency which does not have an investigative organization shall utilize the investigative facilities of the Civil Service Commission.
2. The head of each department or agency shall appoint one or more loyalty boards, each composed of not less than three representatives of the department or agency concerned, for the purpose of hearing loyalty cases arising within such department or agency and making recommendations with respect to the removal of any officer or employee of such department or agency on grounds relating to loyalty, and he shall prescribe regulations for the conduct of the proceedings before such boards.
a. An officer or employee who is charged with being disloyal shall have a right to an administrative haring before a loyalty board in the employing department or agency. He may appear before such board personally, accompanied by counsel or representative of his own choosing, and present evidence on his own behalf, through witnesses or by affidavit.
b. The officer or employee shall b served with a written notice of such hearing in sufficient time, and shall be informed therein of the nature of the charges against him in sufficient detail, so that he will be enabled to prepared his defense. The charges shall be stated as specifically and completely as, in the discretion of the employing department or agency, security considerations permit, and for the officer or employee shall be informed in the notice (1) of his right to reply to such charged in writing within a specified reasonable period of time, (2) of his right to an administrative hearing on such charges before a loyalty board, and (3) of his right to appear before such board personally, to be accompanied by counsel or representative of his own choosing, and to present evidence on his behalf, through witnesses or by affidavit.
3. A recommendation of removal by a loyalty board shall be subject to appeal by the officer or employee affected, prior to his removal, to the head of the employing department or agency or to such person or persons as may be designated by such head, under such regulations as may be prescribed by him, and the decision of the department or agency concerned shall be subject to appeal to the Civil Service Commission's Loyalty Review Board, hereinafter provided for, for an advisory recommendation.
4. The rights of hearing, notice thereof, and appeal therefrom shall be accorded to every officer or employee prior to his removal on grounds of disloyalty, irrespective of tenure, or of manner, method, or nature of appointment, but the head of the employing department or agency may suspend any officer or employee at any time pending a determination with respect to loyalty.
5. The loyalty boards of the various departments and agencies shall furnish to the Loyalty Review Board, hereinafter provided for, such reports as may be requested concerning the operation of the loyalty program in any such department or agency.
PARTY III - RESPONSIBILITIES OF CIVIL SERVICE COMMISSION
1. There shall be established in the Civil Service Commission a Loyalty Review Board of not less than three impartial persons, the members of which shall be officers or employees of the Commission.
a. The Board shall have authority to review cases involving persons recommended for dismissal on grounds relating to loyalty by the loyalty board of any department or agency and to make advisory recommendations thereon to the head of the employing department or agency. Such cases may be referred to the Board either by the employing department or agency, or by the officer or employee concerned.
b. The Board shall make rules and regulations, not inconsistent with the provisions of this order, deemed necessary to implement statues and Executive orders relating to employee loyalty.
c. The Loyalty Review Board shall also:
(1) Advise all departments and agencies on all problems relating to employee loyalty.
(2) Disseminate information pertinent to employee loyalty programs.
(3) Coordinate the employee loyalty policies and procedures of the several departments and agencies.
(4) Make reports and submit recommendations to the Civil Service Commission for transmission to the President from time to time as may be necessary to the maintenance of the employee loyalty program.
2. There shall also be established and maintained in the Civil Service Commission and central master index covering all persons on whom loyalty investigations have been may by any department or agency since September 1, 1939. Such master index shall contain the name of each person investigated, adequate identifying information concerning each such person, and a reference to each department and agency which has conducted a loyalty investigation concerning the person involved.
a. All executive departments and agencies are directed to furnish to the Civil Service Commission all information appropriate for the establishment and maintenance of the central master index.
b. The reports and other investigative material and information developed by the investigating department or agency shall be retained by such department or agency in each case.
3. The Loyalty Review Board shall currently be furnished by the Department of Justice the name of each foreign or domestic organization, association, movement, group or combination of persons which the Attorney General, after appropriate investigation and determination, designates as totalitarian, fascist, communist or subversive, or as having adopted a policy of advocating or approving the commission of acts of force or violence to deny others their rights under the Constitution of the United States, or as seeking to alter the form of government of the United States by unconstitutional means.
a. The loyalty Review Board shall disseminate such information to all departments and agencies.
PART IV - SECURITY MEASURES IN INVESTIGATIONS
1. At the request of the head of any department or agency of the executive branch an investigative agency shall make available to such head, personally, all investigative material and information collected by the investigative agency concerning any employee of the requesting department or agency, or shall make such material and information available to any officer or officers designated by such head and approved by the investigative agency.
2. Notwithstanding the foregoing requirement, however, the investigative agency may refuse to disclose the names of confidential informants, provided it furnishes sufficient information about such informants on the basis of which the requesting department or agency can make an adequate evaluation of the information furnished by them, and provided it advises the requesting department or agency in writing that it is essential to the protection of the informants or to the investigation of other cases that the identity of the informants not be revealed. Investigative agencies shall not use this discretion to decline to reveal sources of information where such action is not essential.
3. Each department or agency of the executive branch should develop and maintain, for the collection and analysis of information relating to the loyalty of its employees and prospective employees, a staff specifically trained in security techniques, and an effective security control system for protecting such information generally and for protecting confidential sources of such information particularly.
PART V - STANDARDS
1. The standard for the refusal of employment or the removal from employment in an executive department or agency on grounds relating to loyalty shall be that, on all the evidence, reasonable grounds exists for belief that the person involved is disloyal to the Government of the United States.
2. Activities and associations of an applicant or employees which may be considered in connection with the determination of disloyalty may include one or more of the follow:
a. Sabotage, espionage, or attempts or preparations therefore, or knowingly associations with spies or saboteurs;
b. Treason or sedition or advocacy thereof;
c. Advocacy of revolution or force or violence to alter the constitutional form of government of the United States;
d. Intentional, unauthorized disclosure to any person, under circumstances which may indicate disloyalty to the Untied States, or documents or information of a confidential or non-public character obtained by the person making the disclosure as a result of his employment by the Government of the United States.
e. Performing or attempting to perform his duties, or otherwise acting, so as to serve the interests of another government in preference to the interests of the United States.
f. Membership in, affiliation with or sympathetic association with any foreign or domestic organization, association, movement, group or combination of persons, designated by the Attorney General as totalitarian, fascist, communist, or subversive, or as having adopted a policy of advocating or approving the commission of acts of force or violence to deny persons their rights under the Constitution of the United States, or as seeking to alter the form of government of the United States by unconstitutional means.
PART VI - MISCELLANEOUS
1. Each department and agency of the executive branch, to the extent that it has not already done so, shall submit, to the Federal Bureau of Investigation of the Department of Justice, either directly or through the Civil Service Commission, the names (and such other necessary identifying material as the Federal Bureau of Investigation may require) of all of its incumbent employees.
a. The Federal Bureau of Investigation shall check such names against its records of persons concerning whom there is substantial evidence of being within the purview of paragraph 2 of Part V hereof, and shall notify each department and agency of such information.
b. Upon receipt of the above-mentioned information from the Federal Bureau of Investigation, each department and agency shall make, or cause to be made by the Civil Service Commission, such investigation of those employees as the head of the department or agency shall deem advisable.
2. The Security Advisory Board of the State-War-Navy Coordinating Committee shall draft rules applicable to the handling and transmission of confidential documents and other documents and information which should not be publicly disclosed, and upon approval by the President such rules shall constitute the minimum standards for the handling and transmission of such documents and information, and shall be applicable to all departments and agencies of the executive branch.
3. The provisions of this order shall not be applicable to persons summarily removed under the provisions of section 3 of the act of December 17, 1942, 53 Stat. 1043, of the act of July 5, 1946, 60 Stat. 453, or of any other statute conferring the power of summary removal.
4. The Secretary of War and the Secretary of the Navy, and the Secretary of the Treasury with respect to the Coast Guard, are hereby directed to continue to enforce and maintain the highest standards of loyalty within the armed services, pursuant to the applicable statues, the Articles of War, and the Articles of the Government of the Navy.
5. This order shall be effective immediately, but compliance with such of its provisions as require expenditure of funds shall be deferred pending the appropriation of such funds.
6. Executive Order No. 9300 of February a5, 1943,1 is hereby revoked.
HARRY S. TRUMAN
THE WHITE HOUSE,
March 21, 1947
13 CFR Cum. Supp.