Title 5Government Organization and EmployeesRelease 119-73

§7311 Loyalty and striking

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart F— - Labor-Management and Employee Relations › Chapter CHAPTER 73— - SUITABILITY, SECURITY, AND CONDUCT › Subchapter SUBCHAPTER II— - EMPLOYMENT LIMITATIONS › § 7311

Last updated Apr 6, 2026|Official source

Summary

You cannot hold a job with the U.S. or D.C. government if you advocate overthrowing the constitutional government, belong to an organization you know does that, take part in or claim a right to strike against those governments, or belong to an employee group you know claims that right.

Full Legal Text

Title 5, §7311

Government Organization and Employees — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 118p.Aug. 9, 1955, ch. 690, § 1, 69 Stat. 624. [Uncodified].
June 29, 1956, ch. 479, § 3, (as applicable to the Act of Aug. 9, 1955, ch. 690, § 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.

Executive Documents

Executive Order No. 10450 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, which related to security requirements for Government employees, was revoked by Ex. Ord. No. 13467, § 3(a), as added by Ex. Ord. No. 13764, § 3(v), Jan. 17, 2017, 82 F.R. 8128, which is set out in a note under section 3161 of Title 50, War and National Defense, and which contains additional

Construction

provisions related to the revocation. 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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 7311

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73