Office of the Historian

Consular Affairs files, lot 53 D 233, “Loyalty Security Board”

Memorandum by John W. Sipes of the Office of Personnel, Bureau of Administration to the Deputy Under Secretary of State for Administration (Humelsine)1

confidential
[Washington,] June 26, 1951.
  • Subject:
  • Loyalty Security Appeals Board—Establishment of.

Discussion:

In the past there has existed a problem of delay and clearance in the appointment of the Secretary’s designee to hear an employee’s appeal of an adverse loyalty or security determination by the Loyalty Security Board.

In addition, the procedure of ad hoc appointment of designees has involved time consuming and repetitious briefing of hearing officers. On the record, such procedure may have been justified because of the limited number of appeals. However, there are now four appeals imminent and with the present agenda of hearing cases additional appeals may be expected.

In the interest of operating efficiency, I believe the present case-by-case handling of appeals should be replaced by a permanent Appeals Board, appointed by the Secretary of State. Such an Appeals Board could be created by Departmental Announcement without conflicting in any way with the recently issued Regulations and Procedures. The Appeals Board would act as the continuing “designee” of the Secretary of State. I believe that three to five members should be appointed to such a Board. It should be provided that any one member could act for the Board in hearing an appeal. The [Page 1407] rank of Board Member should be at least comparable to that of a Deputy Assistant Secretary. There should be a proper division between Foreign Service Officers and Departmental Officers.

In my opinion, the creation of an Appeals Board would provide a source of immediately available officers, properly designated, to hear appeals for the Secretary, as well as an accumulation of “know how” on the procedural side. The Legal Officer of the Loyalty Security Board could service the Appeals Board in the same manner as he now handles the processing of an appeal by an individual designee, and I believe it would work quicker and better.

Recommendation:

(1)
That a Loyalty Security Appeals Board be established by Departmental Announcement, within the framework of existing loyalty security regulations; and
(2)
That three to five members be appointed to this Board by the Secretary of State.

[Attachment]

Draft Departmental Announcement Prepared by John W. Sipes of the Office of Personnel, Bureau of Administration

[Washington,] June 26, 1951.

There is hereby established a Loyalty Security Appeals Board. The Board will hear and consider appeals to the Secretary of State in all loyalty and security cases involving officers and employees of the Department of State and the Foreign Service of the United States, in accordance with the provisions of Subchapter 390, Volume 1, Manual of Regulations and Procedures, and make recommendations thereon to the Secretary of State.

The Loyalty Security Appeals Board will be composed of members appointed by the Secretary of State. Any one member may act for the Board in the hearing and/or consideration of an appeal.2

  1. Sipes was Legal Officer of the Loyalty Security Board.↩
  2. No action was taken on this matter for a year. However, in June 1952, the Secretary of State directed that such an Appeals Board be established; see the editorial note, p. 1416.↩