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EXECUTIVE ORDER 9835

Prescribing Procedures for the Administration of an Employees Loyalty Program in the Executive Branch of the Government
 

March 21, 1947

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WHEREAS each employee of the Government of the United States is endowed with a measure of trusteeship over the democratic processes which are the heart and sinew of the United States; and

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WHEREAS it is of vital importance that persons employed in the Federal service be of complete and unswerving loyalty to the United States; and

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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

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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:

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NOW, Therefore, by virtue of the authority vested in me by the Constitution and statutes 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 United States, it is hereby, in the interest of the internal management of the Government, ordered as follows:

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PART I - INVESTIGATION OF APPLICANTS

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...

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An investigation shall be made of all applicants at all available pertinent sources of information and shall include reference to:

  • Federal Bureau of Investigation files.

  • Civil Service Commission files.

  • Military and naval intelligence files.

  • The files of any other appropriate government investigative or intelligence agency.

  • House Committee on un-American Activities files.

  • Local law-enforcement files at the place of residence and employment of the applicant, including municipal, county, and State law-enforcement files.

  • Schools and colleges attended by applicant.

  • Former employers of applicant.

  • References given by applicant.

  • Any other appropriate source.

 

Whenever derogatory information with respect to loyalty of an applicant is revealed a full 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.

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PART II - INVESTIGATION OF EMPLOYEES

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....

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PART V - STANDARDS

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 exist for belief that the person involved is disloyal to the Government of the United States.

Activities and associations of an applicant or employee which may be considered in connection with the determination of disloyalty may include one or more of the following:

  • Sabotage, espionage, or attempts or preparations therefor, or knowingly associating with spies or saboteurs;

  • Treason or sedition or advocacy thereof;

  • Advocacy of revolution or force or violence to alter the constitutional form of government of the United States;

  • Intentional, unauthorized disclosure to any person, under circumstances which may indicate disloyalty to the United States, of 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;

  • 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.

  • 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 other 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....

 

This order shall be effective immediately, but compliance with such of its provisions as require the expenditure of funds shall be deferred pending the appropriation of such funds.

Executive Order No. 9300 of February 5, 1943, is hereby revoked.

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Harry S. Truman


The White House,


March 21, 1947

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