[Executive Orders]

SECURITY REQUIREMENTS FOR GOVERNMENT EMPLOYMENT

EO 10450


   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.