Executive Order 10450

Executive Orders

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Executive Order 10450--Security requirements for Government employment
Source: The provisions of Executive Order 10450 of Apr. 27, 1953, appear at 18 FR 2489, 3 CFR,
1949-1953 Comp., p. 936, unless otherwise noted.
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); the
Civil Service Act of 1883 (22 Stat. 403; 5 U.S.C. 632, et seq.); section 9A of the act of August 2, 1939,
53 Stat. 1148 (5 U.S.C. 118j); and the act of August 26, 1950, 64 Stat. 476 (5 U.S.C. 22-1, et seq.),
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.1
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 preappointment 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. 3 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]

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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 employee 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 or employee whenever he shall determine such termination necessary or advisable
in the interests of the national security, 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. 7 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]
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, 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 therefore, 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 an 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.

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(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 selfincrimination, 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. 8 amended by EO 10491 of Oct. 13, 1953, 18 FR 6583, 3 CFR, 1949-1953 Comp., p. 973; EO
10531 of May 27, 1954, 19 FR 3069, 3 CFR, 1954-1958 Comp., p. 193; EO 10548 of Aug. 2, 1954, 19
FR 4871, 3 CFR, 1954-1958 Comp., p. 200; EO 11785 of June 4, 1974, 39 FR 20053, 3 CFR, 19711975 Comp., p. 874; EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]
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 securityinvestigations 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. 9 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]
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.

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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. 11 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]
Sec. 12. Executive Order No. 9835 of March 21, 1947, as amended, is hereby revoked.
[Sec. 12 amended by EO 11785 of June 4, 1974, 39 FR 20053, 3 CFR, 1971-1975 Comp., p. 874]
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. 14 amended by EO 10550 of Aug. 5, 1954, 19 FR 4981, 3 CFR, 1954-1958 Comp., p. 200; EO
12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]
Sec. 15. This order shall become effective thirty days after the date hereof.
1

Editorial note: In Cole v. Young, 76 S.Ct. 861 (1955), section 1 of Executive Order 10450 was held
to be invalid if applied to every department and agency.

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