woe ™ . £*CTION 87. SECURITY INVES TIGATT “AS e...... @ TABLE OF CONTENTS (I. Dissemination of Data Developed in Security Investigations ..esce.e 51 [ . POli CY ec cccecce reser sce ercve seers scceensevesvaseersecsecceves 51 ’ [ 2. Bureau requirements ceervescccccressscesesvcecorvsvecccccsssens 51 [ Ae Members of armed POPCES rc cccccccaccvccccccccsceceernsecssee. 52. [ b. Aliens and naturalized CAtLZeNnS.ceccerecesececcvsccvccens 52 A [ ec. Employees of or persons having regular access to key [ facilities or employees of plants having contracts with . [ military SOPVACES crv ove seceesces eserves eeneesuscssesces v . 52 if [ _G@. Employees of public utilities. ccc ccs cccccccccrevcsescses * . 52 . ' { @. Individuals on inactive duty who are members of or hold , E t commissions.in reserve branches or National Guard...... 52 ‘ [ ££. Seamen and subjects employed in maritime industry, ; . : t including longshoremen and water~front employees..cceee 52 “| “ g&. Employees of Federal Government within purview of : . . + [ Executive Order 10450... ccc ccc ec cence cece reece ceresesae - 520 ; f h. Individuals who own property or reside in immediate ; ; . f Vicinity of defense installation. rc .cccsccecccrecccsevee 52 “f i. Airmen issued certificates by Federal Aviation Ad- ; [ MENUS EVATLON. ceccvacvvcccn ccc cescrerccevcencsenevcscves ‘ 52 ; [ 3. Dissemination to Secret Service. .cecwcoccccrcsctccecseees 53° ; i k. Dissemination at Bureaisscesscccccccvcecccsccaccccceseves 53 | . 5-6 ° - 8-13-70 HW 55072 Doold: 32389525 Page 1386
an . | | . SE r 87. SECURITY INVESTIGATION Y ) 878 > STATUTES There are four principal statutes to consider in security investigations: Public Law 733 as implemented by Executive Order (EO) 10450, Smith Act of 1940, Internal Security Act of 1950 (ISA~50), and Communist Control Act of 1954, On occasion, other statutes may be applicable, such as seditious conspiracy, treason, fraud against Government, and Registration Act. 1. Public Law 733 as implemented by EO 10450 ° President, by Executive Order 10450, dated 4-27-53, established govern~ ment-wide employee security program, based on authority and approach set forth by Congress in Public Law 733, enacted on 8~—26~50. Section 8{a) of EO 10450 provides that investigations conducted pursuant to this order shall be designed to develop information as to whether em- ployment or retention in employment in Federal service of person being investigated is clearly consistent with interests of national security. Such information relates, among other things, to following: "Membership in, or affiliation or sympathetic association with, any foreign or domestic organization, association, movement, group, or combination of persons which is totalitarian, Fascist, communist, or subversive, or which has adopted, or shows, a policy of advocating or approving the commission of acts of force or violence to deny other persons their rights under the Constitution of the United States, or which seeks to alter the form of government of the United States by unconstitutional means," . Attorney General's part of employee security program consists of making full field investigations through FBI; maintaining list of totalitarian, fascist, communist, or subversive organizations; and giving agencies advice in establishing and maintaining their security programs. 2. Smith Act of 1940 (Title 18, USC, § 2385). Advocating overthrow of Govern— ment ve Smith Act prohibits knowingly advocating or teaching overthrow of Govern- ment by force or violence; publishing or circulating written or printed material with intent to cause such overthrow; attempting to organize group of persons who teach, advocate, or encourage such overthrow; and conspiring to commit these offenses. Penalty for conviction carries fine of not more than $20,000 and/or imprisonment for not more than 20 years and shall be inelegible for employment by U. 8S. or any department or agency thereof for five years next following his conviction. Decisions by Supreme Court on 6-7~57 and 6-5-61 established new evidentiary stand— ards, such as proof of incitement to action, which must be met by Govern- ment in future prosecutions under this act. . 3, Internal Security Act of 1950 eater 50, USC, §§ 781-816) Internal Security Act of 1950 (ISA-50) became effective 9-23-50. It gen- erally provides for registration of communist-action and communist front organizations; amends obstruction of justice statute; implements espionage and sabotage statutes and various immigration, and naturalization regula— tions; prohibits contributing to establishment of totalitarian dictator— ship; and provides for detention of individuals in case of national emergency. Act was amended 1~2-68 to delete requirement that communist organizations and their members register with Attorney General, a pro- cedure ruled unconstitutional by Supreme Court because it violated con- stitutional rights against self—incrimination. This manual section is limited to ISA-50 provisions pertaining to communist-action organizations, communist front organizations, contributing to establishment of total- itarian dictatorship, and detention of individuals in case of emergency. [oeen Wares Mf ea Xie Taner Kens Kanes Ucn sone X sams Comme Yocen Lamon Tanne Y oom X anon Xan Lame X toes User Uae Bees Wane cn nen Xana Uae doe tare oe Loe ee BB es oe De Dn aoe Lt Dt ene ee Dae Eee 0 eet Dn ne Toe oe De De Lett ee ee De ee 5 7 8-13+70 NW 35072 Doold: 3259595259 Page 1969 ‘ . OP MAL RCO PTL TU AERIS MEPS ETTTIT REO EER OYILETHELIPEN SON EE OENIORR DAS PRO PER LERCH NAY ETTON EET) PET EO POT EPATY W ETI D TI art vty TONY AT PPTL ESE 7 VENUE UIT WET  ENELES 1D Yee? Se See s ERGATA TAME NANI DTT PELL TEL EPL H QUE IMPLI NTI TTI OOO TY NO SSL TE VPI
87A , "eo 87. SECURITY INVES TIGATIO™7. a. Communist~-action organizations @ (1) Definition (§ 782) . Term "“communist~action organization" means. any organization in U. S. (other than diplomatic representative or mission of for~ eign government accredited by Department of State) which is substantially directed, dominated, or controlled by foreign government or forsign organization controlling world communist movement (referred to in section 781) and which operates pri- marily to advance objectives of world communist movement. (2) Factors to be considered by Subversive Activities Control Board (SACB) in determining whether organization is communist~-action organization (§ 792) . SACB considers relationship of organization under review to for- eign organization or foreign government described in above def-~- inition in regard to policies, activities, accountability, train~ ing received, financial support, concealment of foreign direction, and allegiance of its principal leaders to such foreign govern~ ment or foreign organization. : . be. Gommunist front organizations (1) _ Definition (§ 782) Term "communist front organization" means any organization in U. S. (other than communist-action organization) which (2) is substantially directed, dominated, or controlled by communist- action organization or (b) is substantially directed, dominated, or controlled by one or more members of communist~action organ~ jzation, and (c)} is primarily operated for purpose of giving aid and support to communist~action organization, communist for- eign government, or world communist movement. (2) "Factors to be considered by SACB in determining whether orgen-~ ization is communist front organization (§ 792) - SACB considers extent to which organization is managed and fi-- nanced by any communist-action organization, communist foreign government, or world communist movement. SACB also considers extent to which organization's policies are similar to and ex- tent it promotes objectives of any communist-action organization, communist foreign government, or world communist movement. — c. How proceedings are instituted (§ 792) When Attorney General has reason to believe any organization is com- munist-action or communist front organization, he files petition with SACB (and serves upon organization copy thereof) for determi-. nation that such is true by hearing before SACB. a. Findings of Board and publication of same (§ 792) If, after hearing, SACB finds (1) that organization is communist-~ action or communist front organization, it makes report in writing. of its findings and causes to be served on such organization an order determining organization to be communist~-action or communist front organization. Pindings of SACB are published in Federal Register and this publi-~ cation is notice to all persons that such orders have become final; records of SACB concerning such hearings shall be available to . public. . e. Employment of members; contributions of funds, services, or advice by Government personnel (§ 784) ; When there is in effect final order of SACB determining any organ- ization to be communist-action or communist front organization, it shall be unlawful . . , — 2. - WW 55072 Docld:32989529 “Page 1990 m k E f £ E E be E i 7 OR f i E E E F ETE TR LE ETERS FOF TALIA TENT FAIL IST TIO I SOLE LOWY St TANI CAT EM LENIENT EDTA STV OASUTUT TE RIA TET
o™, NW 55072 ‘ SECTION 87. SECURITY INVESTIGATIONS 874 \ 4 : (1) For any @.:.:: of such organization at Donreage or notioe of such final order: (a) to conceal or fail to disclose that he is a membér of such organization in seeking, accepting, or hold- ing any nonelective office or employment under U. 8.3; (b) to hold any nonelective office or employment under U. 8.3 (c) to conceal or fail to disclose that he is member of such organiza~ tion in seeking, accepting, or holding employment in any defense facility; or (aj to hold office or employment with any labor organization, as defined in section 2 (5) of National Labor Relations Act, as amended, or to represent any employer in any matter or proceeding arising or pending under that act. (2) For any officer or employee of U. S. or of any defense facility, with knowledge or notice of such final order of SACB: (a) to ; contribute funds or services to such organization; or (b) to ad~ vise, counsel, or urge any person, with knowledge or notice that such person is member of such organization, to perform or omit to perform, any act if such act or omission would constitute violation of any provision of paragraph (1) above. ?. (§ 789) Act requires any person acting for or on behalf of any organization ° for which there is in effect final order of SACB determining it to be communist~action or communist. front organization to label properly all publications transmitted through mail or by any means or inetru- mentality of interstate or foreign commerce, g. Emergency detention provisions (§§ 811-826) . Detention provisions include establishment of program for arrests of certain individuals, hearings after arrests, and right to judicial review in event of “internal security emergency." Criminal provisions make it unlawful in connection with detention provisions to resist arrest, knowingly disregard or evade apprehension, escape from confinement, or conspire with others to escape from confinement or detention, Vio~ lations also cover aiding or assisting in commission of violations mentioned above and willful interference with activities of any mem bers or agent of review board set up under detention provisions. Contributing to establishment of totalitarian dictatorship (§ 783) ISA-50 provides that it shall be unlawful for any person knowingly to combine, conspire, or agree with any other person to perform any act which would substantially contribute to establishment within -U. S. of a totalitarian dictatorship, direction and control of which is to be vested in, or exercised by, or under domination or control of any foreign government, foreign organization, or foreign individual. Maximum penalty is $10,000 or 10 years, ot both, and thereafter be inelegible to hold any office or place of honor, profit, or trust created by Constitution or laws of U. S. Statute of limitations is 10 years, except statute will not run on officer or employee of U. S. until after his employment has ceased. 4. Gommunist Control Act of 1954 Aot is divided into three measures: (a) termination of rights, privileges, and immunities formerly enjoyed by CPUSA and subsidiary organizations: (b) determination of membership in CPUSA and other subversive organizations; and (c) amendment of ISA-50, bringing within its purview communist~infil~ trated organizations, This manual section is limited to provisions per— taining to communist-infiltrated organizations (Title 50, USC, § 782). a. Definition of comnunist~infiltrated organization Term "communist-infiltrated organization" means any organization in U. $8. fofher than communist-action or communist front organization) which (1) is substantially directed, dominated, or controlled by individual or individuals who are, or who within three years have been, . actively engaged in giving aid or support to communist-—action organ~ ization, communist foreign government, or world communist movement, and (2) is serving, or within last three years has served, as means Lor giving aid or support to any such organization, government, or 9 8~13~70 Docld: 32989529 Page i591 Use of mail and instrumentalities of interstate or foreign commerce . APRON IVY BEET SON ARTERY PAM ATTN Ws TARE TELD UO EPPA TOTP BTS SATS ATAY ‘ , . ee TPRPTIMUAP IEA TN I MORAN COVES TOMES ETN UTE TULL IN PIO THESE PEN PARSER POE FM TD Dh gis cade EERE M PTUE mL DY ETERNITY SORT EIT LPT TE OP *