87.4 ry . s 7 , . ee ae eee ee Te ee Oe eB toes Ses Same Yen Yee Y naes r T s e ee nee hate Yoon A anm S snes noms Vaens Lanne Lee Fone, 1 inn Same 9 tas a an dt 1 nes 0 ah Xen eens Bates Fao 9 noes Use tne Xe Dae ne Yn Kee Dee ne Uae De De Vo ee ee Eo ete La HW 55072 Dood: 32389525 Page 1392 : - - ‘ ST-TION 87. SECURITY INVESTIGATIC movement, or (bv) impairment of military strength of U. S. or its industrial capacity to furnish logistical support required by its armed forcas. Provided, however, that any labor organization which is affiliate in good standing of national federation or other labor organizations whose policies and activities have been directed to opposing communist organizations, communist foreign government, or world communist movement shall be presumed prima facie not to be communist-infiltrated organization. . Proceedings when Attorney General has reason to believe organization is communist infiltrated He may file petition with SACB and serve copy on communist-infiltrated organization. He may join more than one organization as respondents to his petition. Hearings will then be conducted by SACB on evidence presented by Attorney General. SACB is. empowered to make finding that organization is or is not communist~-infiltrated, and within six months after an unfavorable determination organization may petition for a new determination. SACB is also authorized to notify National Labor Relations Board- (NLRB) of its findings and to publish findings in Federal Register. NLRB has power to deny organizations found to be communist infiltrated representation before it, and upon petition of twenty per cent cof membership of communist-infiltrated labor union to NLRB, that body may nullify rights of union to represent its members and call for election to determine new bargaining representative. Factors to be considered by SACB in determining whether organization is communist infiltrated (§ 792a) . SACB shall consider following: (1) To what extent, if any, effective management of affairs of organization is conducted by ona or more individuals who are, or within three years have been, (a) members, agents, or repre- sentatives of any communist organization, any communist foreign government, or the world communist movement with knowledge of nature and purpose thereof; or (b) engaged in giving aid or support to any such organization, government, or movement with knowledge of nature and purpose (2) fo what extent, if any, policies of such organization are, or within three years have been, formulated and carried out pursuant to direction or advice or any member, agent, or repre- sentative of any such organization, government, or movement (3) Yo what extent, if any, personnel and resources of such organ- ization are, or within three years have been, used to further or promote objectives of any such communist organization, government, or movement . : (4) To what extent, if any, such organization within three years has received from, or furnished to or for use of, any such communist organization, government, or movement any funds or other material assistance (5) To what extent, if any, such organization is, or. within three years has been, affiliated in any way with any such communist . "organization, government, or movement (6) To what extent, if any, affiliation of such organization, or any individual or individuals who are members thereof, or who manage its affairs, with any such communist organization, government, or movement is concealed from or is not disclosed to the membership (7) fo what extent, if any, such organization or any of its managers or members are, or within three years have been, knowingly engaged . (a) in any conduct punishable under § 783 or § 794 or under chapter 37, 105, or 115 of Title 18; or (b) with intent to impair military strength of U. S. or its industrial capacity to furnish logistical or other support required by its armed forces, in any activity resulting in or contributing to any such impair- ment . 10 ; "8-13-70 - ots a soo “~n » * . . . . . . . , . . 5 1 ; _ . . . — eRe TAT HA SEE MRA UO NERD UMOMTORL ITM UII WHEN LE PS ONE SUT? SNE TOP EL VENETO DE RATTLER NL ESS EME TIET TMP RN VOTE” EMULE LHCII RY ARTIST! ALR pete AEN EAT BAP CYT ZY EN CONT REPS SOW Ars ene peerage TRAN TES TCE ETN RT R TEU LE PV FOO OCT MAE TOREEIEN CURING THEN WENT FOO ES TR RUE I CNS EMOTE NSU REL TToETY:
toe F none 0 ee Ve sone Bones Sen Bene Beene 0 et A et ee 0 ee 0 oe Bn Yee Bees Ye coe Se 0 eet Be Bet 2 ee 0 oe Scot 0 ot ne Tt 0 tee ee ate Ot eee oe Eee ee Des Se ee ee 0 oe 0 ee 8 ee Be 0 oe ee Boe 0 ee ee ee 0 0 oe 2 | Bs 5. Ss “PION 87. SECURITY INVESTIGATIF — ; 874 Other statutes . Following statutes should also be considered in security investigations. ae NW 55072 Doold: 32989525 Page 1993 Fraud against Government (Title 18, USC, § 10021) This section includes possible fraud against Government violations through concealments or falsifications relating to subversive infor— mation. Violation must be presented to Department instead of local USAs for prosecutive opinion. They ordinarily involve execution of U. S&S. Government forms. Common violators are employees of private concerns having Governnent contracts who execute Government forms required for clearance for access to classified information. (See ‘section 47, volume II, of this manual.) Private correspondence with foreign governments (Title 18, USC, § 953) Prohibits U. 8. citizen from corresponding, without U. S.. authority, with foreign government to influence conduct of that government in relation to any disputes or controversies with U. S. or to defeat measures of U. 8S. Rebellion or insurrection (Title 18, USC, § 2383) . Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against authority of U. 8S. or its laws shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and shall be incapable of holding any office under U. S. Sedition (Title 18, USC, §§ 2387, 2388, and 2391) These sections penalize attempts to undermine loyalty, discipline, or. morale of U. S. armed forces. (See section 88, volume III, of this manual, ) ° Seditious conspiracy (Title 18, USC, § 2384) If two or more persons in any state or territory, or in any place sub- ject to jurisdiction of U. S., conspire to overthrow, put down, or to destroy by force Government of U. 8., or to levy war against them, or to oppose by force authority thereof, or by force to prevent, hinder, or delay execution of any law of U. S., or by foree to seize, take, or possess any property of U. S. contrary to authority thereof, they shall each be fined not more than $20,000 or imprisoned not more than twenty years, or both. : . Recruiting for service against U. S. (Title 18, USC, § 2389) Whoever recruits soldiers or sailors within U. S8., or in any place subject to its jurisdiction, to engage in armed hostility against the same; or whoever opens within U. S., or any place subject to its jurisdiction, a recruiting station for enlistment of soldiers and sailors to serve in any manner in armed hostilities against U. 8S. shall be fined not more that $1,000 or imprisoned not more than five years, or both. Immigration and Nationality Act of 1952, as amended by Expatriation Act of 1954 ° The 1952 act provides that national of U. S., whether by birth or nat- uralization, shall automatically lose his nationality if he is convicted of: (1) committing any act of treason against U. S., or (2) attempting to overthrow by force U. S. Government, or (3) bearing arms against U. S. Offenses committed subsequent to 12-24-52 where conviction is obtained make defendant subject to expatriation. Expatriation Act of 1954 provides for expatriation when subject is convicted for one of following offenses subsequent to 9-3-54: (1) violating or conspiring to violate Title 18, USC, § 2383 (inciting rebellion or insurrection against U. S.}; or (2) willfully performing any act in violation of Title 18, USC, § 2385 (Smith Act of 1940); or (3) violating Title 18, usc, § 2384, by engaging in conspiracy to overthrow, put down, or destroy by force U. S. Government; or (4) levying war against U. S. i. 8-13-70 am maneorpenameeimnen RAV LEr SEH PLE RL SP VITL INT ETRE EET AES AT SD PYRO TI LETT ETI YEE. AUT TEP EPS TEL TREO RTE SUT WT ONT OTT SY EELS, EO EI PET ACO PUY PP ANE PE TTT PY TRE SE OO ‘ ELL OF ABMS SALUTE ET LK ITI TT 1 ORM PEEP TAWA MPT VEE OST HAY ME VENT POUT
a “I w is ° . ‘ . ‘ Yous Naeem: Bonet Some 1 mee 9 neon 9 see Tomien Xone Sameer Danes 1 eet nett Tanne Soe Vinee: Fae Bt Tees ¥ aoe ee ame Sen oon Sone Bees Fee Bet Boot 0 oes See eee nee See oe et eee oe ee Dee ee Eee fe ee 2 ee ee Dee eee 0 Dee Dee De 0 ee 2 ot Do De oe ee ee ee ee a MW Sa072 INVESTIGATION OF COMMUNIST PARTY, USA: SOCIALIST WORKERS PARTY; REVOLUTIONARY-TYPE ORGANIZATIONS; FRONT GROUPS; NEW LEPT AND MESCELLANEOUS ORGANIZATIONS : 1. Purposes of investigation nN e “SEC © 87, SECURITY INVESTIGATIONS r) a. fo obtain legally admissible evidence for prosecution under existing Federal statutes b. fo obtain sufficient pertinent data to determine organization's character and permit implementation of EO 10450 ec. To obtain intelligence data in order to have day-to-day. appraisal of. _ strength, dangerousness, and activities of organization; and to keep _Departmant and other interested Government agencies advised Specific objectives should include: a. Development of -confidential informants at all levels of organization - - be. Coverage of all important ramifications of organization's activities c. Development of admissible evidence against organization's officials for violation of Federal laws Policy 2. Gensral (1) By Presidential directive 9-6-39, and subsequent restatements, FBI is charged with responsibility for coordinating all infor- mation regarding U. S. internal security. (2) FBI employees should not discuss communist or related investi- gations with any unauthorized individuals. This subject is not to be discussed in speeches of Bureau employees without specific authorization. However, mimeographed material, including speeches, testimony, and magazine articles prepared by Director, may be furnished without discussion to individuals interested. (3) Investigations must be conducted in most discreet and thorough manner. Members of law enforcement agencies are not to accompany Agents during security investigations without Bureau authority. (4) Established sources and informants who are students or employees at institution of learning, but who are not reporting on any campus activities or any matter pertaining to educational institu-- tion, may be contacted without Bureau authority. These contacts must be made away from campus. (5) No photographic surveillances are to be conducted in security cases without specific Bureau authority and then only when essential to protect Bureau's interest in internal security cases by supplementing informant coverage. In request for Bureau authority for photographic surveillance, outline manner in which it will be conducted and supervised. b. Established subversive groups (1) Keep Bureau currently advised by appropriate communication, and later incorporate in reports, all pertinent activities, including any changes in principal officers, structure of organization, an‘ forthcoming events. (2) If no specific leads outstanding, case may be placed in pending~ inactive status after submission of initial report. (3) Submit reports semiannually unless advised otherwise in gndivia- ual cases, c. Newly formed known or suspected subversive organizations, including those affiliated with new left movement . (1) When information is received concerning formation of group, immediately open case and advise Bureau. (2) Conduct sufficient inquiry through established sources to deter- mine character of group. (a) If further investigation warranted, submit report and there- after submit reports semiannually unless advised otherwise in individual cases. (o) If further investigation not warranted, furnish Bureau results of preliminary inquiry and reasons for this deter- mination by letter. Incorporate any pertinent information in form suitable for dissemination, 12 Docld:32989529 Page 1994 - 8-13~70 OTHER MARXIST “- “8 i k t 2 E E .-] H E if | EOC APT LAN PPR LBNL ERE MSRM TIINT AE RATA PY OS IIIT CNN ATER ETI DR UY MOTO RABE ANE TY PPR RNG TERN BONITO PN IETS ARLE UPS PL POY CY ESR PO PTO VIER TOUT PERG AE SMP YT LEP TE PUT PU ITT TY RE) ichbinabbit lass
NW 35072 S""TION 87. SECURITY INVESTIGATI“™S. 87B e 6 d. Political organizations (3) Obtain Bureau approval to institute investigation. Furnish all pertinent information re communist infiltration, influsnce, oc control of organization to Bureau by letter. e. Organizations connected with institutions of learning i} (3) (4) Conduct no investigation without prior Bureau approval. In raquest for Bureau approval, submit all availabis data and reason investigation is necessary. If Bursau authority. granted, it is permissible to contact all established reliable sources, including those in admin- istrative capacity with institution of learning. Complete justification must be submitted and Bureau authortiy obtained before conducting interview with student, gradnate student, or professor connected with institution of learning. 2. Legitimate noncommunist organizations which are communist infiltrated 3 (3) (4) (5) (6) (7) (8) (9) (10) Doold: 32989525 Conduct no investigation without prior Bureau approval. Investigations shoula be handled most discreetly by experienced Agents. : Advise Bureau promptly under caption "Gominfil (name of organiza- tion)" when one of following exists and include re comme nda ti on for instituting investigation: (2) Communist Party, USA (CPUSA) or other communist organization has specifically instructed its members to infiltrate organization. (bo) CPUSA members or members of other communist groups have infiltrated organization in sufficient strength to influence or control organization. * When advising Bureau, include following: a Name and address of organization b Extent of communist infiltration S Identities of CPUSA members or members of other communist groups and positions held in organization (a) List of informants who hold positions, are Members » or report on organization (e) Recommendation as to additional investigation Above instructions apply to local chapters or affiliates, as well as national organization. Break down information required under items (c) and (ad) above by local chapters where they exist. No informant or source should be instrusted by FBI to join or attend meetings. If CPUSA or other communist organization asks informant to do so, he should comply. No mamber of organization not already established source should be contacted regarding organization. This does not preclude. pretext interviews where advisable, Include in first paragraph of details of report basis for investigation and statement it is directed solely toward establishing extent of infiltration or that organization is specific target for infiltration, and that Bureau is not investigating legitimate activities of organization. Develop fully and include following in reyort: a Address of organization Dd Brief characterization of organization, including total membership c Principal officers of organization a Pertinent information showing communist objective is to infiltrate organization and influence its policy. Results of infiltration efforts, including communist affiliations of officers and members, Caption of all correspondence should contain "Communist Infil- _tration" preceding name of organization. If organization becomes complotely dominated and controlled by CPUSA or other communist group, submit recommendation to Bureau to drop "Communist Infiltration" from title and investigate as communist front. . 8-13-70 oe Page 1995 reper ee sce fet TNE RULER ANE RONAN NAF BETTY TS ek SPOTTY DSTO TUDE ITS AE NCTC DCRR IR CTE ERE LO OUT NAO PEM TELUN OE SY PE RIOU OT ENT! Se NNN IT A STEVE TY BP ACHE NEO RIOR DOA ETRE TR, 25 PTR RAPE he FY FEUER TTS | SOM ROTI EEE VENTA IN TTAI TPAR EET CHES 9 TTY 8 TOE TE I Oe