Francesco/who-killed-jfk huggingface dataset:
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1 - Mr. J. B. Adams2 - Mr. J. A. Mintz(1 - Mr. J. B. Hotis)3 - Mr. T. W. Leavitt(1 - Mr. W. O. Cregar)(1 - Mr. T. J. McNiff)1 - Mr. Fehl1 - Mr. Steel1 - Mr. StoopsMarch 3, 1976 #MDR-6 2/6/0162-116395U.S. SENATE SELECT COMMITTEE TOSTUDY GOVERNMENTAL OPERATIONS WITHRESPECT TO INTELLIGENCE ACTIVITIES (SSC)ALL INFORMATION CONTAINEDHEREIN IS UNCLASSIFIEDDATE 2/6/01 BY SPALMIRPReference is made to SSC letter dated February 9, 1976, requesting appropriate FBI materials describing the policy and procedures of the Bureau for investigations carried out pursuant to Executive Order (EO) 10450, (enclosed), as amended, including, but not limited to, the standards for checking the names for Federal employees or prospective employees in FBI files (a National Agency Check) the standards for determining whether or not there is "derogatory information" in the FBI files, the policies for dissemination of such infor- mation, and the circumstances under which the FBI will conduct its own investigation of a prospective Federal employee. Set forth below is this Bureau's response to the requests mentioned in referenced letter. Also enclosed are materials responsive to the requests mentioned in referenced letter.POLICIES AND PROCEDURES OF THE FBI FORINVESTIGATIONS PURSUANT TO EO 10450, AS AMENDEDExecutive Order (EO) 10450, as amended, came into existence on April 27, 1953, and serves as the basic authority under which most personnel investigations are conducted at the present time involving applicants and employees in the Executive Branch.EO 10450, in its preamble, states that the interests of the national security require all persons privileged to be employed by the Government shall be reliable, trustworthy, of good conduct and character, and of complete and unswerving loyalty to the United States.Section 2 requires the agency head to maintain an effective program to insure that the employment or retention of applicants and employees is clearly consistent with the interests of the national security.Original and one copy to AG.GLS:pln/kkk> [Figure: An "Enclosure" stamp in a document.]NY 8836 DocId:32989603 Page 62GPO: 1975 0 - 569-920.
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SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES (SSC).Section 8 lists the conditions for developing information which is of investigative and, by inference, adjudicative interest.Section 13 states: "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."Chapter 732 of the Federal Personnel Manual instructs that before an agency issues a letter of charges under EO 10450, the Department of Justice shall be consulted to assure that the rights of the employees are fully considered.The Government Printing Office, General Accounting Office, and Library of Congress, all in the Legislative Branch, voluntarily participated in the loyalty program prescribed by EO 9835. The same agencies desired to participate in the program set up by EO 10450. These agencies again, with the approval of the Department of Justice, worked out with the Department and with the Civil Service Commission procedures for their participation in EO 10450. The results of FBI investigations under EO 10450 concerning applicants and employees of these agencies in the Legislative Branch are furnished to the Civil Service Commission, which in turn furnishes the results to the designated officials in the specific agency.Available information indicates that difficulties of proof imposed by the courts in loyalty and security cases are considered almost insurmountable and as a result no removal or other adverse actions have been taken on these grounds for several years and the adjudicative basis has shifted from loyalty and security to suitability. Thus, favorable determinations are said to be based on EO 10450 while unfavorable decisions almost always rely on the suitability provisions of Civil Service Regulations.It is noted that you have previously reviewed Section 19, "Applicant and Employee Investigations Conducted for Other Government Agencies," FBI Manual of Instructions,
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# SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES (SSC)Volume II, which contains instructions to be followed for investigations carried out pursuant to EO 10450, as amended. This should be referred to for an understanding of the FBI's policy and procedures.Section 8(d) reads as follows: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.Chapter 736 of the Federal Personnel Manual instructs agencies to promptly refer to the FBI for investigation cases "which develop information indicating that a person may have been subject to coercion, influence, or pressure to act contrary to the interests of the national security, or information on possible disloyalty to the United States." This Chapter also requires that "information as to subversive activity on the part of employees in the Executive Branch....is referred by the employing agency.... to the Federal Bureau of Investigation" so that necessary investigation is conducted by the FBI.In a memorandum dated August 19, 1974, (enclosed), to the Deputy Assistant Attorney General, Criminal Division, with a copy for the Director, Department Security Staff, Department of Justice, reference was made to EO 11785 dated June 4, 1974, (enclosed), which abolished the Attorney General's list of designated organizations, one of the standards used by the FBI in initiating investigations of individuals pursuant to EO 10450. It was pointed out this standard was eliminated with regard to investigations of applicants and employees in the Executive Branch which may be initiated by the FBI based on information in our files
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SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES (SSC)as well as in evaluating requests for investigations of individuals received from other agencies and departments pursuant to Section 8(d) of EO 10450. Guidelines were requested for the use of the FBI in initiating investigations of individuals pursuant to EO 10450 and specifically criteria to be utilized in determining whether available information is sufficient basis for investigation under EO 10450.A response to these inquiries was made by the Assistant Attorney General for Administration on November 1, 1974, (enclosed), advising that the FBI should continue to conduct investigations to identify organizations coming within the purview of Section 8(a) (5) of EO 10450, i.e., organizations which: (1) unlawfully advocate or practice 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 any State; or (2) which seek to overthrow the Government of the United States or any State or subdivision thereof by unlawful means. The Department advised that if the investigation of an organization "suggests a determination that the organization is engaged in illegal activities or potentially illegal activities, it should continue."Regarding the investigation of individuals, the Department advised that members or affiliates of organizations described above should be investigated and the same yardstick should be utilized as was indicated for organizations in determining whether the investigation should continue. The Department added, however, that "when a determination can reasonably be made that the individual's activities, either within the organization or as an individual, do not appear to be in violation of any law, then the investigation should cease."In a memorandum dated December 11, 1974, (enclosed), to the Assistant Attorney General for Administration, clarification was requested of the guidelines for investigations by the FBI of applicants and employees in the Executive Branch under EO 10450 since the Department's statement that the same yardstick should be utilized in the case of organizations and individuals appears to be at variance with that used concerning organizations.
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# SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES (SSC)## STANDARDS FOR CHECKING FBI FILES## FOR A NATIONAL AGENCY CHECKSection 3(a) provides that the appointment of each civilian employee shall be made subject to investigation but in no event shall the investigation include less than a national agency check including a check of the fingerprint files of the FBI.Although the scope of a national agency check is not defined in EO 10450, Chapter 736 of the Federal Personnel Manual defines a national agency check as including a check of the fingerprint files, Identification Division, FBI, and of the investigative files of the FBI.## STANDARDS FOR DETERMINING WHETHER OR NOT## THERE IS "DEROGATORY INFORMATION" IN THE FBI FILESThe standards for determining what is derogatory information is such information that shall relate, but shall not be limited to, those facts described in subdivisions (1-8) of Section 8(a).## POLICIES FOR DISSEMINATION OF SUCH DEROGATORY INFORMATIONSection 5 of EO 10450 provides:Whenever there is developed 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 representatives....If the FBI receives information coming within the provisions of this section, the FBI has the responsibility to disseminate it whether it be of a suitability or loyalty nature. Chapter 735 of the Federal Personnel Manual contains language similar to that in Section 5. The conditions for the types of derogatory information involved are set forth in Section 8 (a) of the Order.
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# SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES (SSC)Supplement Number 4 (revised) of DepartmentalOrder 3464, signed by the Attorney General on January 13,1953, provides that all files, documents, records and reportsin the Department of Justice shall be regarded as of aconfidential nature.The Attorney General by memorandum dated December 5,1947, advised the Bureau that the practice in passing alongto the various government departments and agencies informationwhich comes to its attention in connection with the conductingof investigations, normally and regularly within the Bureau'sjurisdiction, is entirely appropriate and correct. The AttorneyGeneral added that it would appear that the Bureau would beremiss in its duty if it failed to pass along informationcoming to it which might prove in the interest of the generalwelfare. He added that it is not the Bureau's responsibilityto determine whether the information is or is not of importanceto the particular agency in the carrying out of its currentactivities and responsibility, and whether or not any actionis taken by the department or agency is not, of course, aprincipal concern of the Bureau. The Attorney General advised,therefore, that in his opinion the Bureau should continue topass along information, which it is believed might be ofinterest to the various departments and agencies.It should be noted that our FBI reports distributedto outside agencies are stamped as the property of the FBI withthis additional notation," This document contains neitherrecommendations nor conclusions of the FBI and is leaned to youragency: it and its contents are not to be distributed outsideyour agency."FBI memorandum dated August 14, 1974, (enclosed), tothe Assistant Attorney General for Administration, copies forthe Deputy Assistant Attorney General, Criminal Division, andfor the Director, Department Security Staff, confirmed theresults of investigations of individuals pursuant to EO 10450be furnished, where pertinent, to the Director, DepartmentSecurity Staff.-- 6 --NW 88326 Docld:32989603 Page 67
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# SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES (SSC)The memorandum pointed out that, as in the past,these reports are furnished to the Department in order thatconsideration may be given as to whether any Federal lawshave been violated and for information concerning possiblesubversive infiltration into the Executive Branch of theGovernment.With regard to a determination as to whether anyFederal laws have been violated, it was noted the violationsgenerally involve Title 18, U.S. Code 1001, and a response isreceived from the Criminal Division.Information concerning subversive infiltrationinto the Executive Branch is furnished for the Department'sassistance in discharging its responsibilities underSection 13 of EO 10450.The Assistant Attorney General for Administration,by memorandum dated August 26, 1974, (enclosed), advised thatthe practice as outlined in the memorandum of August 14, 1974,satisfies the needs of the Department.As the result of reorganization in the Department,these reports are now sent to the Director, Security andAdministrative Services Staff.## CIRCUMSTANCES UNDER WHICH THE FBI WILL CONDUCT ITS## OWN INVESTIGATION OF A PROSPECTIVE FEDERAL EMPLOYEEWith regard to Sections 5 and 8(d), supra, the FBIsent a memorandum dated May 1, 1953, (enclosed), to theDeputy Attorney General pointing out that the FBI contemplatedfollowing the policy in existence under EO 9835 (FederalEmployee Loyalty Program) of initiating an investigation basedon available information rather than awaiting a request forsuch an investigation under EO 10450 from the interesteddepartment or agency. It was stated that if this practicewas in conflict with the provisions of EO 10450, considerationcould be given to clarification in subsequent regulations.
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SENATE SELECT COMMITTEE ON INTELLIGENCE ACTIVITIES (SSC)In reply the Deputy Attorney General on June 25, 1953, (enclosed), advised he did not believe the policy outlined in the memorandum dated May 1, 1953, to be in conflict with any provision of EO 10450 and saw no reason why the FBI should not continue this policy.The FBI has continued the practice approved in the Department's memorandum of June 25, 1953, and by memorandum dated January 23, 1976, to the Deputy Attorney General, the Department was advised that this policy still continues under the provisions of EO 10450.Enclosures. (23)1 - The Attorney General
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ALL INFORMATION CONTAINEDHEREIN IS UNCLASSIFIEDDATE 2/6/01 BY SPRALMKP5-140 (Rev. 1-21-74) FEDERAL BUREAU OF INVESTIGATIONWASHINGTON, D. C. 20535Addressee: Senate Select Committee☐ LTR ☑ LHM ☐ Memo ☐ Report dated 3/3/76Caption of Document: SSC let 2/9/76 requesting FBI materials describinggthe policy & procedures. of the Bureau.Originating Office: FBIDelivered by: Jossin Date: 3/8/76Received by: French BaronTitle: CounselReturn this receipt to the Intelligence Division, FBINW 88326 DocId:32989603 Page 70
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CLASSIFY AS APPROPRIATETO: Intelligence Community StaffATTN: Central IndexFROM: FBISUBJECT: Abstract of Information Provided to Select Committees1. HOW PROVIDED (check appropriate term. If a document was made available for review but not transmitted, so note.)X DOCUMENTBRIEFING INTERVIEW TESTIMONY OTHER2. DATE PROVIDED3/3/763. TO WHOM PROVIDED (check appropriate term; add specific names if appropriate)X SSCHSC4. IDENTIFICATION (provide descriptive data for documents; give name or identification number of briefer, interviewee, testifier and subject)Memorandum and enclosures5. IN RESPONSE TO (list date and item number if in response to formal request, otherwise state verbal request of (name), initiative, subpoena, etc.)SSC letter 2/9/766. CLASSIFICATION OF INFORMATION (enter U, C, S, TS or Codeword)U7. KEY WORDS (enter the appropriate key words from the list provided separately; if key words not listed are used underline for emphasis)Operating procedures8. SUMMARY (see reverse side before completing this item)Information regarding FBI policy and procedure for investigations carried out pursuant to Executive Order 10450, as amended.> ALL INFORMATION CONTAINED> HEREIN IS UNCLASSIFIED> DATE 2/6/01 BY SPALMKP62-116395SJM:1hb(4))ORIGINAL VIA LIAISON TO CENTRAL COMMUNITY INDEXIN CONNECTION WITH SENSTUDY 75.> TREAT AS YELLOWNW 88326 Docld:32989603 Page 71
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INSTRUCTIONS*   Type or print clearly in ink.*   Indicate classification of the abstract top and bottom.*   Date the abstract and put on any internal control numbers required.*   "FROM" entry should clearly identify the organization providing the information.*   If additions (as when a copy of document sent to SSC is later sent to HSC) or changes to a previously submitted form are necessary, submit a copy of the original abstract, with the change indicated.SPECIFIC ITEM NO. 8. SUMMARY - enter brief narrative statement describing substance of information and showing relationship to Intelligence Community matters if appropriate. Any feedback or evidence of investigatory interests should be noted. Commitments made to supply additional information should be noted. Additionally, certain administrative information may be entered here, e.g., restrictions on review of a document, if document was paraphrased, whether interviewee is current or former employee, etc. If actual document or transcript is provided, that fact should be noted and no summary is required. Additional pages may be attached if necessary.
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# The Attorney GeneralDirector, FBI# U. S. SENATE SELECT COMMITTEE ONINTELLIGENCE ACTIVITIES (SSC)2 - Mr. J. A. Mintz(Mr. Hotis)1 - Mr. W. R. Wannall1 - Mr. W. O. Cregar1 - Mr. K. A. MendenhallFebruary 3, 1976![ALL INFORMATION CONTAINED HEREIN 19 UNCLASSIFIED DATE 2/6/01 BY SDBALM](Image of unclassified markings)Reference is made to SSC letter dated January 7, 1976, requesting certain materials from the FBI.Enclosed for your approval and forwarding to the SSC is the original of a memorandum which constitutes this Bureau's response to the request for material set forth in paragraph two of referenced letter.A copy of this memorandum is being furnished for your records, along with a set of the materials which is to be delivered to the SSC with the memorandum.Attention is invited to a number of references in the materials to Mr. John T. Elliff, Director, Domestic Intelligence Task Force, SSC. Because of these references, it is our intention that when the materials are to be delivered to the SSC, we will invite Mr. Elliff to review the materials at FBI Headquarters and respect his desires as to whether or not any of the references should be excised prior to actual delivery of the materials. This procedure will thus insure the privacy considerations relative to Mr. Elliff.On January 29, 1976, the foregoing was discussed by a representative of this Bureau with Mr. Michael E. Shaheen, Jr., Special Counsel for Intelligence Coordination, who agreed with our proposal.Enclosures - 2Assoc. Dir.Dep. AD Adm62-116395Dep. AD Inv.Asst. Dir.:Admin.Comp. Syst.Ext. AffairsFiles & Com.Gen. Inv.Ident.1 - The Deputy Attorney GeneralAttention: Michael E. Shaheen, Jr.Special Counsel forIntelligence Coordination,Inspection-KAM:palIntell. (9)LaboratoryPlan. & Eval.Spec. Inv.TrainingLegal Coun.Telephone Rm.Director Sec'yMAIL ROOM TELETYPE UNITNW 88326/Decla: 19990603 Page 73SEE NOTE PAGE 2GPO: 1975 0 - 569-920
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# The Attorney General**NOTE:**Proposal discussed with Shaheen by S. F. Phillips of Senstudy 75 Project after checking with Assistant Director Mintz. For ready reference by approving Bureau officials, attached below the yellow of the LHM is a set of the materials which will be retained by Bureau and we have flagged by paper clips those paragraphs which contain the pertinent references to Elliff.NW 88326 Docld:32989603 Page 74- 2 -
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2 - Mr. J. A. Mintz(1 r. Hotis)1 - Mr. R. Wannall1 - Mr. W. O. Cregar1 - Mr. K. A. Mendenhall62-116395 February 3, 1976UNITED STATES SENATE SELECT COMITTEETO STUDY COVERNMENTAL OPERATIONSWITH RESPECT TO INTELLIGENCEACTIVITIES (SSC)Reference is made to SSC letter dated January 7, 1976, requesting certain materials from the FBI.The material requested in paragraph two of referenced letter is being delivered with this memorandum. With respect to the material being delivered, it should be noted there are several instances wherein the documents provided refer to previous communications, exhibits, and attachments. Extensive file reviews were conducted and some of these communications could not be located. In other instances when such communications vero located, they were reviewed and found to not pertain to changes being made to Section 87 of the Manual of Instructions. Additionally, the final approved version of Section 87 and the Position Paper by Thomas J. Smith captioned "Domestic Intelligence Division-Scope of FBI Authority, Jurisdiction and Responsibility In Domestic Intelligence Investigations" are not being suknitted with this memorandum inasmuch as these items have previously been furnished the SSC.ALL INFORMATION CONTAINEDHEREIN IS UNCLASSIFIEDDATE 2/6/01 BY SPRAUMKP1 - The Attorney GeneralKAM:pal pal ORIGINAL AND ONE FURNISHED THE ATTORNEY GENERAL(8)NOTE:Assoc. Dir. SSC requested material reflecting process by whichDep. AD Adm. Section 87 was changed during 1973, from inception to final ap-Dep. AD Inv. proval. A review of pertinent files reveals questions wereAdmin. raised during 1971 about the FBI's jurisdiction in the securityAsst. Dir.: field by Senator S. J. Ervin and John T. Elliff. Former ActingComp. Syst. Director L. Patrick Gray, III, requested, during early 1972,Ext. AffairsFiles & ComGen. Inv.Ident.InspectionIntell.LaboratoryPlan. & Eval.Spec. Inv.TrainingLegal Coun.Telephone Rm.Director Sec'yNOTE CONTINUED PAGE 2This document is prepared in response to your request and is not for dissemination outside your Committee. Its use is limited to official proceedings by your Committee and the content may not be disclosed to unauthorized personnel without the express approval of the FBI .NW 88326 Docld:32989603 Page 75 ENCLOSURE 62-116395-1474
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Re: UNITED STATES SENATE SELECT COMMITTEETO STUDY GOVERNMENTAL OPERATIONSWITH RESPECT TO INTELLIGENCEACTIVITIES (SSC)NOTE CONTINUEDpreparation of in-depth position papers for an Executive Con-ference which led to the above-mentioned paper by Thomas J. Smith.Thereafter Section 87 was revamped and security investigationswere to be based on Federal statutes.As indicated above, extensive file reviews were con-ducted to locate various communications referred to in documentsbeing provided SSC and these efforts were negative. Additionally,some documents being provided SSC contain information of interestregarding the manual change; however, enclosures and attachedletters with these documents did not pertain to the manual changeand therefore these items were not furnished SSC.
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5-140 (Rev. 1-21-74) FEDERAL BUREAU OF INVESTIGATIONWASHINGTON, D. C. 20535Addressee: Senate Select Committee☐ LTR  ☑ LHM ☐ Memo ☐ Report dated 2/3/76Caption of Document: Re SSC let 1/7/76 request for Section 87 of the Manual of Instructions.Originating Office: FBIDelivered by: ID Stassinos Date: 2/5/76Received by: It CookeTitle: ClerkReturn this receipt to the Intelligence Division, FBIALL INFORMATION CONTAINEDHEREIN IS UNCLASSIFIEDDATE 2/6/01 BY SP2АШКРNW-88326-Docld:32989603 Page 77