Francesco/who-killed-jfk huggingface dataset:
[124-10183-10277_multirif_redacted.pdf — page 19]
by the Civil Service Commission or the employing agency, such informa-tion should be forwarded to the Civil Service Commission or the employ-ing agency; that upon the receipt of information necessitating investi-gation by this Bureau, such information should be forwarded to thisBureau for a full field investigation. You may wish to give considera-tion to possible further clarification of this section.Regarding the phrase "following such investigation and reviewas he deems necessary" set forth in Section 6, it is believed that"as he deems necessary" refers to the word "review." If, however,it might also refer to the word "investigation," the thought occursthat it might be in conflict with other provisions in the draft whichprescribe that in certain instances full field investigations must beconducted.In connection with Section 8 (5) it is noted that this sectiondoes not specifically provide for sympathetic association with individu-members of the organizations referred to in this section. In this con-nection, you will recall that the attachment to my memorandum of April 141955, set forth observations of the Interdepartmental IntelligenceConference regarding the draft, one of which concerned a suggestionalong this line.It is observed that Section 14 (a) authorizes the NationalSecurity Council to designate representatives of other Departments andagencies to furnish advice and to collaborate with the Civil serviceCommission in connection with the Commission's study of the manner inwhich the Order is implemented. We would appreciate any informationregarding the extent representatives of this Bureau might be expectedto render advice and collaborate with the Civil Service Commission.It would be appreciated if you could furnish the advicerequested in my memorandum of February 26, 1953, regarding your desiresas to this Bureau following the policy of channeling its investigativereports through the Civil service Commission to the departments andagencies concerned.It is noted that my previous memoranda raised the point asto what effect the abolishing of the Loyalty Review Board might haveon Executive Order 10422. For your information, funds have beenNW 88326 DocId:32989603 Page 20
[124-10183-10277_multirif_redacted.pdf — page 20]
appropriated for the implementation of Executive Order 10422 and this Bureau is proceeding with investigations under this Order and submitting reports to the Civil Service Commission for appropriate adjudication.Regarding what agencies will have investigative responsibilities abroad under this Order, as mentioned in my previous memoranda, you may wish to give consideration to, if possible, continuing the arrangements which have been perfected under Executive Order 9835.My memorandum of April 6, 1953, commented regarding paragraph, 8 (b) (4) of the draft received April 2, 1953. t was stated that it was felt investigations regarding individuals who might be subjected to coercion, influence or pressure because of the presence of a close relative in a nation whose interests may be inimical to the interests of the United States which develop a subversive aspect should be done by this Bureau rather than the Civil Service Commission or the employing agency. It is observed that Section 8 (d) of the draft received April 13, 1953, requires this Bureau to conduct all investigations 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. It is suggested you might desire to clarify this provision further to specifically provide that investigations under this category will be conducted by this Bureau only where there is information indicating a question of loyalty or subversive activity.As previously mentioned, it will be necessary that the rules and regulations to be issued in connection with the implementation of this order, such as those governing the establishing and operation of hearing boards, be as complete as possible in order to maintain uniformity.It will, of course, be necessary for this Bureau to receive sufficient funds in order to discharge its responsibilities under this Order.- 3 -  NW 88326 Docld:32989603 Page 21
[124-10183-10277_multirif_redacted.pdf — page 21]
Deputy Attorney GeneralWilliam P. RogersMay 1, 1953Director, FBI# EXECUTIVE ORDER 10450# SECURITY REQUIREMENTS FOR GOVERNMENT EMPLOYMENTIn connection with the implementation of Executive Order 10450, the following suggestions, which were previously furnished to you in connection with the drafts of the Order, are being set forth for your consideration for inclusion in the Security Regulations drawn up in connection with this Order:1. There should be no abuse of the privilege granted to fill sensitive positions in emergency cases prior to the completion of full field pre-appointment investigations.2. In order that there be no misunderstanding, it might be well to specify in the regulations that the Order covers only the Executive Branch of the Government.3. It is the understanding of this Bureau that the Civil Service Commission maintains a register of persons eligible for Government employment. In connection with this register, under Executive order 5 these names have been processed in a manner similar to those of employees, and the adjudication made by the Civil Service Commission. Section 11 of the Order states that cases being heard by regional loyalty boards on the effective date of this order in which no specific Department or agency is involves will be dismissed without prejudice to use applicant, this section, unless clarified in the regulations, may affect the Civil Service Commission's Register of eligibles.Information should be included advising what agencies have investigative responsibility across in connection with this Order. You may desire to continue the arrangements perfected under Executive order 5335 regarding this matter.There may be some question as to what agencies have investigative responsibilities in connection with the additional investigation that may be necessary in the readjudication ofNW 88326 DocId:32989603 Page 22
[124-10183-10277_multirif_redacted.pdf — page 22]
full field investigations under Executive Order 9835,ascalled for in Section 4 of the Order. As you were previouslyadvised, this Bureau feels it should conduct such investigations,only when the purpose is to develop information of a naturedescribed in Section 8(d) of the Order. Unless specificinformation to this effect is included in the regulations, itcan be anticipated that this Bureau will receive a large numberof requests for investigations solely for the purpose of bringingthe investigation up to date, or to develop some information ofa nonsubversive nature.Under Executive Order 9835, this Burecu, throughagreement with the Civil Service Commission, followed thepolicy of sending all its reports to the Civil ServiceCommission for dissemination to the appropriate departmentsand agencies. As you know, the current Order requires thetthe Civil Service Commission maintain a security-investigationsindex, which is to include the index maintained by the CivilService Commission in conjunction with Executive Order 9885,This Bureau believes the policy previously followed of sendingthese reports to the Civil Service Commission should becontinued.It will be necessary that a standard form containingsufficient identifying data be utilized in checking individuols'names through this Pureau's files and in connection with investigations conducted under this. Order..........^1 With reference to per-dien, intermittent, temporary,eta., employees, the Civil fervice Commission should utilizeextreme core in permittings at the request of a department.agency head, less than the than the minimum investigation required inother cosesRegarding Section 5 of the Order, this Dureau, onreceipt of information of a nature necessitating investigationby it, contemplates following the policy of inmediatelyinitiating the investigation rather than cuaiting a requestfor sich an investigation by the deurtnent or agency concerned.The agency head, however, will be notified that information ofa nature requiring investigation by this Purecu Purecu, has been receiveon investigation is being conducted end that upon requesthe will be furnished with the basis for the investigation......If it is felt that such a policy is in conflict with the provisionssing of the order it would be appreciated if considerationNW 88326 Docld:32989603 Page 23
[124-10183-10277_multirif_redacted.pdf — page 23]
could be given to clarifying this in the regulations.Apart from the above suggestions regarding the security regulations, it is noted that the abolition of the Civil Service Commission's regional loyalty boards and the Loyalty Review Board will affect the adjudication procedure required by Executive Order 10422. This is being called to your attention so that the necessary action may be taken to insure that there is no undue delay in connection with the adjudication of cases being investigated under Executive Order 10422.Your attention is called to Section 9(k) of the Sample Security Regulations dated April 33, 1953. As you will observe, this section concerns the determinations made by hearing boards, and in part states: "One copy of the decision of the board, together with the complete record of the case, including investigative reports, shall be sent to the (head of department or agency) and one copy shall be sent to the employee." This Bureau is strongly opposed to making copies of its reports, in whole or in part, available to individuals investigated under this Order, and considers it absolutely necessary that its reports be maintained in confidence. Of course, this Bureau does not object to the employee's being advised, insofar as security considerations permit, of that information in the reports which is considered necessary in connection with the charges against the employee.As you will observe, under Section 9(k) the employee could be furnished a copy of the complete record of the case. Such record might include confidential information in the possession of the board which security considerations do not permit making available to the employee. In this connection, it is noted that section 5(n)(3) of the regulations states: "The decision of the hearing board shall be in writing and shall be signed by all members of the board. One copy of the decision shall be sent to the (head of department or agency) and one copy shall be sent to the suspended employee."In addition, it is noted that the above provisions of Section 9(k) are contradictory to the provisions of section 9(c) of the Order proper, which states that reports and other
[124-10183-10277_multirif_redacted.pdf — page 24]
investigative meterial and information are to be maintained in confidence and no access given thereto, except, with the consent of the investigative agency concerned, to other departments and agencies conducting security programs under the authority of the act of August 26, 1950.It is strongly urged that you amend the provisions in Section 9(k) of the Sample Security Regulations, because, unless such is done, some departments und agencies may furnish to the employee a copy of the complete record of the case, which would include this Bureau's investigative reports.Your attention is called to Section 4(b) of the regulations setting forth provisions covering the scope of the investigation to be conducted. The provisions, as set forth, do not include o check of the fingerprint files of this Bureau. As Section 3(a) of the Order, itself, calls for a check of such files, it is suggested you may wish to include this also in the regulations.- 4 -  NW 88326 Docld:32989603 Page 25
[124-10183-10277_multirif_redacted.pdf — page 25]
Mr. William P. RogersDeputy Attorney GeneralDirector, FBIMay 14, 1953# EXECUTIVE ORDER 10450SECURITY REQUIREMENTS FOR GOVERNMENT EMPLOYMENTReference is made to this Bureau's memoranda dated February 6 and 26, 1953; April 6, 10, and 14, 1953, and May 1, 1953, regarding the captioned Executive Order.Your immediate advice as to what agencies have the responsibility of conducting investigations abroad under this Order will be appreciated. It can be anticipated that this problem will immediately present itself upon the effective date of the Order. For example, this Bureau may receive a request to conduct a full field investigation regarding an employee who in the past has spent considerable time in foreign countries. Upon the receipt of such a request, it will be necessary to know to what agency a request to conduct the investigation abroad should be directed. As previously suggested, you may wish to continue the arrangements perfected for dealing this problem under Executive Order 9835. For your information, these arrangements are set forth in a memorandum dated April 7, 1948, from the Attorney General to the heads of all departments and independent agencies of the Executive Branch of the Government. The thought occurs that you may desire to issue similar advice to all departments and agencies in connection with Executive Order 10450. (66-6200-121-290 & Part I, Section 2, Serial 87 of the Loyalty Policy File)Another matter that may cause some difficulty after Executive Order 10450 becomes effective is the question of what agencies have investigative responsibility with respect to the conduct of the further investigation that may be considered appropriate in connection with the re-evaluation of cases of those employees concerning whom a full field investigation was conducted under Executive Order 9835; however, their cases have not heretofore been adjudicated under a security standard commensurate with that established under Executive Order 10450. As previously stated, this Bureau feels it should conduct such investigations only when the purpose is to develop information of a nature described in Section 8 (a) of the Order. It would be appreciated if you would advise whether you are in agreement.NW 88326 DocId:32989603 Page 26
[124-10183-10277_multirif_redacted.pdf — page 26]
with this. Should you agree with this policy, you may wish to soadvise the heads of all departments and agencies as unless such isdone, this Bureau may receive a large number of requests forinvestigations solely for the purpose of bringing the previousinvestigations up to date or to develop some allegation of anonsubversive nature.Your attention is invited to my memorandum of May 1, 1953,wherein I urged that the provisions in Section 9 (k) of the "SampleSecurity regulations" be amended to preclude the possibility of anydepartment or agency furnishing a copy of this Bureau's reports tothe individuals investigated under the Order. It is believed thisshould be done prior to the effective date of Executive order 10450,and I would appreciate being advised of what action is contemplatedin this regard. It is observed that in connection with ExecutiveOrder 9835 the Attorney General under date of December 11, 1947,directed a confidential memorandum to all department and agencyheads of the Executive Branch of the Government wherein he includedinformation regarding the use of this Bureau's reports underExecutive Order 9835. The Attorney General's memorandum stated,"The information appearing in Federal Bureau of Investigationreports is available for the consideration of the employing agencyin preparing charges against the employee and for appropriate useby the hearing boards. The Federal Bureau of Investigation isopposed to making copies of its reports, in whole or in part,available to individuals as such, and particularly to personsinvestigated under the Program." Part III, Section 1, Serial 31 ofLoyalty-Policy file)It was noted in previous memoranda to you that this Bureauunder Executive Order 9835, through an agreement with the Civil ServiceCommission, followed the policy of sending all its reports to theCivil Service Commission for dissemination to the appropriatedepartments and agencies. It was expected that as Executive Order10450 requires the Civil Service Commission to maintain a securityinvestigations in re regarding persons investigated under the Order,the policy of this Bureau sending all its reports to the CivilService Commission be continued. Unless advice to the contrary isreceived from you, this Bureau contemplates following this policy.NW 88326 DocId:32989603 Page 27
[124-10183-10277_multirif_redacted.pdf — page 27]
The "Sample Security Regulations" prepared by the Dopertment contains infomation ro regarding the manner in which hearings are to be conducted by the Eccurity scaring Soares under Executive Creer 10450. Thoso resulations, however, do not state whether these hearings aro to be opened or closed το του public. For your information, the Loyalty Revicu Coard in connection with the matter of nearings held under Executive order 9035, issued a cirective to all departments and spencies advicing teat such hearings should be in private and attendance limited to representatives of the agency who are alrectly connected with the adjudication of the case, representatives of the Loyalty review Lourd, and tue employee or applicant concerned, his counsel or representative, and the witness who is testifying. You may wish to issue appropriato advice to all departments ana agencies reguraing who swall.bo permitted to be present during hearings held under Lxecutive cruer 1050.It is also noted that the "Sample Security Regulations" state that the employee shall be permitted to cross-examine any witness offered in support of the merges against aia. This raises tno question as to whether focity erring boards may be allovca, won the recuost of a witness, to a bit witness in the coronce of the coloyce or ais counsel. In concesion wata this proolen under saxecutive ever 35, the Loyalty eview board issuea a circctive to all ixccutive departcoats and agencies per-mitting loyalty oaring coarua to near winstos in to anscnce of the exployee and als counsel ir tuomitacases so requested. In this rezara, mis urzu uns er ·κοσυτίνο vrcer yo35, at the roquess ofviduals who permit tein nama, to be used, kao zive nartanont imation haverse to the oployco của vào do note not exrossly indicate en unwillin ness to tes testify, tacir cosires Po regarding the fo Following q.cssions:1. Lhether they will testify before a Loyalty Hearin ars in סקר שנעnce of the incivicual uncer investition ana ais councol, mich would subject taom to cross-czanination;2. If not, mether they will testify before a Lority in; card not in the resenso of the inuividual under investigation and pis counsel..
[124-10183-10277_multirif_redacted.pdf — page 28]
3. If they are unwilling to appear at a scheduled hearing or unable to be present, whether they are willing to have their statements read verbatim to the individual under investigation and his counsel;4. If they do not appear, whether they aro willing to have thoir names disclosed at the hearing.This Bureau will continue the above policy under Executive Order 10450; however, should you determine that Security Hearing Boards may hear witnesses only in the presence of the employeo and his counsel, it will be appreciated if you will immediately advise this Bureau so that all individuals interviewed who may later be requested to testify before a Security Wearing Board will clearly understand that such testimony must be in the presence of the employee and his counsel and they may be cross-examined by the employee or his counsel.It can be anticipated that, in connection with some hearings held under xecutive Order 10450, the hearing board may request agents of this Pureau to appear and testify. In this connection, this Duronu would acciate it if the policy followed in this respoet under sent-- Order 9535 could be continued. This policy was set forth in a confidontics mmorandum from the Attorney General dated December 11, 1947, to all department and arency heads of the Executive Brench of the Government, which stated that Special Aconts of this Curcan will testify before hearing boards where they are in a position to furnish cometent evidance. They will not, however, perticinate otherwise in the proceedings nor will they to made avcilable merely to interpret information appearing in their investigative reports: 1t in succestod you may wish to furnish such information to all departments and agencies of the Executive Branch of the Government.Previous momorenda to you observed that as Executive Order 10:50 is en Executivo Order, it is assumed its coverage is limited to the Executive wrench of the Goverment. In this commotion, the question mer arise as to whether the Ceneral Accounting Office, the Goverment Printing Office, and the Library of Congress might be per- mitted to participate in the procedures offected under Executive Order 10450. You may recell that they have verticipated in the proceduros of Exccutive Ordor 9035. You may chorofore desire to ascertain from the General Accounting Office, the Government Printing Office, and the Library of Congress whether they wish to particinate in the procedures prescribed by Executive Order 10150, and if they do desire to participato, determine whether the provisions of Executive Order 1050 authorize such particination. It would be appreciated if you would immediately. advise this Durcểu thất action it should the if the names and fingerprinta of such employees are submitted to this Bureau for checking through its
[124-10183-10277_multirif_redacted.pdf — page 29]
files or if requests for full field investigations are received concern-ing such employees prior to a final determination as to whether theyare to participate in the procedures under Executive Order 10450.It would be appreciated if you could furnish an early replyto the questions posed in this memorandum.- 5 -NW 88326 Docld:32989603 Page 30
[124-10183-10277_multirif_redacted.pdf — page 30]
# UNITED STATES CIVIL SERVICE COMMICONWASHINGTON 25, D. C.DC 709 (1)May 18, 1953DEPARTMENTAL CIRCULAR NO. 709TO HEADS OF DEPARTMENTS AND INDEPENDENT ESTABLISHMENTSSUBJECT: Designation of Officials to Whom Reports of Full Field Inves-tigation Under Executive Order 10450 Should be Delivered1. Forms requesting investigations under Executive Order 10450 should bear the address of the Personnel Security Officer to whom the reports of investigation should be sent. Forms for this purpose will be provided with a space for the address of the Personnel Security Officer.2. Reports of investigation will be forwarded to the Personnel Security Officer except when a full field investigation is conducted by the Commission or by the Federal Bureau of Investigation. The Commission will deliver these reports of full field investigation to a designated official in the central office of your department or agency.3. In order that the reports may be delivered properly, please furnish the Commission with the names and addresses of central-office officials of your department or agency to whom reports of full field investigation should be delivered. You should name one or more alternates to receive these reports in the absence of the first official. These names should be submitted to the Chief, Investigations Division, U. S. Civil Service Commission, Washington 25, D. C., within ten days of receipt of this letter.4. Since some of the reports of full field investigation will contain security information, you should show with respect to each official designated the highest category of classified security information he has been cleared to receive.5. Inquiries concerning this circular may, be made by telephone to Code 171, extension 3111 or 3112.By direction of the Commission:![signature of C. L. Edwards]C. L. EdwardsExecutive DirectorNW 88326 Docld:32989603 Page 31IN D C