Seeds of Repression: Harry S. Page one of Executive Order 9835, signed by Harry S. 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. For a table of Executive orders that are specific to federal agency rulemaking, see. 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.
The Executive Agents shall maintain discretion to determine the scope of information needed for record keeping and reciprocity purposes. Despite the widespread publicity, the and other agencies refused to release more than small amounts of information on other aspects of the list besides its contents. Amendments to the Civil Service Rules. The Attorney General's list was adopted by state and local governments, the military, defense contractors, hotels, the determinations and the and determinations. Such information shall relate, but shall not be limited, to the following: 1 Depending on the relation of the Government employment to the national security: i Any behavior, activities, or associations which tend to show that the individual is not reliable or trustworthy. Investigative agencies shall not use this discretion to decline to reveal sources of information where such action is not essential.
In 1955, the Supreme Court held in Peters v. 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. Recipient departments and agencies shall not make any external releases of received information, other than to an investigative subject for the purpose of providing procedural rights or administrative due process; and shall direct any other requests for external releases of copies of the reports, information, and other investigative materials to the investigative agency. The Chair shall have authority to designate officials from additional agencies who shall serve as members of the Council. A loyalty board's decision was not subject to appeal. Cases pending before the regional loyalty boards of the Civil Service Commission on which hearings have not been initiated on such date shall be referred to the department or agency concerned.
An individual who has been determined to be eligible for or who currently has access to classified information shall be subject to continuous evaluation as further defined by and under standards including, but not limited to, the frequency of such evaluation as determined by the Director of National Intelligence. The case had little impact, since by then the Loyalty Review Board was only defending old cases and had been dismantled by a 1953 Executive Order. The loyalty Review Board shall disseminate such information to all departments and agencies. Devitt Vanech, who was close to at the time. In cases so referred to it, the Federal Bureau of Investigation shall make a full field investigation. The election of 1946 produced a huge Republican victory inb which they gained control of both houses of Congress for the first time since 1932.
Cases being heard by regional loyalty boards on such date shall be heard to conclusion, and the determination of the board shall be forwarded to the head of the department or agency concerned: Provided, that if no specific department or agency is involved, the case shall be dismissed without prejudice to the applicant. 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. Because each style has its own formatting nuances that evolve over time and not all information is available for every reference entry or article, Encyclopedia. Devitt Vanech, who was close to at the time. Winkler, Charlene Mires, and Carla Gardina Pestana. Matters changed dramatically in 1949-1950.
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. It was mostly the result of increasing and political maneuvering by the president and Congress. Amendment to of January 16, 2009. New York: Marcel Dekker Inc. Richardson in 1950, and a tie in the allowed that ruling to stand. Subject to Security Executive Agent authorizations consistent with section 3341 e 5 of title 50, United States Code, the investigative agencies shall make reports, information, and other investigative material available, as necessary, to carry out the responsibilities set forth in this order, including but not limited to, authorized executive branch-sponsored research and initiatives for enterprise-wide continuous performance improvement of vetting policy and procedures, as permitted by law. As approached in late 1946, many groups attempted to ignite a new.
Establishment, Designation, and Functions of Executive Agents. Further, suitability, fitness, credentialing, and national security eligibility regulations, standards and guidance issued by, or interagency agreements entered into by, the Council, the Executive Agents, or any agency pursuant to Executive Order 10450 of April 27, 1953, as amended, shall remain valid until superseded. Whenever derogatory information with respect to loyalty of an applicant is revealed full field investigation shall be conducted. The list was massively publicized in the federal government's effort against Communist infiltration. Council membership shall be limited to Federal Government employees in leadership positions. The Loyalty Order was part of the prelude to the rise of , Republican of. Federal investigative standards established pursuant to this order shall be designed to develop information as to whether the employment or retention in employment in the Federal service of the person being investigated is clearly consistent with the interests of the national security, and the scope of the investigation shall be determined in the first instance according to the degree of material adverse effect the occupant of the position sought to be filled could bring about, by virtue of the nature of the position, on the national security.
Except as otherwise authorized by law or policy issued by the applicable Executive Agent, agencies shall accept background investigations and adjudications conducted by other authorized agencies unless an agency determines that a particular background investigation or adjudication does not sufficiently address the standards used by that agency in determining the fitness of its excepted service employees who cannot be noncompetitively converted to the competitive service. Those boards conducted their own investigations and were authorized to use the testimony of confidential witnesses whom the subject of the investigation was unable to confront. Departments and agencies without investigative facilities may use the investigative facilities of the Civil Service Commission, and other departments and agencies may use such facilities under agreement with the Commission. View by Month and Year Select the month and year you would like information about and press View Executive Orders. The Executive Agents shall determine the appropriate timeline pursuant to which this information must be reported to the Office of Personnel Management. Executive Order 9980 authorized the establishment of review boards within federal executive departments and agencies to which employees claiming racially discriminatory treatment could appeal.