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Executive Orders
Executive Order 10450Security requirements for Government employment
Source: The provisions of Executive Order 10450 of Apr. 27, 1953, appear at 18
FR 2489, 3 CFR, 19491953 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. 221, 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.
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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 lawenforcement 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 perdiem, 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. 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 readjudicate, or cause to be readjudicated, 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 readjudicated, 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
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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
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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 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.
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[Sec. 8 amended by EO 10491 of Oct. 13, 1953, 18 FR 6583, 3 CFR, 19491953
Comp., p. 973; EO 10531 of May 27, 1954, 19 FR 3069, 3 CFR, 19541958
Comp., p. 193; EO 10548 of Aug. 2, 1954, 19 FR 4871, 3 CFR, 19541958
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 securityinvestigations 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 securityinvestigations index. The securityinvestigations 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]
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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. 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 employeesecurity program.
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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, 19541958
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.
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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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| File Type | application/pdf |
| File Modified | 2016-09-06 |
| File Created | 2016-09-06 |