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Federal Civilian Loyalty

Program

Introduction

The concept that the Government should employ no disloyal citizen has been universally accepted, but the methods and standards used by the Government to rid itself of these persons have raised one of the most controversial issues of our times. The criticisms have been vehement, both that the Government has been too harsh and that it has been too lenient; that loyal citizens have been branded as traitors and that disloyal persons have been permitted to remain in strategic positions where they continue to undermine our form of government.

Congressional committees have conducted innumerable hearings and rendered voluminous reports stressing both sides of the question. Universities, individuals, patriotic and civic societies, bar associations, veterans organizations, and commissions have made intensive studies of the problem and released a mass of written findings based on their research. Some of these reports emphasized the damage that has been inflicted to our national security and others have portrayed the loss of our inherent civil liberties through these same loyalty-security programs of the Government.

During World War II, the standard and procedures of the Government were not uniform in the conduct of the loyalty program. President Truman, in 1946, appointed a temporary commission to make a study of the problem and, as a result of this commission's report, issued Executive Order 9835 (March 1947), which formalized the loyalty program for the entire executive branch of the Government, and provided uniform investigation, standards and procedures for the treatment of applicants and employees. The 81st Congress passed Public Law 733, which gave to certain agency heads the authority to summarily suspend employees and to terminate their employment in the interest of the national security. This law made permanent authority primarily granted by other acts and by riders attached to appropriation bills. Meanwhile, the criticism continued unabated, some in good faith, some inspired by the undercover propaganda of the Communist Party, and some motivated by political reasons.

President Eisenhower issued Executive Order 10450 on April 27, 1953. This order abolished the loyalty program of Executive Order 9835, placed all departments and agencies under the provisions of Public Law 733, and made each department and agency head responsible for seeing "that the employment and retention in employment of any civilian officer or employee within the department or agency is clearly consistent with the interests of

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