EXECUTIVE ORDER 10450 SECURITY REQUIREMENTS FOR GOVERNMENT EMPLOYMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000100030075-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 12, 2016
• Document Release Date: June 11, 2002
• Sequence Number: 75
• Publication Date: April 27, 1953
• Content Type: REGULATION

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EXLCUT YE ?EDER 10450:
itkaiIhIelaNT3 TOR
?iroVEWAE117 EIVIAMENT
AiEREAS the interests of thn nationaiaeourity require that all persona
Itleged to be employed in the departmentsand ageneiii of the GOvernmat4
ohiri,It be reliable, trustworthy, of good bonduet and character, and of complete
;And unswerving loyalty to the United States; and
aHLREAS the American traditien that all persons shodld receive fair, tz
and equitable treatment .at the hen* of the Goiernient requires that
?zasons tweking the privileGeOf enploynont or privileged to be employed
in tne departments and agencies of the]Governmentbe adjudged by mutually
mnatstent and no less than minimum standar* and procedures among the depart.
ment3 and agenoies governing the employment and retentidn in employment of
per in the Federal services
THEREFORE, by virtue of the authority veited in as by the Constitu-
tive and statutes of the United States* including section 1.753 of the Revised .
StvItes of the United States (5 U. S. C. 631); the Civil Service Act of 1863
(2Z. StAt.,403; 5 U. S. c. 6/210 41 section 91 of tiis act of August 21*
193S, 53 State 1148 (5 Uo So and the act of August 26, 19500
Stet, 416 (5 U. S. Co 22.1, et aft.), and as President of the United States
And deeming such action necessary in the beet interests of the national
veturity, it is hereby ordered as follows:
SECTION l. In addition to the departments and agentiee specified in the
said act of August 26, 1950* and Executive Order Noo 10237 of April 26, 195)
Um provisions of that act shall apoly-to all other departments and agednies
of the Government?
2. The head of each department and agency of the Government shall
be responsible for establishing and maintaining within his department or
cgruv an effective program to insure thet the employmett and retention in
.tyip,:auyment of any civilian *Maar or employee within the department or
'Igvnt-7 is clearly consistent sith thaviaterests of the national aecurityr,
c.Y)0 (a) The appointment of each civilian officer or Employee in any
.tment or agency of the Government ahall be made rubject to investigation.
The oeope of the investigation shall be determined in the first instance
nAmaTling to the degree of adverse effect the occtpant df the positioo snugtA
to be tilled could bring about, by virtue of the nature Of the position, on the
natonal security, but in no event shal:Ltheinvettigatitpn include leas thap a
national agency check (includine,a check -of the fingerprint files of the
ederal Burton: of Investigation), and wTitten inquiries to appropriate lona/
law-enforcement agencies, former employers and super iso, references d
chools attended by the person under imestigatimat Prdtded, that upon ni-
cluest of the head of the deperment or agency concern"-Ce the Civil Service
omniesion may, in its discretion, authorise such lees investigation as may
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mc.t the requirements of the national security with respect to per.diem, inter-
mittent, temporary, or soasonal employ.eas or aliens employed outside the
United States. Should there develop at any stage of itrtestigation information
indicating that the employnent of any such person may net be clearly consis-
tent with the interests of the national security, there ? shall be conducted with
respect to such person a full field ihrestigation4 or etch less investigation
as shall be .sufficient to enable the Moeda the depart:tent or agency ooncerned
to determine whether retentitn of such person is clearill consistent with the
interests of the national security.
(b) The head of any department or kency shall designate, or caw. to be
designated, any position within his department aroma,- 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 bi filled or occupied only by a person with respect to whom
a full field investigation has been conducteds ?o4d., that a person occupy*
ing 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 orders kg furpher, that in
case of emergency a sensitive position may be filletforalimited period by
a person with respect to whom a full field priappointment 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 heed 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 reftadjedicated, in accordance
with the said act of August 26, 1950, such of those cases as have not been
adjudioated under a security standard commensurate with that established under
this or4ere
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 conaistent with the interests
of the national securitys, such information shall be forwarded to the head of
the employing department ar agency or his representative, who, after such
investigatIon as may be appropriete, shall revise, or ceuse to be reviewed, and,
where necessary, re-adjudicate, or cause to be readjudioated, in accordance
with the said act of August 26, 1950, the case of such officer or employee*
SEC. 6. Should there develop at anystage of investigation information indi-
cating that the maployment of any officer or employes 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 doges such suspension
necessary in the interests of the national security and, following such investi-
gation and review as he deems necessary, the head of the department or agency
concerned shall terminate the employment of such suspended officer or employee
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virk
whonver he shall determine such termination necessary-or advisable in the
interests of the national security* in accordance with the said act of
August 260 19500
SEC. /0 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, l950, or ,Jursuent to the said ftecutive 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 con-
cerned finds that such reinstatement, restoration, or reemployment is clearly
consistent with the interests of the national security0 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 suchl authority thereafter
may be employed by any other department ar agency except after a determination
by the Civil Service Commission that such person is eligible for such employ-
ment.
SEC. 8. (a) The investigiations 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 infor.
mation shall relate, but shall not be limited* to the followings
(I) 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 per
(iv) An adjudication of insanity, or treatment for serious mental or neuro.
logical disorder without satisfactory evidence of cure.-
(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 con-
trary to the best interest of the national security.
(2) Commission of any act of sabotages 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, espioad.
age, treason, or sedition.
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(3) Establishing or continuing a syppathstic association with a saboteur,
spy, traitor, seditionist, anarchist, or revolutionist, or:,ith an estionage
or other secret agent dr representative of a foreign nation, Or any represent:a
tive of a foreign nation whose interests may be inimical to the interests of
the United States, or with any person who advoci.tes the use ot force or violence
to overthrow the governmalt of the United States or the alteration of the form
of govermint of the United States biy'unconetitutional,menass,
(4) Advocacy of use. of fore* or violence to overthrow the geverweest of
the United States, or of the alteration of the form of goverment of the United
State, by Unconstitutional meanie
(5) Membership in, or affiliation Or sympathetic association witis, any Sor-
eAgn'or domestic organisation, association, movement. group,-ior combination
of persons which is totalitarian, Fascist, CoMmunist, orethVersive, ox' whidh
has adopted., or shows, a policy of advocating or Approving tbe coMnission at
acts of. force or violence to deny other persons their rights.eader the Constite.
tion of the United States, or which seeks to alter the form of government of
the United States by unconstitutional meanie,
(6) Intentional, unauthorised disclosers to any person of security intorma.
tion, or of other information disclosure of which is prohibited by law, or will.
Ail 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.
(b) The investigation of persons entering or employed in the competitive
service shall oiimarily be the responsibility of the Civil Service Commission,
except in cases in which the head of a department or agency assumes that re-
sponsibility pursuant to law or by agreement with the Commission. The COM.*
mission shall furnish a full investigative report to the dePartment or agency
concerned.
-(c) The investigation of persons (including consultant*, however employed),
entering employment of, or employed by, the Government other than in the com.
petitive service shall primarily be the responsibility of the employing depart.
ment or agency. Departments and agencies without investigative facilities
may use the investigative facilities of the Civil Service COmmicsion, and other
departments and agencies may use such facilities under agreement with the
Commission.
(d) There shall be referred promptly to the Federal Bureau of Investigav
tion all investk;ations 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 interacts of the national security,
or information relazing to any of the mat era described in stbdivisions (2)
through (7) of subsection (a) of this section. In cases se referred to it,
the Federal Bureau of Investigation shall make a full tutu investigation.
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SEC. 90. (a) There shall be established and maintained in the Civil Service
Commission a seOurity.investigations index covering ell persons is to whom
security investigations have been concktcted by any department or agency of
the Government -under this order. The central index.estahlished and maintained
by the Commission Under Executive Order No. 9835 of March 21* 2947, shell 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 ;lemon under the authority
granted to heads of departments and agencies by or in accordance with the
said act of AUguit 26* 1950.
CO The heads of all departments and agencies shall furnish promptly
to the Civil .Service Commission information al.propriate for the establishment
and maintenance ,of the security.investigetiOns indemo
(c) The reports and other investigative material and information
developed by investigations conducted pursuant to Agy statute* order* or pro-
gram deacribed?in section 7 of this order shall-reMain the property of the
investigative 'agencies conducting the investigations* but may* subject to
,eonsiderations of the national security* be retained by the department or
agency concerned. Such reports and other investigative material And informs"
tion shall be maintained in confidence* and no acmes shell be given thereto
except* with the consent of the investigative agency conerned* to other depart.
meats and agencievconducting security prOgrams-ender the authority granted
by or in accordance with the said act 'of August'0* 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 lawo
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 Endings 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. 983$* 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 determine-
'Wan in accordance with the standards and procedures established pursuant to
this order. Cases pending before the regional loyalty boards of the Civil
Service Commission 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 boaris 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; Provided5 that it no specific department or agency is
involved* the case shill be dismissed without prejudice to the applicant. In.
vestigations pending in the Federal Bureau of Investigation or the Civil Service
Commission on such date shall be completed* and the reports thereon shall be
made to the appropriate department or agency.
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SEC. 12. Executive Order No. 9835 of (arch 21, 1947, as amended, is here-
by revoked. Pbr the purposes described in section 21 hereof the loyalty
Review Board and the regional loyalty boards of the Civil Service Comadssion
shall continue to exist and function for a iyeriod of one hundred and twenty
days from the effective date of this order, ard the Department of Justice
shall continue to furnish the information described in paradmaph. 3 of Part
III of the said Executive Order No. 9835* but directly to the head of each
department and agency.
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 emplayee-security program*
SECT. 14 (a) The Civil Service Consaission, 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 progrens 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, imb
partial, and equitable treatmentat the hands of the Government, or rights un.
der the Constitution and laws of the United States or thisordera
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 Civil Service Commission shall
report to the National Security Council, at least semiannually, on the results
of such study, and shall recommend means to correct any such deficiencies
or tendencies.
(b) itu. departments and agencies of the Government are directed to cooper-
ate with the Civil Service Commiseion to facilitate the accomplishment of the
responsibilities assigned to it by subsection (a) of this section*
BED. 150 This order shall become effective thirty days after the date
hereof*
WIGHT D. .EISEM10wP2
THE ..}111% HOUSE.
April 27, 1953
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