Memorandum from L. A. Moyer to Members of the Civil Service Commission

STANDARD FORM NO. 64 R Office Memorandum Filed by UNITED STATES GOVERNMENT 252-K MAY 31 1952 TO : The Commission DATE: 2-2-49 CX: LAM: mcm FROM : L. A. Moyer Executive Director and Chief Examiner X 2 SUBJECT: Statement for discussion purposes of problems encountered in operating the loyalty program. # Perkins 1. Should the standard for eligibility or ineligibility as set forth in Executive Order 9835 be amended? against Executive Order 9835 provides that "The standard for the refusal H ml of employment or the removal from employment in an executive depart- ment or agency on grounds relating to loyalty shall be that, on all for the evidence, reasonable grounds exist for belief that the person involved is disloyal to the Government of the United States." Jm x The Loyalty Review Board has interpreted this standard as mean- ing that reasonable grounds must exist for belief that the person involved is at present disloyal to the Government of the United States. The Board has, therefore, recommended that the Order be amended to provide that a different standard be applied to applicants. The reasons for the Board's recommendation are that applicants who are potentially disloyal (or who are bad security risks) may, INOW be found eligible insofar as loyalty is concerned. 21 The Loyalty Review Board further contends that the standard contained in the Order specifically applies to both incumbents and applicants. There seems to be a consensus of opinion that applicants should not be rated eligible for appointment if there is a reasonable doubt as to their loyalty to the Government of the United States. The question to be decided is whether an amendment to the Order is nec- essary to accomplish this purpose and, if so, whether one standard should be applied to incumbents and another standard to applicants. Mr. Richardson has tentatively recommended the double standard. I suggest that consideration be given to applying the reasonable doubt standard to incumbents as well as to applicants. This is a fair standard and would eliminate some of the administrative diffi- culties in applying a double standard. A single standard would also create less serious public relations problems that would be en- countered in explaining why one standard was applied to applicants and another standard to incumbents. RECORDS SERVICE 252 GOVERNMENT Copy not filed 6/3/52.