Francesco/who-killed-jfk huggingface dataset:
[124-10183-10279_multirif_redacted.pdf — page 12]
# LIARTMENT OF JUSTICEWASHINGTON 25, D. C.April 7, 1943TO THE HEADS OF ALL DEPARTMENTS ANDINDEPENDENT AGENCIES OF THE EXECUTIVE BRANCH.In memorandum of October 7, 1947, I called attention to the fact that the Federal Bureau of Investigation has primary investigative jurisdiction of Section 3-A (61-1, Title 18, USC) of the Hatch Act. It is also pointed out that under the provisions of a presidential interpretation dates 30 October 1947 the Federal Bureau of Investigation has the responsibility of investigating all charges of disloyalty on the part of federal employees within the Executive branch of the Government.The Federal Bureau of Investigation has sufficient investigative personnel under its direct supervision to carry out its responsibility in the continental united states, Alaska, Hawaii, Puerto Rico, and the Virgin Islands. However, it does not have personnel stationed in other areas of the world. Therefore, it has been necessary, in order that the Bureau may be enabled to carry out its responsibility, to arrange by agreement with the Departments and Agencies principally concerned for the delegation of the actual investigative work to certain other departments of the Executive Branch in those areas where it has no investigative personnel.It is recognized that there are two major classes of loyalty investigation. The first is the routine loyalty check of applicants for classified positions or of incumbents of such positions initiated in accord with Executive Order 9835. The second type is that in which doubt of loyalty of incumbents arises independently of the routine check. Procedures in regard to these two types must necessarily vary.I. Routine loyalty checks of employees stationed overseas.The Federal Bureau of Investigation will direct specific requests for the assistance of other agencies in handling the actual investigative work in accordance with the following principles:A. The Department of the Army, Navy, or Air Force shall be requested to utilize its own facilities for the necessary investigation of any of its own civilian personnel stationed outside the continental limits of the United States, Alaska, Hawaii, Puerto Rico and the Virgin Islands. The Federal Bureau of Investigation will continue to have the sole responsibility of conducting such investigation as is necessary within the continental limits of the United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands.NW 88326 DocId:32989603 Page 13
[124-10183-10279_multirif_redacted.pdf — page 13]
- 2 -involving civilian personnel of the Army, Navy or Air Force. The Federal Bureau of Investigation will refer to the appropriate agency all available material and will request investigation, and upon completion thereof, the reports should be furnished to the Federal Bureau of Investigation as provided hereafter.B. With respect to the necessary investigation of any of the personnel of other "Departments and Agencies stationed outside the continental limits of the United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands--1. Requests for such investigation of Federal civilian employees stationed in occupied areas or areas under military investigative jurisdiction shall be directed to the Department of the Army, Navy, or Air Force for transmission to the Theater Commander or Area Commanding Officer, who will utilize for this purpose any appropriate investigative facility of the United States available in his area of command.2. Requests for such investigation of any Federal civilian employees stationed in unoccupied areas shall be directed to the State Department for transmittal to its appropriate foreign office, which will utilize for this purpose any investigative authority of the United States available in that country, or, in case no competent investigative facilities are available in that country, the principal diplomatic officer shall refer the matter for investigation to the principal diplomatic officer stationed in a nearby country where investigative facilities are available.The reports of completed investigations shall be returned to the Federal Bureau of Investigation in response to its original request for assistance through the same channels utilized in transmitting the request for investigation, for consolidation with such material as the Bureau may have available in its files, or may have developed by investigation, and for further processing in line with the procedures which have been developed for carrying out the Loyalty Program.II. "Complaint Tyre" loyalty checks of employees stationed overseas.Such inquiries normally originate in the field and must be handled with the utmost possible dispatch. The agency in which the case originates will notify the Federal Bureau of Investiga- tion as soon as a preliminary inquiry in the field has established grounds for a full investigation. The Federal Bureau of Investiga- tion will immediately check its files and inform the field agency
[124-10183-10279_multirif_redacted.pdf — page 14]
of any dorogatory information which it may have on file. The Federal Bureau of Investigation will at once open a full field Investigation within the continental limits of the United States, etc., when such investigation is required by the availability of information within those areas. Completion of such investigation will be reported to the originating agency through hormal channels.A. The Departments of Army, Navy, and Air Force will utilise their own facilities for the necessary investiga tion of any of their own civilian personol stationsd outside the continental limits of the United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands.B. With respect to the necessary investigation under Class II of any of the personnel of other Eepartments and Agencies stationed outside the continental limits of the United States, Alaska, Hawaii, Fuerto Rico and the Virgin Islandai1. In occupied areas the Theater Commander will have full responsibility to utilise any appropriate investigative facility of the United States available in his area of command.2. In unoccupied areas the principal diplomatio officer will be responsible for utilizing any investigative facility of the United States which is available in the country of his jurisdiction, or, if there is no such investigative facility available within the country of his jurisdiction, he shall refer the matter to the principal diplomatio officer stationed in a nearby country in which investigative facilities are available.*The reports of completed investigation shall be forwarded to the Federal Bureau of Investination through normal channels.It is understood that the declaration of emergency, or the establishment of martial law within areas of the continental United States, Alaska, Hawaii, Tuerto Rico, or the Virgin Islands will have the effect fof making those areas "occupied territory," with the consequent application of procedures described in sections IA and BI and IIA above,The agrcexent which this memorandua serves to record has to do only with the establishing of a method of handling actual investigations in areas where the federal bureau of Investigation has no investigative fa.. cilities. Furthermore, the prodecures heroin crescribed do not rurport to limit in any way, or dolay the excrcise of, the authority possessed byNW 88326 Docld:32989603 Page 15
[124-10183-10279_multirif_redacted.pdf — page 15]
- 4 -certain Department and agency reads summarily to dismiss employees where necessary in the interest of National Defense.These Loyalty investigations should be given preferential attention and prosft handling in all instances.TUL. CLARKAttorney GeneralNW 88326 DocId:32989603 Page 16
[124-10183-10279_multirif_redacted.pdf — page 16]
Civil Service CommissionHonorable Philip YoungChairmanCivil Service CommissionWashington 25, D.C.Dear Mr. Young:As you know, subsection (d) of section 5 of Executive Order No. 10450 requires that there be returned promptly to the Federal Bureau of Investigation investigations conducted by all agencies under the order which develop information of the type described in the subsection. The subsection further requires the FBI to make a full field investigation in cases so reported by it. However, except as indicated below, it is not proposed to establish a program for administrative submittals to the FBI of data limitations on investigative qualifications, as this requirement was worked out in connection with administration of Executive Order No. 10450 with respect to determinations by the FBI in cases under the order. It is proposed that the procedures be continued in connection with favored actions to be carried out by the FBI under Executive Order No. 10450. These are as follows:(1) The FBI will conduct all necessary investigations in the continental United States, Alaska, Hawaii, Puerto Rico and the Virgin Islands.(2) The Departments of the Army, the Navy, and the Air Force will each use its own facilities to conduct investigations in connection with its own civilian personnel outside the areas listed in (1) above.(3) With respect to the investigation of civilian personnel, other than personnel of departments named in (2), above:(4) The issuing commander or high contracting officer will utilize any appropriate facilities domestic.NW 88326 DocId:32989603 Page 17
[124-10183-10279_multirif_redacted.pdf — page 17]
- 2 -facilitation of the United States available to him in an occupied area or in areas under military investigative jurisdiction;(b) In other areas the Department of State will utilize any investigative authority of the United States available in the country. Concerned. If no complete investigative facilities are available in that country the investigative facilities of the United States in a nearby country will be utilized by the Department of State.To repeat, the foregoing represents the arrangement between agencies with respect to investigations abroad carried out in the administration of Executive Order No. 9635, and accordingly the procedures utilized will merely involve continuing present practices. In the absence of any indication of disagreement with the procedure outlined above, this Department will conduct itself on the theory that they remain in effect.Sincerely,WILLIAM P. ROGERSDeputy Attorney GeneralIdentical letters to:Honorable John Foster Dulles,Secretary of StateHonorable Charles E. Wilson,Secretary of Defense
[124-10183-10279_multirif_redacted.pdf — page 18]
Mr. William P. RogersDeputy Attorney GeneralDirector, FBI# EXECUTIVE ORDER PROVIDING SECURITY## REQUIREMENTS FOR GOVERNMENT EMPLOYMENTApril 14, 1953Pursuant to your requests, memoranda dated February 4, 1953, February 26, 1953, April 6, 1953, and April 10, 1953, have been submitted to you containing observations regarding proposed drafts of the above Executive Order. Pursuant to the request of Mr. Edward S. Lazowska of the Department, who delivered a copy of a new draft of this proposed Order on the evening of April 13, 1953, the following observations are set forth for your information and consideration:In connection with the provision in paragraph 3 (a) which allows the Civil Service Commission, in certain cases, to authorize less than the minimum amount of investigation stated in this paragraph but which meets the requirements of the national security, it is felt that the Civil Service Commission must exercise extreme care to insure that any investigation authorized, particularly with respect to individuals who may have access to confidential information, goes, in fact, meet the requirements of the national security.In connection with Section 4 of the draft, your attention is invited to my previous observation that this Bureau feels it should conduct the additional investigation that may be appropriate only in those cases in which the purpose of the additional investigation is to develop information of a loyalty or subversive nature. In this connection it is observed that the provisions of sections 8 (b) and 8 (d) may be intended to accomplish this purpose; however, it is suggested that you may desire to have the order state more clearly regarding what agencies have the responsibilities to conduct the additional investigation requested in section 4.In connection with Section 5 of the draft, the thought occurs that its provisions as to what agency is required to conduct "such investigation as may be appropriate" may not be entirely clear. It is believed that the intent of this section is to provide that upon receipt by an agency of information necessitating investigation
[124-10183-10279_multirif_redacted.pdf — page 19]
by the Civil Service Commission or the employing agency, such information should be forwarded to the Civil Service Commission or the employing agency; that upon the receipt of information necessitating investigation by this Bureau, such information should be forwarded to this Bureau for a full field investigation. You may wish to give consideration to possible further clarification of this section.Regardin, the phrase "following such investigation and review as 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 occurs that it might be in conflict with other provisions in the draft which prescribe that in certain instances full field investigations must be conducted.In connection with Section 3 (5) it is noted that this section does not specifically provide for sympathetic association with individu members of the organizations referred to in this section. In this connection, you will recall that the attachment to my memorandum of April 14 1955, set forth observations of the Interdepartmental Intelligence Conference renerding the draft, one of which concerned a suggestion along this line.It is observed that Section 14 (a) authorizes the National Security Council to designate representatives of other Cepartments and agencies to furnish advice and to collaborate with the Civil service Conmission in connection with the Commission's study of the nenner in which the Order is inlenenied. we would appreciate any informsion regarding the extent representatives of this rea is ureau ont be expected to render advice and collaborate with the Civil cervice Commission.It would be apreciated if you could furnish the advice requested in my memorandur of sehrary 26, 1953, regarding your deaires as to this Burecu following the policy of channeling its investigative reports through the Civil service Commission to the departments and agencies concerned.It is noted that my previous menoranda raised the point as to what effect the cholishing of the Loyalty Review Coard might have on Exccutive Order. 10422. For your information, funds have beenNW 88326 Docld:32989603 Page 20
[124-10183-10279_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-
[124-10183-10279_multirif_redacted.pdf — page 21]
Deputy Attorney GeneralWilliam P. RogersMay 1, 1953Director, FBI# EXECUTIVE ORDER 10450# SECURITY REQUIREMENTS FOR GOVENT REUPLOYMENTIn 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 considerution for inclusion in the Security Regulations crown 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 specijy in the regulations that the Order covers only the Executive Branch of the Government."It is the understanding of this Bureau that the Civil Lervice Commission maintains a register of persons eligible for Government employment. In coinsction with this register, unser Secutive order 5 these names have been processed in a manner siniler to those of employees, and the adjupiccsion pace by the Civil Lervice Commission. Section 11 of the Crder states that uses being heard by regionci lovcity boards on the effective dote of this creer in which no sec10 Cepartment or crency is involves 871 0 Cismissed without preziice preze to use anglicant, ahle segtion,he relationc, lay affect the Civil Service CommissioPerister of altoinlessInformation should be, inclucea carising what agencies have investigative responsibility corose in connection with this Grаст. You wou desire to continue the arrangements per- fected under Ececutive order 5335 regarding this matter.3 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 Docld:32989603 Page 22
[124-10183-10279_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..........Kith 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
[124-10183-10279_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 stronly annosed to making copics of its reports, in whole or in port, available to individuals investigated under this Order, and considers it choolutely necessary that its reports be maintained in confitence. Of course, this Bureau does not object to the employee's being cavised, insofar as security considerations pernit, of that information in the reports which is considered necessary ary in connection with the charges against the employes.As you will observe, under Section 9(k) the employee could be furnished a copy of the complete record of the case. Such record nicht iclude confitential information in the possession of the boord von Security Constcerutions; do not pernit making available to the employee. In this connection, it is notce 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 Cepartment or agency) and one copy shall be sent to the suspenced employee."In addition, it is noted that the above provisions of Section O(k) are contradictory to the provisions of section 9(c) of the Order proper, which states that reports and other
[124-10183-10279_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 jorth, 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