Executive Order 9300—Establishing the Interdepartmental Committee to Consider Cases of Subversive Activity on the Part of Federal Employees

By virtue of the authority vested in me by section 1753 of the Revised Statutes of the United States, Title I of the First War Powers Act, 1941 (Public Law 354, 77th Congress), and as President of the United States, it is hereby ordered as follows:

1. There is hereby established, within the Department of justice, an Interdepartmental Committee whose composition, powers, functions, and responsibilities are defined herein.

2. The Committee shall consist of five members appointed by the President from among the officers or employees of the departments, independent establishments, and agencies of the Federal Government. The Committee shall choose its own officers.

3. The Committee shall serve as an advisory and coordinating agency in all matters pertaining to the investigation and disposition of complaints of subversive activity on the part of employees of the executive branch of the Federal Government excepting those who are on conditional appointment subject to the results of an investigation which is still pending, and shall initiate such measures as are best suited in its judgment to assure fair and prompt disposition of complaints and to protect the interests of the Government of the United States: Provided, however, that the Committee shall take no action concerning employees of the Department of the Navy or the Department of War except upon request from the Secretary of the Navy or the Secretary of War, respectively.

4. The departments, independent establishments, and agencies of the Federal Government shall refer all complaints within the purview of paragraph 3 of this Order, hereinafter referred to as complaints, together with all available information pertaining thereto, to the Federal Bureau of Investigation in the Department of Justice, for information or investigation.

5. The Committee shall consider general classes of complaints, or particular complaints, upon request of the Department of Justice, and shall recommend to the Department appropriate policies to govern the investigation of such complaints.

6. The Committee shall receive all completed investigative reports made by the Federal Bureau of Investigation, Department of Justice, on complaints and shall advise the departments, independent establishments, and agencies concerning the procedures for determining action thereon.

7. The departments, independent establishments, and agencies of the executive branch of the Government are directed to report to the Committee, within a reasonable period of time, the procedures followed and action taken on all cases referred by the Committee. The Committee in turn shall report forthwith to the Federal Bureau of Investigation the action taken by the employing department, independent establishment, or agency.

8. Upon request from an employing department, independent establishment, or agency, the Committee may review the record in any case within the purview of paragraph 3 of this Order and return an advisory opinion concerning the disposition of the case.

9. Whenever the requirements of internal security appear to the Committee to have been insufficiently considered in connection with the disposition of an investigative report, the Committee may review the case upon its own motion and transmit its recommendation to the employing department, independent establishment, or agency.

10. In time of war or other national emergency, upon a finding that internal security will be endangered by recourse to the procedures authorized elsewhere in this Order, the Committee may recommend to the President such special action in exceptional cases as internal security may require.

11. Nothing contained in this Order shall be construed to limit the authority of any department, independent establishment, or agency to suspend any employee as provided by law, to bar an immediate arrest and the transfer to court jurisdiction of any case in which the Department of Justice finds that such action is warranted, or to restrict the powers and responsibilities of the Civil Service Commission in connection with its review of disciplinary or administrative action against an employee.

12. The Department of Justice is hereby directed to furnish such clerical, stenographic, and other assistance and supplies as may be necessary to the operation of the Committee. Members of the Committee shall serve without compensation in such capacity.

FRANKLIN D ROOSEVELT

The White House,
February 5, 1943.