
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC7311]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
             CHAPTER 73--SUITABILITY, SECURITY, AND CONDUCT
 
                  SUBCHAPTER II--EMPLOYMENT LIMITATIONS
 
Sec. 7311. Loyalty and striking

    An individual may not accept or hold a position in the Government of 
the United States or the government of the District of Columbia if he--
        (1) advocates the overthrow of our constitutional form of 
    government;
        (2) is a member of an organization that he knows advocates the 
    overthrow of our constitutional form of government;
        (3) participates in a strike, or asserts the right to strike, 
    against the Government of the United States or the government of the 
    District of Columbia; or
        (4) is a member of an organization of employees of the 
    Government of the United States or of individuals employed by the 
    government of the District of Columbia that he knows asserts the 
    right to strike against the Government of the United States or the 
    government of the District of Columbia.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 524.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 118p.                Aug. 9, 1955, ch.
                                                    690, Sec.  1, 69
                                                    Stat. 624.
                     [Uncodified].                 June 29, 1956, ch.
                                                    479, Sec.  3, (as
                                                    applicable to the
                                                    Act of Aug. 9, 1955,
                                                    ch. 690, Sec.  1, 69
                                                    Stat. 624), 70 Stat.
                                                    453.
------------------------------------------------------------------------

    The word ``position'' is coextensive with and is substituted for 
``office or employment''.
    In paragraphs (1) and (2), the words ``in the United States'' in 
former section 118p(1), (2) are omitted as unnecessary in view of the 
reference to ``our constitutional form of government''.
    In paragraphs (3) and (4), the reference to the ``government of the 
District of Columbia'' is added on authority of the Act of June 29, 
1956, in order to make these paragraphs meaningful with respect to 
individuals employed by the government of the District of Columbia. The 
words ``From and after July 1, 1956'', appearing in the Act of June 29, 
1956, are omitted as executed.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

   Ex. Ord. No. 10450. Security Requirements for Government Employees

    Ex. Ord. No. 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.

                        Executive Order No. 11605

    Ex. Ord. No. 11605. July 2, 1971, 36 F.R. 12831, which amended Ex. 
Ord. No. 10450, Apr. 27, 1953, 18 F.R. 2489, which related to security 
requirements for government employees, was revoked by Ex. Ord. No. 
11785, June 4, 1974, 39 F.R. 20053, set out below.

  Ex. Ord. No. 11785. Security Requirements for Governmental Employees

    Ex. Ord. No. 11785, June 4, 1974, 39 F.R. 20053, provided:
    By virtue of the authority vested in me by the Constitution and 
statutes of the United States, including 5 U.S.C. 1101 et seq., 3301, 
3571, 7301, 7313, 7501(c), 7512, 7532, and 7533; and as President of the 
United States, and finding such action necessary in the best interests 
of national security, it is hereby ordered as follows:
    Section 1. Section 12 of Executive Order No. 10450 of April 27, 
1953, as amended [set out as a note under this section], is revised to 
read in its entirety as follows:
    ``Sec. 12. Executive Order No. 9835 of March 21, 1947, as amended, 
is hereby revoked.''
    Sec. 2. Neither the Attorney General, nor the Subversive Activities 
Control Board, nor any other agency shall designate organizations 
pursuant to section 12 of Executive Order No. 10450, as amended, nor 
circulate nor publish a list of organizations previously so designated. 
The list of organizations previously designated is hereby abolished and 
shall not be used for any purpose.
    Sec. 3. Subparagraph (5) of paragraph (a) of section 8 of Executive 
Order No. 10450, as amended, is revised to read as follows:
    ``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.''
    Sec. 4. Executive Order No. 11605 of July 2, 1971, is revoked.
                                                          Richard Nixon.

                  Section Referred to in Other Sections

    This section is referred to in sections 3333, 7103 of this title; 
title 18 section 1918; title 22 section 4102.
