Security Requirements for Government Employees

[Executive Orders]

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SECURITY REQUIREMENTS FOR GOVERNMENT EMPLOYEES

EO 10450

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EO 10450, Apr. 27, 1953, 18 F.R. 2489, as amended by
Ex. Ord. No. 10491, Oct. 15, 1953, 18 F.R. 6583; Ex. Ord. No.
10531, May 27, 1954, 19 F.R. 3069; Ex. Ord. No. 10548, Aug. 3,
1954, 19 F.R. 4871; Ex. Ord. No. 10550, Aug. 6, 1954, 19 F.R. 4981;
Ex. Ord. No. 11605, July 2, 1971, 36 F.R. 12831; Ex. Ord. No.
11785, June 4, 1974, 39 F.R. 20053; Ex. Ord. No. 12107, Dec. 28,
1978, 44 F.R. 1055, provided:

WHEREAS the interests of the national security require that all
persons privileged to be employed in the departments and agencies
of the Government shall be reliable, trustworthy, of good conduct
and character, and of complete and unswerving loyalty to the United
States; and

WHEREAS the American tradition that all persons should receive
fair, impartial, and equitable treatment at the hands of the
Government requires that all persons seeking the privilege of
employment or privileged to be employed in the departments and
agencies of the Government be adjudged by mutually consistent and
no less than minimum standards and procedures among the departments
and agencies governing the employment and retention in employment
of persons in the Federal service:

NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution and statutes of the United States, including section
1753 of the Revised Statutes of the United States (5 U.S.C. 631)
(sections 3301 and 7301 of this title); the Civil Service Act of
1883 (22 Stat. 403; 5 U.S.C. 632, et seq.) (section 1101 et seq. of
this title); section 9A of the act of August 2, 1939, 53 Stat. 1148
(5 U.S.C. 118j) (sections 3333 and 7311 of this title); and the act
of August 26, 1950, 64 Stat. 476 (5 U.S.C. 22-1, et seq.) (section
7501 et seq. of this title), and as President of the United States,
and deeming such action necessary in the best interests of the
national security it is hereby ordered as follows:

Section 1. In addition to the departments and agencies specified
in the said act of August 26, 1950, and Executive Order No. 10237
of April 26, 1951 the provisions of that act shall apply to all
other departments and agencies of the Government.

Sec. 2. The head of each department and agency of the Government
shall be responsible for establishing and maintaining within his
department or agency an effective program to insure 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 the national security.

Sec. 3. (a) The appointment of each civilian officer or employee
in any department or agency of the Government shall be made subject
to investigation. The scope of the investigation shall be
determined in the first instance according to the degree of 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, but in no event shall the investigation include less than
a national agency check (including a check of the fingerprint files
of the Federal Bureau of Investigation), and written inquiries to
appropriate local law enforcement agencies, former employers and
supervisors, references, and schools attended by the person under
investigation: Provided, that upon request of the head of the
department or agency concerned, the Office of Personnel Management
may, in its discretion, authorize such less investigation as may
meet the requirements of the national security with respect to
per-diem, intermittent, temporary, or seasonal employees, or aliens
employed outside the United States. Should there develop at any
stage of investigation information indicating that the employment
of any such person may not be clearly consistent with the interests
of the national security, there shall be conducted with respect to
such person a full field investigation, or such less investigation
as shall be sufficient to enable the head of the department or
agency concerned to determine whether retention of such person is
clearly consistent with the interests of the national security.

(b) The head of any department or agency shall designate, or
cause to be designated, any position within his department or
agency the occupant of which could bring about, by virtue of the
nature of the position, a material adverse effect on the national
security as a sensitive position. Any position so designated shall
be filled or occupied only by a person with respect to whom a full
field investigation has been conducted: Provided, that a person
occupying a sensitive position at the time it is designated as such
may continue to occupy such position pending the completion of a
full field investigation, subject to the other provisions of this
order: And provided further, that in case of emergency a sensitive
position may be filled for a limited period by a person with
respect to whom a full field pre-appointment investigation has not
been completed if the head of the department or agency concerned
finds that such action is necessary in the national interest, which
finding shall be made a part of the records of such department or
agency.

Sec. 4. The head of each department and agency shall review, or
cause to be reviewed, the cases of all civilian officers and
employees with respect to whom there has been conducted a full
field investigation under Executive Order No. 9835 of March 21,
1947, and, after such further investigation as may be appropriate,
shall re-adjudicate, or cause to be re-adjudicated, in accordance
with the said act of August 26, 1950, such of those cases as have
not been adjudicated under a security standard commensurate with
that established under this order.

Sec. 5. Whenever there is developed or received by any department
or agency information indicating that the retention in employment
of any officer or employee of the Government may not be clearly
consistent with the interests of the national security, such
information shall be forwarded to the head of the employing
department or agency or his representative, who, after such
investigation as may be appropriate, shall review, or cause to be
reviewed, and, where necessary, re-adjudicate, or cause to be
re-adjudicated, in accordance with the said act of August 26, 1950,
the case of such officer or employee.

Sec. 6. Should there develop at any stage of investigation
information indicating that the employment of any officer or
employees of the Government may not be clearly consistent with the
interests of the national security, the head of the department or
agency concerned or his representative shall immediately suspend
the employment of the person involved if he deems such suspension
necessary in the interests of the national security and, following
such investigation and review as he deems necessary the head of the
department or agency concerned shall terminate the employment of
such suspended officer in the interests of the national security,
or employee whenever he shall determine such termination necessary
or advisable in accordance with the said act of August 26, 1950.

Sec. 7. Any person whose employment is suspended or terminated
under the authority granted to heads of departments and agencies by
or in accordance with the said act of August 26, 1950, or pursuant
to the said Executive Order No. 9835 or any other security or
loyalty program relating to officers or employees of the
Government, shall not be reinstated or restored to duty or
reemployed in the same department or agency and shall not be
reemployed in any other department or agency, unless the head of
the department or agency concerned finds that such reinstatement,
restoration, or reemployment is clearly consistent with the
interests of the national security, which finding shall be made a
part of the records of such department or agency: Provided, that no
person whose employment has been terminated under such authority
thereafter may be employed by any other department or agency except
after a determination by the Office of Personnel Management that
such person is eligible for such employment.

Sec. 8. (a) The investigations conducted 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. 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.

(ii) Any deliberate misrepresentations, falsifications or
omissions of material facts.

(iii) Any criminal, infamous, dishonest, immoral, or notoriously
disgraceful conduct, habitual use of intoxicants to excess, drug
addiction or sexual perversion.

(iv) Any illness, including any mental condition, of a nature
which in the opinion of competent medical authority may cause
significant defect in the judgment or reliability of the employee,
with due regard to the transient or continuing effect of the
illness and the medical findings in such case.

(v) Any facts which furnish reason to believe that the individual
may be subjected to coercion, influence, or pressure which may
cause him to act contrary to the best interests of the national
security.

(2) Commission of any act of sabotage, espionage, treason, or
sedition, or attempts thereat or preparation therefor, or
conspiring with, or aiding or abetting another to commit or attempt
to commit any act of sabotage, espionage, treason, or sedition.

(3) Establishing or continuing a sympathetic association with a
saboteur, spy, traitor, seditionist, anarchist, or revolutionist,
or with any espionage or other secret agent or representative of a
foreign nation, or any representative of a foreign nation whose
interests may be inimical to the interests of the United States, or
with any person who advocates the use of force or violence to
overthrow the government of the United States or the alteration of
the form of government of the United States by unconstitutional
means.

(4) Advocacy of use of force or violence to overthrow the
government of the United States, or of the alteration of the form
of government of the United States by unconstitutional means.

(5) Knowing membership with the specific intent of furthering the
aims of, or adherence to and active participation in, any foreign
or domestic organization, association, movement, group, or
combination of persons (hereinafter referred to as organizations)
which unlawfully advocates or practices the commission of acts of
force or violence to prevent others from exercising their rights
under the Constitution or laws of the United States or of any
State, or which seeks to overthrow the Government of the United
States or any State or subdivision thereof by unlawful means.

(6) Intentional unauthorized disclosure to any person of security
information, or of other information disclosure of which is
prohibited by law, or willful violation or disregard of security
regulations.

(7) Performing or attempting to perform his duties, or otherwise
acting, so as to serve the interests of another government in
preference to the interests of the United States.

(8) Refusal by the individual, upon the ground of constitutional
privilege against self-incrimination, to testify before a
congressional committee regarding charges of his alleged disloyalty
or other misconduct.

(b) The investigation of persons entering or employed in the
competitive service shall primarily be the responsibility of the
Office of Personnel Management, except in cases in which the head
of a department or agency assumes that responsibility pursuant to
law or by agreement with the Office. The Office shall furnish a
full investigative report to the department or agency concerned.

(c) The investigation of persons (including consultants, however
employed), entering employment of, or employed by, the Government
other than in the competitive service shall primarily be the
responsibility of the employing department or agency. Departments
and agencies without investigative facilities may use the
investigative facilities of the Office of Personnel Management, and
other departments and agencies may use such facilities under
agreement with the Office.

(d) There shall be referred promptly to the Federal Bureau of
Investigation all investigations being conducted by any other
agencies which develop information indicating that an individual
may have been subjected to coercion, influence, or pressure to act
contrary to the interests of the national security, or information
relating to any of the matters described in subdivisions (2)
through (8) of subsection (a) of this section. In cases so
referred to it, the Federal Bureau of Investigation shall make a
full field investigation.

Sec. 9. (a) There shall be established and maintained in the
Office of Personnel Management a security-investigations index
covering all persons as to whom security investigations have been
conducted by any department or agency of the Government under this
order. The central index established and maintained by the Office
under Executive Order No. 9835 of March 21, 1947, shall be made a
part of the security-investigations index. The
security-investigations index shall contain the name of each person
investigated, adequate identifying information concerning each such
person, and a reference to each department and agency which has
conducted an investigation concerning the person involved or has
suspended or terminated the employment of such person under the
authority granted to heads of departments and agencies by or in
accordance with the said act of August 26, 1950.

(b) The heads of all departments and agencies shall furnish
promptly to the Office of Personnel Management information
appropriate for the establishment and maintenance of the
security-investigations index.

(c) The reports and other investigative material and information
developed by investigations conducted pursuant to any statute,
order, or program described in section 7 of this order shall remain
the property of the investigative agencies conducting the
investigations, but may, subject to considerations of the national
security, be retained by the department or agency concerned. Such
reports and other investigative material and information shall be
maintained in confidence, and no access shall be given thereto
except with the consent of the investigative agency concerned, to
other departments and agencies conducting security programs under
the authority granted by or in accordance with the said act of
August 26, 1950, as may be required for the efficient conduct of
Government business.

Sec. 10. Nothing in this order shall be construed as eliminating
or modifying in any way the requirement for any investigation or
any determination as to security which may be required by law.

Sec. 11. On and after the effective date of this order the
Loyalty Review Board established by Executive Order No. 9835 of
March 21, 1947, shall not accept agency findings for review, upon
appeal or otherwise. Appeals pending before the Loyalty Review
Board on such date shall be heard to final determination in
accordance with the provisions of the said Executive Order No.
9835, as amended. Agency determinations favorable to the officer
or employee concerned pending before the Loyalty Review Board on
such date shall be acted upon by such Board, and whenever the Board
is not in agreement with such favorable determination the case
shall be remanded to the department or agency concerned for
determination in accordance with the standards and procedures
established pursuant to this order. Cases pending before the
regional loyalty boards of the Office of Personnel Management on
which hearings have not been initiated on such date shall be
referred to the department or agency concerned. 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
pending in the Federal Bureau of Investigation or the Office of
Personnel Management on such date shall be completed, and the
reports thereon shall be made to the appropriate department or
agency.

Sec. 12. Executive Order No. 9835 of March 21, 1947, as amended,
is hereby revoked.

Sec. 13. The Attorney General is requested to render to the heads
of departments and agencies such advice as may be requisite to
enable them to establish and maintain an appropriate
employee-security program.

Sec. 14. (a) The Office of Personnel Management, with the
continuing advice and collaboration of representatives of such
departments and agencies as the National Security Council may
designate, shall make a continuing study of the manner in which
this order is being implemented by the departments and agencies of
the Government for the purpose of determining:

(1) Deficiencies in the department and agency security programs
established under this order which are inconsistent with the
interests of or directly or indirectly weaken, the national
security.

(2) Tendencies in such programs to deny to individual employees
fair, impartial and equitable treatment at the hands of the
Government, or rights under the Constitution and laws of the United
States or this order.

Information affecting any department or agency developed or
received during the course of such continuing study shall be
furnished immediately to the head of the department or agency
concerned. The Office of Personnel Management shall report to the
National Security Council, at least semiannually, on the results of
such study, shall recommend means to correct any such deficiencies
or tendencies, and shall inform the National Security Council
immediately of any deficiency which is deemed to be of major
importance.

(b) All departments and agencies of the Government are directed
to cooperate with the Office of Personnel Management to facilitate
the accomplishment of the responsibilities assigned to it by
subsection (a) of this section.

(c) To assist the Office of Personnel Management in discharging
its responsibilities under this order, the head of each department
and agency shall, as soon as possible and in no event later than
ninety days after receipt of the final investigative report on a
civilian officer or employee subject to a full field investigation
under the provisions of this order, advise the Office as to the
action taken with respect to such officer or employee. The
information furnished by the heads of departments and agencies
pursuant to this section shall be included in the reports which the
Office of Personnel Management is required to submit to the
National Security Council in accordance with subsection (a) of this
section. Such reports shall set forth any deficiencies on the part
of the heads of departments and agencies in taking timely action
under this order, and shall mention specifically any instances of
noncompliance with this subsection.

Sec. 15. This order shall become effective thirty days after the
date hereof.