From: DELOACH, C. D.
Document date: 00/00/0000

## Page 1

File #:

62-114395

Serial Scope:

174-EBF

HH

55010

DocId: 32989600

Page 1

---

## Page 2

62-116395-1449-

100

enc

DRD: 1625/10/750

The Attorney General

UNITED STATEGOSENATE SELECT

COMMITTEE ON INTETLIGENCE

ACILVITIES

Ref made to memo from Senate Select Committee "đta

1/30/75 & appendices thereto rgsing certain dou-

ments & other info. Erom FBI.

Attached for ur

approval & forarding to Committee is original of

a memo which constitutes partial response to igat

sec forth in rirnco meno. Processing of addni.

rosts is continuing on expeditious basis; further

responses will be forthcoming

"Copy Öf meno for

Committee is being provided for ur records.

2190120

#MORIG

ALL INFORMATION CONIAINED

GREIN IS UNCUASSIBLE

ATE 12/27/00 BYS -2 ALMILT

HW 55010 DocId: 32989600

Paue

---

## Page 3

• SECTTAN

4. SURVEILLANCES AND RAIDS

4A

A.

SURVEILLANCES IN GENERAL

The maintenance of surveillances requires the use of the utmost discretion;

..common sense, and good judgment on the part of the SAls and the Agents'.

Arbitrary rules cannot properly be laid down or adhered to for this type

of investigative procedure.

S22222

nowever, which can be applied to various types of surveillances.

A surveillance is an investigative technique just as intertiews, collecting

..of evidence, and conducting raids are investigative techniques,

course, practical experience in this particular activity is the best

Surveillances are expensive in that they cause the tying up of manpower and

should not be resorted

to unless results can reasonably be expected.

In surveillances in cases of major importance SACs should assume personal,

on-the-scene supervision and not delegate such command to subordinates.

If a sufficient reason exists to prevent the SAC from being personally

• present at the scene of a major surveillance,

the ASAC must be in command.

SAC must assure himself that all physical surveillances comply wiüh

Bureau instructions, and are being given adequate supervison.

5.

FBI employees other

than Agents must not be used on surreillances

without specific Bureau authority.

rovide agents wiüh explicit instructions on each physical surveillano

in which they engage.

Isent personnel participating on physical surveillance:

should be orally advised concerning the duties to be performed in

connection with such surveillances and should not be permitted to

with them any written

surveillance schedules.

If it is necessary to utilize

code words for commun: cations over Bureau radios,

the approved list of

code words il too long to be remembered may be furnished to the Agent

driving the car but should not be removed from the car during the course

of the surveillance.

When the surveillance has been concluded,

of code words

should be returned to the supervisor in charge of the

7.

surveillance.

All written data of any kind relating to physical surveillances nust be

turned in by the Agents preparing or utilizing same to the field office

at the conclusion

of each day's tour of duty.

In some instances

Agents will complete their tour of duty on physical surveillances outside

their headquarters city, and in those cases it will not be possible for

any written data they may have to be immediately turned in to the field

ofiice.

However, in such situations, the Agents will be hold personally

responsible

for safeguarding any such written data until such time as it

can be returned to the field office. In addition, all such written data

relating to physical surveillances

must not contain anything which would

indicate to any persons unauthorized to have it that the data relates

to physical surveillances.

8.

In every security case involving a subject who has been apprehended for.

a Federal violation within our investigative jurisdiction,

the office

of origin is to make recommendations to the Bureau concerning the

necessity for physical

surveillance coverage of the subject who is free

on bond while awaiting trial or pending appeal following contiction.

The office of origin is to closely follow the appeal proceedings of

security subjects, making arrangements with

the Washington Field Office

necessary, in order that the office of origin

can be assure that it is instantaneously notified of any court decision

affecting the merits

of the appeal.

The office of origin is to promptly

notify the Bureau in

such instances, making recommendations for any

changes in the

coverage

of

the subject and whether physical surveillance

should be utilized until he is committed to custody.]

EMORIE

AIL, INFORMATION CONTAINEI

FREIN IS UNCLASSIFLED

DATE 12/21/00 BYSP FALMIG

HH 55010 DooId:32989600 Page 3

8-76-62

---

## Page 4

4B

SECTI

4.

SURVEILLANCES AND RAIDS

B.

TRAINING

Afford adequate indoctrination and training to Agents assigned to physical

surveillances

prior to utilizing them.

Training should encompass complete:

review of pertinent portions of manual and other relevant material and

: - discussion of desirable and undesirable techniques.

Discussion should

a.

Rotation of automobiles,

of variety of cars,

changing license tags

Parking in one place too

long, parking where subject

can observe,

parking in restricted areas, parking surveillance cars in vicinity

Bureau office, several Agents

sitting in parked cars for extended

Point out value

radios and fixed

observation posts in aiding with

parking problems.

= i

d.

Cover alertness re

countersurveillance, attempts of subject to discover

surveillance, operation of other physical surveillances, persons

attempting to

take license numbers.

e.

Discuss conditions peculiar to your

territory affecting physical

surveillances,

2.

Complement training in offices having full time surveillance squads with

conference every two weeks.

Conference to include new developments and

pertinent instructions.

C. REASONS FOR CONDUCTING SURVEILLANCES

The purpose of the surveillance is an important factor to keep in mind

times, and the Agents assigned to surveillances must know the purpose

function efficiently.

The Bureau surveillances usually have

for their purpose one or more of the following:

The location of fugitives through the

surveillance of relatives or

Surveillances conducted to cover pay-offs in extortion cases

Surveillance of subjects or suspects in

espionage,

sabotage, or other

national defense cases to observe their activities

and ascertain the

identity of their

4. Surveillances conducted at the request of other governmental departments

D. TYPES OF SURVEILLANCES

1.

Fixed surveillances

These are surveillances often referred to as plants, where the Agents

are stationed'in one location and usually involve the surveillance of

a place to determine the activities and

the identity of persons going

in and oui of the premises under surveillance.

2.

Mobile surveillances

This is a moving surveillance where the Agents are moving about on foot,

by automobile or on trains, airplanes, or other means of

transportation,

surveilling subjects or suspects in Bureau cases.

These types

surveillances may be broken down into the following categories:

2..

Close surveillances

Where it is necessary to keep the subjects

or suspects under

surveillance at all times

and where it may involve

considerable

activity to locate the

subjects or suspects again if they are

lost.

-=

b.

Loose surveillances

All surveillanes which may be conducted as spot checks to

determine the contacts and activities

of the subjects

or

suspects and where it may be proper to drop the surveillance

temporarily rather than risk the chance of being "made."

This

type of

surveillance is sometimes desirable in very discreet

investigations involving subjects

whose habits and contacts

are so well known that they can be readily located again if

it becomes desirable to drop the surveillance temporarily.

HW 55010 DooId:32989600 Page 4

2

---

## Page 5

SE

4. SURVEILLANCES AND RAIDS

4E - G

E.

Habbu

F.

G.

SURVEILLANCE EQUIPMENT

The equipment used on surveillances will depend upon the type and purpose of.

the surveillance.

examples illustrate some of the uses of

technical and other equipment on Bureau surveillances.

Firearms, restraining devices, and lighting equipment on fugitive

surveillances

Surveillances in extortion cases often require a great variety of equip-

including radio,

lighting equipment,

decoy packages,

signaling devices, binoculars,

as well as firearms and restraining devices.

Automobiles are essential in practically all types of surveillances and

should be taken to insure that the cars used are not conspicuous

and are speedy enough to follow the vehicles driven by the subjects or

suspects in the case.

Consideration must be given to changing automobiles

and or license plates.

Photographic equipment

can be used in practically all types of surveil-

In this connection, the various.

types of still- and, movie-

camera equipment that the Bureau has available and which are described

elsewhere in this manual should be kept in mind.

Radio equipment can often be utilized

to advantage on surveillances;

however, care must be taken not to utilize such equipment if it will

attract attention by being conspicuous.

Although cash is not ordinarily considered as equipment, it is very

essential that the Agents on surveillances provide themselves with

sufficient cash to enable them to operate without the use of credit cards

and in some cases GTRs.

A supply of small change is essential,

especially nickels and

dimes, for use in making phone calls at unusual

17.

Special surveillance devices for major cases can be built by the Exhibits

Section in conjunction with the FBI Laboratory when time permits.

requesting

such devices, include photographs, measurements, and other

informative data which

will be needed to

build the items.

Full justifi-

cation for the request must be included.

DRESS OF AGENTS ON SURVEILLANCES

It is extremely important that Agents on surveillanoes dress in such a

manner so as not to attract attention by looking out of place in the areas

where they are working:

They should at all times try to blend into the

background and make themselves as inconspicuous as possible.

This may

involve wearing sweaters, slack outfits,

or overalls in

some situations and

in others may even require the wearing of formal attire.

KNOWLEDGE OF THE SUBJECT UNDER SURVEILLANCE

Agents on surveillances should familiarize themselves with the file of a

case and utilize every other possible means of

obtaining a knowledge of

the subject that they are to have under surveillance.

Agents going

on a surveillance to relieve other Agents should, wherever

possible,

opportunity to talk with the Agents who have previously

worked on the case

information as to

physical characteristios, as well as his habits,

recreation, and business

contacts,

since this will

enable them to

more intelligently carry out

their

assignment.

3

11-13-59

НН 55010 Do0Id:32989600

Page 5

---

## Page 6

I

SECTION

SURVEILLANCES AND RAIDS

ACTIVITIES OF AGENTS ON SURVEILLANCES

I. It is of paramount importance that Agents on surveillances aot perfectly

natural at all times.

Any indications of self-consciousness or unusual

aotions or appearance of the Agents will, of course, assist the subject in

verifying any suspicions he may have that he is under surveillance.

20

Agents on surveillances must be constantly on the alert for countersurveillances

on the part of accomplices of the subject.

For example, when a surveillance

is being conducted on foot, it is desirable to have one

of the Agents walk on

the opposite side of the street from the subject in order that he might be in

a position to observe any countersurveillance activities on the other side of

the street.

Agents on fixed surveillances must, of course, always be on the

alert for microphone plants and taps on the telephones being used by the

3.

The use of contacts,

sources of information and confidential informants

should not be overlooked by the Agents

on surveillances.

example,

the event a subject registers in a hotel, considerable information can be

obtained among the employees and management of the hotel if informants have

been developed among them.

4.

Agents on surveillances should constantly keep in touch with thelsupervisor

(sac in cases of major importance Jin order that he might be continually

informed of the developments in the case.

It is extremely important that

Agents immediately communicate with

the[supervisor (or SAC) ]when the surveil-

lance is lost by one particular Agent in order that this Agent might be able

to catch up with the surveillance again the next time the Agents who are

following

the subject call in

The importance of the coordination of the

Agents working on the surveillance with the[supervisorlby means of telephone

and in some instances radio,

cannot be over-emphasized, and in order that

this might be effective,

is necessary for the Agents working on the surreil-

lance to be in communication with

the[supervisorlas frequently as this can be

done without attracting attention.

RENTING OF PREMISES FOR USE IN FIXED SURVEILLANCES

Fixed surveillances from automobiles parked on the street are usually good

for only a few hours

due to the faot that the cars become conspicuous.

2.

Prior to renting quarters,

care must be taken to first ascertain the

reliability of the owner of the property by a discreet inquiry

3.

4.

Where the reliability of the owner is questionable or when other ciroumstances

indicate that such a procedure is desirable.

a pretext should be used; how

ever, the Agent developing the pretext should be careful not to evolve some

situation which might be even more embarrassing than the truth.

such use

of pretext requires careful thought and planning.

In many instances the

Agent must disclose his official

identity in order to obtain suitable

quarters for the surveillance; however,

in such instances, the intimate

details of the surveillance and the case under investigation should never

be disclosed to the person contacted no matter how reliable he may appear

to be.

When quarters are rented for a fixed surveillance, telephones should be

installed in order to enable the Agents on surveillance to communicate with

the office and with the Agents on the outside.

7-13-55

WW 55010 DocId: 32989600 Page 6

---

## Page 7

SEC

ON 4. SURVEILLANCES AND RAIDS

5.

6.

7.

The Agents on a fixed surveillance should use extreme caution to prevent

fire hazards.

Their personal habits and conduct should be such that there!

will be no rause for complaini from neighbors or those from whom the

property is rented.

The arrival and departure of Agents assigned to the surveillance should be

arranged at a time when there will be the least possibility

of

arousing

suspicion on the part of subject or other persons in the building.

Agents

going to and from

the premises must be constantly on the lookout for

countersurveillances on the part of subject or his accomplices.

All Bureau property taken to

the place of a fixed surveillance

must be

completely inventoried.

This action should be done before the property is

moved into the quarters to be occupied. When such property is removed, or

when the surveillance is abandoned, the property removed must be checked

off the inventory.

With the abandonment of such a surveillance, a thorough

and detailed search of the premises must be made to prevent the

property, or the subsequent identification of Bureau Agents through

the tracing of such property.

Serial numbers and other identifying informa-

tion should be removed from such equipment before it is taken to the prem-

ises

being used by the Agents

on the surveillance in order to preclude any

• possibility of such equipment being traced back to the Bureau.

work papers, scratch pads, carbon papers, or the personal effects of an

Agent

from which an identification can be made shall not be abandoned at

any time in or near the quarters used for a fixed surveillance.

J. SURVEILLANCE SUPERVISION

Designate Agent to be responsible for on-the-scene coordination of each

This Agent is responsible for insuring that

logs are submitted on a daily basis by each participating Agent and for

keeping SAC or supervisor immediately advised of all major developments.

AJ1 Agents must

assure themselves that the SAC is kept informed.

designated Agent must be advised by supervising official on a continuing

basis of all information pertinent to the surveillance.

Surveillance logs must be reviewed and coordinated on a

daily basis by

appropriate supervisor.

After review, log must be furnished promptly by

supervisor to substantive case Agent for action.

SAC must immediately advise Bureau of any development of major importance

or potential embarrassment.

Advise SAC (and through him Bureau) of any

situation where surveillance is "made" by subject.

K.

SURVEILLANCE LOGS

1.

Each Agent participating in physical surveillances (in all criminal-type

cases

and in security

cases where the activity observed might result in

prosecutive action shouldlmaintain separate surveillance notes in the

form of a log reflecting in chronological order only his pertinent

observations noted during tour of duty.

Entries noted on these logs

should be made as original entries whenever possible.

If physical cir-

cumstances prevent recording directly to a surveillance log, appropriate

entries

should be made on the log at the earliest possible moment.

notes necessary to support subsequent entries on logs and essential to

an Agent's recollection should be retained and attached to the

10g itself.

This log and any. notes used

to compile it are to be retained

permanently so that an deat testilvine to a surveillane wills are

necessary, produce and refer to only his own original notes.

to be submitted to the office immediately upon conclusion of each day's

tour of duty..

Each participating Agent should sign the last page of his

log utilizing his Bureau name.

[Keep in mind that Agents' individual

surveillance logs and notes used to prepare these logs may be produced

in court.

Accordingly, it is

essential that their physical condition

and contents be above criticism or doubt.]

5

1-13-58

HH 55010 DoOId:32989600 Page

7

---

## Page 8

ION 4. SURVEILLANCES AND RAI

• 4K

2.

[

3.

4.

[

In security cases only, when the activity observed

on a surveillance

•Is not believed to have prosecutive possibilities,

lance log may be submitted.

a composite surveil"!

This log should[list, lin chronological

order, the results

day's surveillance

for each subject.

Agent is to place his

initials opposite those entries( showinglhis

personal observations and is to affix his signature at the end of

Administrative details concerning a particular surveillance shoula

set forth

in a cover sheet attached to the composite log.

It is not

anticipated that a composite

log will be produced at a trial; however, it

is possible that some activity observed, although not appearing at the

to have prosecutive ramifications, might, at a later date,

have such

possibilities requiring the production

of a composite log.

fore, essential that

the physical condition and contents of composite

be above criticism or doubt.

Individual surveillance logs and

composite logs should be nade on lined,

white; letter-size tablet paper, preferably in ink.

Title should read:

Physical Surveillance of:

subject).

second line show date;

surveillance extends

beyond midnight, show both dates. On the third

line indicate location. Number pages.

Start entries on next line below title. Never leave blank lines between

First time entered will

be time surveillance commenced.

If subject is not observed, entry should show:

18:00 a.m. to 5:00 p.m.-

subject not observed this date."

Show reasons for discontinuing surveil-

lance on

Cover sheet may be used

on continuing basis for

administrative data.

If you wish to use cover sheet,

form for approval. Cover sheet should contain only administrative infor

In security cases,

when individual logs are submittedl showinglactivity

which might result in prosecuiion,

an administrative

composite log[mayl

be prepared listinglin. chronological order

surveillance on eacn individual.

Entriest showinglan Agent's observations

are not to be initialed by him nor is each participating Agent to sign the

logs will not be introduced in court

will be prepared for administrative use only and to facilitate reporting

and channeling information.

these composite logs should be filed

separately and apart from the original logs.

Separate subfiles. may be

utilized for this purpose.

cases, composite logs may be

compiled it circumstances in individual cases warrant.

5à

4-13-64

NH 55010 DocId: 32989600

Page 8

---

## Page 9

4L - M

SEO

ON 4.

SURVEILLANCES AND RAIDS

M.

PLANNING SURVEILLANCES IN ADVANCE

1.

Certain types of surveillances,

such as the surveillance of pay-off spots"

in extortion cases, can and must be carefully planned in advance and

each

of the Agents assigned

to

the surveillance should

know exactly what his

duties are and just what is expected of him in this particular assignment.

A careful survey of the pay-off spot should, of

course, be made in advance

and the details of the location and the surrounding terrain explained to

the Agents by blackboara diagrams or other illustrative methods.

2.

In other types of surveillances, certain problems arise again aud again

which can and should be planned

in advance.

For example, the problem of

taking over a surveillance at a railroad station comes up very frequently

in most field offices, and are is no reason why detailed plans cannot be

worked

out in advance and discussed at Agent conferences so that all the

Agents in the office will know the details of such plans.

The same pro-

cedure should be worked out for handling surveillances at airports and bus

terminals, as

well

as

other surveillance problems peculiar

to

the particular

field office, such as handling surveillances on subways, ferry boats,

tunnels, and

other means of transportation.

RAIDS IN GENERAL

assignment arises

in which the practical application of

firearms might be reasonably anticipated, the SAC must personally take

SACs must

assune leadership

in raids or arrests where firearms

might be

used and in major cases

great importance even though there

no indication that firearms might be employed.

Unless energency

conditions prevent prior notification, the SAC or person acting in his

absence must be innediately notified when such a situation arrised

before

action is taken toward apprehension.

The Bureau should

by

teletype or

telephone of the name of the official who will be in charge

of the dangerous assignment.

If the SAC or ASAC will not be on the spot

in charge, sufficient

explanation should be outlined which will indicate

the reasons for the inability of the above-named official's participation.

2.

If a major case is being investigated involving the hot pursuit of fugitives

which requires a concentration of Agents,

it is incumbent upon each SAC to

arrange

for 24-hour coverage in the resident agencies in his

territory where

the activity is such that it can be expected

there will be numerous phone

calls and contacts from co-operative citizens and other law enforcement

personnel.

Where necessary, male clerks may be utilized to effect such

coverage.

No such coverage should be initiated without Bureau authority.

A raid is an offensive type of operation characterized by the suddenness

of its delivery.

The purpose of conducting raids is usually to apprehend

individuals or

search premises.

No two raids if planned to best advantage

will be conducted exactly the same.

characterize well-planned operations of

Ho erer pe foLlowing eLements wiza

a. Speed

b.

Surprise

c.

Simplicity

la.

Safety of all personnel

e.

superiority of manpower and firepower]

5-14-73

NH 55010 DocId: 32989600

Page 9

---

## Page 10

SECTIOI

SURVEILLANCES AND RAIDS

4N

PLANNING RAIDS

Every raid should be carefully planned in advance to insure the greatest

laotor of safety to the raiding party and innocent bystanders,

prevent the escape of the persons sought.

2.

One individual designated as a raid commander should be responsible for

planning and conducting of the raid, and it is his responsibility to see

that all members of the raiding party are aware of the parts they are to

take in the raid and he alone should be charged with the duty of changing

plans and issuing orders as the situation may

3.

As careful and detailed reconnaissance as

time permits should be made of

the vicinity of the place to be raided, noting all avenues of escape,

as doors, windows, skylights, fire escapes,

streets, alleys, and roads.

A neighborhood investigation may be necessary at times to determine whether

confederates of the person being sought may be residing near

to be raided. During this investigation

it can be determined whether

Agents could be stationed in neighboring

homes or apartments.

diagram should be prepared following this survey and should be shown to

the Agents participating in the raid.

4.

On the basis of the information available, the raid commander must deter-

mine the number of persons to be in the raiding party,

the time when the

raid is to be conducted, the equipment necessary, and issue instructions

so that each individual

Agent on the raid will know exactly what is ex-

pected of him and just what action he should take under circumstances

which can be readily foreseen.

In planning raids, the following questions

must be determined by the raid commander:

Number and

selection of raiding party

The party should include only Agents who are properly qualified

in handling firearms; in the event local officers are needed to

assist, these officers should have the same qualifications.

the Agents and officers on the raid should know

other so that they will be able to recognize each other under

emergency circumstances.

The number of men needed on a raid

depends on the circumstances.

The raiding squad should be

divided into such groups as are necessary in conducting

These groups should be instructed in their duties,

certain of them being informed of the fact that they will enter

the premises to make the arrest and others will be charged with

the responsibility of

covering

this activity in order to prevent

the escape of the subject,

and also for the purpose of neutralizing

any hostile gunfire by persons in the house.

It will be the duty

of the covering Agents to prevent escape of

the individual sought

in the event he emerges from the house after the raiding party

(1) This will depend on the habits of the individuals sought and the

information available

as to their activities or possible future

plans.

In the event it is necessary to conduct the raid in the

night,

the necessary lighting equipment should be available.

Usually it is lound desirable to conduct raids shortly before

dawn as this permits the Agents to take their places under

coTer

of darkness

and as the daylight comes permits the observation

of the place and occupants during the raid.

d.

Raid orders

are issued by the raid commander who will advise each

Agent or officer

on the raid

specific duty.

He will,

course, jurnish all o! the information available concerning the

persons to be apprehended to the members of the raiding party.

7

6-13-61

HH 55010 DocId:32989600 Page 10

7

---

## Page 11

• SECTION

SURVEILLANCES AND RAIDS

d.

The equipment to be used will be determined by

the raid commander and

will depend upon the circumstances of each particular case.

Obriously

high-powered rifles cannot be used in congested areas and the type of

Lirearms used will conform with the location of the place to be raided

the proximity of neighboring houses and buildings.

ment, including firearms, handcuifs, leg irons,

electrical and technical

equipment, should be inspected by the raid commander or an

designated Special Agent prior to the raid.

ularly alert to display suitably their identification, either by means

of arm bands or badges, especially at all times when

they are moving

about in the possession of exposed firearms.

Consideration should be

given to using arm bands and pass words to identily Agents on the raids

and Agents sould display badges prominently on the outside of their

Of course, all automobiles used in the raid must be filled

with gasoline and oil and be in perfect running condition.

e.

[Each office is to maintain a supply of arm bands in sufficient quantity

to provide 50% of the Agent personnel with

An assembly point should be designated near the place which is to be

raided where all Agents can assemble just before the raid for final

instructions prior to proceeding to their positions.

In the event the.

place to be raided is

near the field office, it would not be necessary,

but where the objective to be raided is some distance away, an assembly

point should be used.

Of course, the assembly point must be sufficiently

far from the sene of the raid to preclude the possibility of the sub-

jects' being warned

of the proposed raid

by this

assembling of Agents.

Every effort must be made to avoid having our investigative operations

and the activity of our personnel become obvious to newspaper repre-

sentatives, photographers,

and idle curiosity seekers.

A location should

which will prevent concentrating the personnel in central.

and public places. The Agents should not arrive in a group but

singly or in pairs and avoid attracting attention to their movements.

When carrying firearms,

such as machine guns or shotguns,

the departure

from the Bureau headquarters or wherever

a temporary headquarters may

be looated should be by rear or side entrance and such movement should

• not be a group departure which will give the appearance a mass raid

is about to take place.

APPROACH TO THE PLACE TO BE RAIDED

The exact manner in which raiding Agents and cover Agents should approach

the place to be raided depends upon the type of place raided and the

surrounding territory,

In any event the approach should be made in such

a manner as not to warn the occupants of the raid objective before all

of the Agents are in their proper positions.

This may involve in some

cases leaving automobiles at a distance and

approaching the place to be

raided on foot.

When automobiles are so left, they should be securely

locked and in many instances it may well be part of the raid plan to have

these cars used for the purpose of blocking roads and other exits from the

place to be raided. When it is necessary to use a large number of

mobiles to conduct a raid, these cars should not proceed from the Bureau

office or garage in a caravan

and should not collect at any given point

near the place to be raided at any appreciable length of time prior to

the time the raid is to be conducted.

Large nunbers of sinilar cars

closely following each other during unusual hours will attract attention,

resulting in reports to the local police.

Rather than, this,

the Agents

should be required to set their watches before leaving the

Care should be taken to make as little noise as possible.

of automobile doors should be particularly guarded against.

Prior to giving the signal for the beginning of the raid, the raid commander

should know definitely that all of the men are in position and have had

an opportunity to make use of whatever natural cover is available.

8

6-13-61

HIH

55010 DooId:32989600 Page 11

---

## Page 12

SEC

ON

4. SURVEILLANCES AND RAIDS

4P - Q

P.

ENTERING THE PLACE TO BE RAIDED

• 1.

.....

Raids may begin by a signal from the raid commander to the occupants of !

the place being raided, advising them

of the official identity of the

raiding party and requesting their surrender.

Sometimes this can be

•accomplished by a telephone call and

in other instances it will be necessary

"i'', to shout to the occupants of the house from the outside, attract attention.

by blowing a whistle or some similar method.

Many raids of premises,

however, are begun by the raid commander,

after providing for appropriate

outside protection of the

premises,

approaching the front

demanding entry after making his prosence and official capacity known.

Both the raiding Agents and the covering Agents must utilize all natural

available during the approach to the place to be raided and during

the raid.

Cover not only protects the Agents from hostile gunfire but

their movements and whereabouts so that they cannot be observed by

the occupants of the house or place being raided.

Il the subjects in the house being raided do not

surrender and are known

to be dangerous and desperate characters, tear gas should be utilized to

force them out of the premises.

When this is done, the raiding Agents

will have to wear a gas mask when entering the building after the raid is

Even though subjects emerge from the house

after the gas is used,

Agents ontering the house thereafter should use extreme caution to guard

against surprise attack by others hiding in the house whose presence was

not contemplated.

In any raid the

participants should clearly identify themselves as Special.

Agents of the Federal Bureau of Investigation to all persons in the place

being raided and those nearby so that no claim can be made by subjects that

they were being hijacked by other gangsters.

Identity should be made known

verbally by a loud

clear statement on the part of the raiding officers that

"We are FBI Agonts,"

or "We are Special Agents of the FBI,"

display of badgos.

Q. DUTIES OF COVERING AGENTS

1.

The primary dutios of covering Agents are to cover the approach of the raiding

. Agents to the house and prevent the

escape of persons sought.

Ordinarily no

Agent should fire unless he observes someone firing out of the house.

?. When persons are seen emerging from the house, they should be advised

raiders'

identity and called upon to surrender,

If, however, they come out

of the house shooting, the covering Agents should immediately return fire.

3. It is the duty of covering Agents to guard against possible attack by con-

foderates of the occupants

of the raided house who may come up from the rear

either to assist the subjects in the house or possibly due to the fact that

they are unaware that the raid is in progress.

The covering Agents must also

guard against the possibilities of accomplices residing in adjacent houses

or apartments.

4.

It

should be realized that raid commanders assign sufficient personnel

......

to all areas outside the premises to meet any

reasonable emergency that

may arise.

Members of a raiding

congregate when any

activity

should not leave their posts and

arises.

In doing

previously assigned to the Agents will be left unguarded,

and in the event

of shooting, it

is highly possible that some

of the Agents may find them-

selves in the cross fire of other Agents.:

9

8-14-67

H# 55010 DocId:32989600 Page 12

---

## Page 13

4Q

SEC

4.

SURVEILLANCES AND RAIDS

R.

5.

The covering Agents should remain at their positions of duty until the raid

commander instructs them to leave.

6.

When possible, covering Agents should locate and disable automobiles of the

occupants of the house

as soon as possible after arriving at their posts in

to hamper the escape of the occupants should this be attempted.

7:

The raid commander should give consideration and make any necessary plans in

connection with the notification of police that a raid is in progress when

the circumstances appear to make such action advisable:

ACTION TO BE TAKEN AFTER THE RAID

1. [Deleted]

2.

All persons apprehended during a raid

should be taken under proper guard

to the place where they are to be detained.

Where the possibility exists of other members of the subject's gang coming

to the house that has been raided,

a sufficient number of Agents properly

should be left in the house

These Agents must conduct

themselves in such a manner as to not arouse

suspicion and warn confederates

of the apprehended persons that the former occupants are no longer there.

4.

All raids should be conducted as secretly as possible and without resulting

in undue publicity.

The names of participants in a raid should not be

• disclosed without prior Bureau authority.

Should anyone be killed during

a raid and inquest by local authorities is necessary, arrangements can

usually be made for one or two Agents to testify for the entire raiding party.

5.

Agents on a raid

should never indulge in promiscuous shooting and should

constantly bear in mind the Bureau's rule that Agents should shoot only in

self-defense.

S. BLOCKING OF ROADS

Several situations may

arise which will require that one or more roads be

The purpose

of this procedure will largely determine the methods to

be employed.

There are set forth below several suggestions as to effective

blocking roads.

To block roads for

the purpose of inspecting automobiles.

persons who may be leaving a particular area most effectively, a

blockade should be provided allowing only one-way traffic in a

The point selected should be located where natural cover is

afforded for the Agents engaged in this work, such as where a roadbed

is cut through a hill or where concrete abutments or bridges are available

for cover.

Consideration should be given to locating the point of

blockade at a place where it cannot be observed from a distance and

thereby enable the approaching cars to turn around and go back without

approaching the blockade.

Wooden barricades and stop signs can be

utilized in telling the

vehicles to travel in

one lane.

Several cars

should be permitted to pass through one direction and then several from

the other direction so that the traffic will not be unauly delayed. In

addition to the Agents working at the point of blockade, other Agents

should be stationed at points

considerable distance from the barricade

up and down

any vehicle

which may attempt to turn around

go back when they

observe

the barricade.

10

8-13-69

HH 55010

DocId: 32989600

Pae 13

10

---

## Page 14

d..

e.

f.

SECI

N

4.

SURVEILLANCES AND RAIDS

4S

To block a road

and stop a specific automobile can be done by selecting

a point in the road which is relatively narrow and extending a rope or

cable across the road with a stop sign attached to

the center.

of the rope or cable can be fastened to a tree or some other similar

object on one side of the road and the rope then laid flat across the

road and the other end wrapped around a tree or pole in such a manner

will permit the rope-to

be pulled taut across the road and securely

lastened.

Agents can be stationed under cover to pull up the rope or

cable when the wanted car approaches.

Other cars will not be stopped

and can easily drive across

the rope

or cable as it lies on the road.

This cable or rope should be placed across the road diagonally so that

if the wanted car is driven into the obstruction it will be deflected

sideways to the side of the road into a ditch or an embankment.

Agents should be stationed at a considerable point up the road in the

direction from which the car is expected to appear, and these Agents

have the duty of watching for the wanted car and notifying the Agents

at the barricade of its approach and also of blocking the escape of

the car if it turns around

and tries to go back.

If the wanted car

approaches the barricade and stops, Agents, properly armed, located

under cover on one side of the road should train their guns on the car

and commmand the occupants to alight.

Roads can be blocked with automobiles in those cases where a car is

expected to proceed along a certain road on which there is considerable

traffic and where it is not feasible to use either of the above methods.

This roadblock can be established by having Agents in one car stationed

beside the highway at an intersection or in a filling station, who will

. be on the lookout for

autorobile.

Agents should be stationed at a point at a considerable distance down

the road but within view of the first car so that signals may be ex-

changed.

When the wanted car approaches, the first car will signal

to the Agents in the other cars who will

drive their cars across the

road in such à manner as to completely block the road and force the

oncoming car to stop or turn around.

No Agents, of course, should re-

main inside the car which is used as a barricade.

around and attempts to turn back, the Agents in the first car can use

their car to block the road.

In general, the type of barricade used will depend upon the type of

highway, the amount of traffic on it,

the surrounding terrain, the

character of the persons

sought, and

the time available.

Blockades

should be established at a point where the road is narrow if this is

at all possible.

The point selected should be between deep ditches,

high embankments, or heavy woods to prevent the wanted persons from

driving around the barricade through open fields.

Agents covering this

point should all be placed on the same side of the road so that they

will not injure one another by cross fire.

If it becomes necessary

which has been stopped at a

barricade, you should take advantage of the cover provided by the car

itself in

approaching it.

This should be done, of course, in such a

manner as to place the

occupant of the car at a disadvantage in your

approach to him to effect an apprehension or require him to get out

the car in question.

Whenever a roadblock is established in which any Bureau personnel is

physically present and participates, it is fundamental that the Agents

be in charge of such operation and

they must make sure that the police

or any others participating furnish full cooperation.

Each SAC will be

held personally responsible to see that any such roadblock is complete

no excuse will be accepted for any such operation which proves to

be ineffective.

In planning a roadblock, definite consideration must

be given to providing for the safety of the officers participating and

• innocent citizens who can logically be expected

to run into such

roadblock on the public highway.

6*13-57

HH 55010 DooId:32989600 Page 14

---

## Page 15

4S

SECT-TON

4.

SURVEILLANCES AND RAIDS

2.

Law of search and

seizure

Agents

operating a roadblock should be familiar with

the law of search and

seizure as stated in Bureaulmonographs on this subject furnished to all

officesland in Training Document 13,

"Roadblocks."

NH 55010

DocId: 32989600

Page 15

12

8-13-69

---

## Page 16

SEEING.

SCIENTIFIC AIDS IN CRIMINAL INVESTIGATIONS

#MDAl6

ALI INFORMATION CONTAINEU

HEREIN IS UNCLASSIFLED

DATT. /2/29/00 BYSARALK/25G

DATA PROCESSING SECTION, COMPUTER SYSTEMS DIVISION

Automatic Data Processing

(ADP) assistance is provided by the Data

Processing Section (see MRR, part II, section 3, pages 28 & 29).

20

Computers and other Automatic Data Processing Equipment (ADPE) are

involved in every facet of business and Government.

Therefore, it

is very likely that computers or other ADPE nay be directly involved

in a criminal violation or a security matter of FBI jurisdiction.

the Data Frocessing section should be inmediately contacted experi

ADY personnel are available to provide assistance.

# 55010 BocId: 32989600

Page 16

40

11-13-74

---

## Page 17

SECTION 19.

APPLICANT AND EMPLOYEE INVESTIGATIONS CONDUCTED

FOR OTHER GOVERNMENT AGENCIES-

194.

Bureau is required to conduct applicant-type investigations

of persons seeking

governnental employment and employed in executive branch of Federal Government

as a result of laws and Executivo orders in certain categories and by agreements

between Bureau, Department, President, and other governmental agencies.

addition, Bureau is required to conduct investigations in certain instances of

nongovernmental employees

highly restricted date and a bi ants

U. So citizens employed or being considered for

employment by public international organizations.

Spocific information con-

cerning authority to conduct these investigations will be furnished by Bureau

to field offices upon request.

The term "applicant," as used hereinalter, is synonymous with the term "employee."

A.

CLASSIFICATIONS AND ADMINISTRATIVE PROCEDURES

The following instructions apply to investigations of applicants and

employees for other Government agencies.

Special instructions

pertaining

to individual categories are furnished

at the end of this section.

Each

Agent must familiarize himself with the general and special instructions.

Classifications

a.

116 - Atomic Energy Aot - Applicant or Employee (ADAA Of ABAI)

bo

151 - (Referrals from Civil Service Commission (CSC))

(1)

Peace Corps (PC)

United States Information Agency (USIA)

National Aeronautics and Space Administration (NASA)

Atomic Energy Commission (CSC)

U. S. Arms Control and Disarmament Agency (ACDA)

6

Agency for International Development (AID)

4.

Departmental Applicants (DAPLI)

(2) LUnited States Courts Applicants (USCAPLI)!

Maintenance Employees name of field office

161 ~ Special Inquiries for the White House, Congressional

committees, and Other Government Agencies

140 - Security of Government Employees (SGE) (EO 10450)

138 - Loyalty of Employees of the United Nations and Other

• Public International Organizations (LEUN) (E0 10422)

Initiation of investigation

Personal history data as received by Bureau is forwarded to field.

If data are inadequate, see

"Who's Who in America";

"Who's Who in

(State, City, or Saction)"; "Who's Who in (Profession)"; Directory

of Directors; Martindale-Hubbell Law Directory; and other

proféssional directories.

Information in Identification Division

files and Bureau files is sent

pertinent for investigation

and inclusion in report.

Assignments of cases

Must be searched, opened, ard assigned immediately. Investigation

is to comnence immediately.

Indices searches

Bureau indices in applicant case (not SGE & LEUN) are searched only

against applicant's name, names of deceased relatives, and names of

relatives residing in foreign countries.

Each field office must

carefully search names of following against indices:

Applicant

Include variations and additional names developed during investiga-

Advise Bureau and interested offices of additional names

developed.

Close relatives residing in field office territory

must include all

names used by relatives.

name of applicant's spouse.

Questionable Identity must be resolved.

*MDR16

ALL INFORMATION CONTAINES

HEREIN IS UNCLASSIFLED

DATE 12/27/60 BX SP LALA PETE

HH 55010 DocId:32989600 Page 17

1

8-13-73

---

## Page 18

19A

SECTION 19. APPLI

IT AND EMPLOYEE INVESTIGATIONS

FOR OTHER GOVERNMENT AGENCIES

NDUCTED

Include in search not only names of close relatives known when

investigation was initiated but also those identified during in-

vestigation.

Not necessary to search names of relatives under

15 years of age.

Name should be searched through office indices where reference

Names may be searched only as they

appear in reference

material furnished.

Searches of variations in name and initials

not required, unless developed during investigation. File

searches of names of additional references developed during in

should be made.

It may often be necessary to search against indices names of

other persons

and names of organizations with which applicant

been identified.

Where common sense dictates, names of per-

sons with whom applicant has been closely associated during his

adult life,

as roommates,

close social friends, divorced

spouses, and others where relationship would warrant, must be

searched against field office indices.

5. Deadlines

Deadline date is date report to be received at Bureau.

• All deadlines are figured from date of order letter and cannot

be changed without Bureau authority.

Deadline must be met unless delay beyond oifice control

will not be met and no administrative action

deemed warranted, form FD-205 or other communication must

reach Bureau by deadline date advising

Reason for delay

When report will reach

No administrative action warranted - This decision must

be made by SAC or ASAC.

If deadline will not be met

and administrative action deemed

warranted, letter must reach Bureau by deadline date advising

Reason for delay

When report will reach

Type administrative action

recommended and reasons there-

Identity of personnel involved, together with memoranda

of explanation from such personnel

Prior applicant investigations

If field files disclose previous applicant-type investigation conducted

by Bureau,

following steps should be taken in all cases:

a. Bring previous investigation thoroughly up to date and supplement

it as necessary so total scope of investigation will conform in all

respects to

current standards.

Recontact persons previously inter

viewed who furnished derogatory information.

b. If all leads now necessary were covered in previous investigation,

RUC case by routing slip

so advising Bureau.

If previous investigation was made within six months preceding

receipt of new request and if it was then complete, conduct no

investigation and RUC.

7.. Leads for other offices

Set out leads for other offices immediately when they become known

during investigation.

Use most

expeditious means of communication

commensurate

with

economy to meet deadline..

b.

Furnish Bureau copy of communications setting out leads.

HH 55010 DocId:32989600 Page 18

---

## Page 19

[B.

it had lad tod tid tad had that hand that

SECTION 19.

APPLICANT AND EMPLOYEE INVESTIGATIONS CONDUCTED

FOR

OTHER GOVERNMENT AGENCIES

19A - B

0.

In general, following information

should be included in communications

setting out leads for

other offices which have not received copy of

Bureau letter initiating investigation:

(1)

Hame, aka's, and any other title information, such as z0ne

designations in title of AAA cases

Charzcter

Bureza deadline

Any tita necessary to identify applicant, such as

birth data,

description, and

social security number

if lead is to check.

employment

8.

Brief description of any derogatory information developed

Receipt

of additionel information in closed case

2..

Recheck ofzice indices.

b.

Determine identities of original sources of all new derogatory

data

and interview it possible.

Furnish Bureau information without delay.

in letterhead memorandum or supplemental report.

warrants,

such as Presidential appointee.

If circunstances warrant, e.g.; additional investigation appears

cannot be immediately completed,

prominent individual, èto., advise Bureau by appropriate means prior

to initiating additional investigation.

If indication individual no longer Government

employee, verify cur-

rent employment immediately at inception of investigation.

THE INVESTIGAIION

1.

Objectives of investigation

a.

TO

datermine:

(1)

Charzcter - general traits; reputation as to

sobriety, honesty,

trustworthiness,

reliability, and discretion; activities revealing

(2)

Loyalty - actions and statements revealing person's attitude

and allegiance to U.S. and its constituted form of government

or sympathies with any

foreign

government or ideology.

• (3)

Associations - types of persons, groups, organizations,

or

movements with which the person has been associated, with

particular concern as to whether any of his associations have

been of undesirable or disloyal nature

2. General instructions

a..

Results are furnished other Government agencies for examination

and adjudication.

b.: Investigation must be painstakingly exact, fair, and unbiased.

c. Interviews must be thorough

exhaustive and include persons in

same age group as applicant.

d.

Purpose of interviews is to get information, not to give infor-

mation. Avoid possibility ior accusation of character assassina-

tion or spreading of runors.

. e.

Do not convey impression

that person investigated is under sus-

picion or that investigation is

criminal or subversive nature.

I.

Advise persons interviewed that investigation is personnel-type

background inquiry conducted because individual is under consid

eration for Coverament employment, employment by a public inter-

national organization, or may have access to restricted or secret

information in which

Government has interest.

Unless so instructed by Bureau, do not disclose identity of

requesting agency or position

h.

No such thing as routine investigation.

Imperative each case

approached with investigative inquisitiveness to secure all infor-

mation both favorable and unfavorable.

3

HH 75010- DocId: 32989600

Page

19

---

## Page 20

93

SECTION 19, APPLICAN

FOR OT

AND EMPLOYEE INVESTIGATIONS CONDUCTED

GOVERNMENT AGENCIES

3.

Scope of full field

investigations

Account for all periods of adult life.

Birth

(1) Ascertain date and place of birth. This may be done from

as school and employment records.

(2)

Verily at bureau of vital statistics when

Parents foreign born

Investigation develops inconsistencies in birth data

Investigation otherwise indicates necessity lor verifying

birth data

.b. Naturalization

applicant foreign national or obtained citizenship through

naturalization or naturalization of parents, check Immigration

Naturalization Service or court records.

Education

(1) . Verify college attendance and

degrees.

Detailed record of

studies and

grades not desired.

Interview teachers

and fellow

students; mere verification of

attendance is not

sufficient.

Cover high school attendance only if

was within preceding

d.

six years, or if special reason exists for doing so.

Marital status

e.

Verify divorce and determine reasons if

pertinent.

Interview divorced spouse if appropriate.

Employment

(1) In SGE cases Government employment. or status of applicant

must be verified within

workdays of receipt of case in

I.

all employments, including any additional

ones devel-

oped during investigation;

examine all pertinent files at

places of employment; ascertain why employment was terminated

instance.

Ascertain dates of employment and positions

held; note discrepancies with questionnaire or

If employment records are unavailable for extended

period, set out that fact in report, together with results of

to verify employment through other sources; this will

eliminate delays resulting from unavailable records.

view supervisors, fellow employees, and other appropriate

(3)

personnel.

If applicant has been in business for himself, interview

• • (4)

competitors and neighboring businessmen.

of unemployment must be investigated and

accounted for.

Military service records

Review if indication applicant served in armed forces.

(2)

Report complete military record, including honors bestowed,

type of discharge received, and

status.

Neighborhoods

(1) Interview neighbors at applicant's places of residence during

past five years.

(2)

If derogatory information is developed, interview

persons in

logical neighborhoods without limitation to preceding five

Particularly include all neighborhoods where it might

be expected derogatory information could be further developed.

(3)

Do not waste effort in endeavoring to conduct inquiries in

neighborhoods where applicant resided for very brief periods,

such as one month in a trailer camp.

HH 55010 DooId:32989600 Page 20

---

## Page 21

b.

SECTION 19.

LICANT AND EMPLOYEE INVESTIGATTONS CONDUCTED

OTHER GOVERNMENT AGENCIES

19B

Do not conduct neighborhood investigations on individuals

under consideration for positions of Cabinet rank.

Moreover,

neighborhood inquiries should not be made on any other prom

inent persons without Bureau approval.

If information is

developed indicating advisability of making neighborhood

investigations on prominent people,

immediately furnish per-

tinent facts to Bureau for authorization.

Concerning persons

not falling within prominent categories, be alert for

information which would indicate that a neighborhood inves-

tigation would be inadvisable and notily Bureau for approval

prior to making.neighhamhard.ngniries.

References

Interview

all references; except? in

Do not interview reference concerning whom information is

known which would preclude interview, but if appropriate,

characterize reference.

An isolated reference

who cannot be contacted without ex-

penditure of unreasonable time and travel, or reference whose

unavailability for other reasons would delay investigation,

need not be interviewed provided

satisfactory investigation

conducted without

When such a reference

is not interviewed,

show in details of report reference un-

available and amplify circumstances on cover page if needed.

It derogatory information exists

concerning a reference,

ascertain nature and extent of

his association

Relatives and

associates

applicant.

Each field office must develop identity of all close relatives

and appropriately advise each interested field office. Close

relatives under ordinary circumstances include

spouse, parents,

brothers,

sisters,

and adult ofispring.

Special instances,

such as more distant relatives who occupy same residence as

applicant, will require broadening of this definition.

Independent investigation is not

normally conducted on close

relatives or associates

Law

(1)

(2)

(3)

noted below.

Derogatory allegations, incomplete police

records, or

indefinite places or residence may require discreet

inquiries of informants and reliable sources to verify or

refute allegations, clarify a police record, or fix a current

place of residence.

If derogatory information exists concerning

relative or associate, ascertain nature and extent of associa-

tion with applicant.

enforcement agencies

and credit agencies

Check applicant's

name against files of local law enforcement

agencies and credit agencies in all localities of residence

and employment.

close relatives against files of local law

enforcement agencies at present place of residence.

conduct credit checks on close relatives.

If record is located, obtain in detail all necessary identi-

fying data which identifies applicant or applicant's rela-

tive with person on whom record is located.

As to applicants,

an arrest record involving a criminal

offense or a traffic offense other than a parking violation.

Ascertain not only disposition but chock existing court docket,

blotter, or case file for any additional data that might be

available.

Should it be necessary, interview arresting

officers if available.

HH 55010 DooId:32989600 Page 21

5

---

## Page 22

9B

SECTION 19. APPLICES

AND EMPLOYEE INVESTIGATIONS

FOR OTHER GOVERNMENT AGENCIES

NDUCTED

(4)

/

Frequently arrests are made on charges which are generic and

indefinite in nature.

Examples of such vague charges

are dis-

orderly conduct, loitering,

suspicious person, investigation,

general principles, etc.

In such instances,

it is not suffi-

cient merely to report

that applicant was arrested on such a

but exact nature of his activities resulting in arrest

ascertained.

Charge of disorderly conduct might en-

compass activities ranging from sexual deviation to distribution

of communist literature.

Exact nature of such charge must be

ascertained for inclusion in report.

Some law enforcement agencies departmentalize their operations

making it necessary to check records of

various squads and

bureaus within agency.

Checks of records

of each

such

indi-

vidual squad or bureau must be made.

Check should include

traffic violations.

Checks should not be limited to police departments but must

include records of sheriff's offices

and other duly consti-

tuted law enforcement agencies.

Affiliation with questionable organizations

Ascertain nature of derogatory information available concerning

organization and particular branch in question.

In some alleg-

edly communist organizations, certain branches

are substantially

free of communist control.

If organization is a communist

dominated or infiltrated

labor union,

brief information should

be reported concerning extent of infiltration of national organ-

ization, regional headquarters, and local in question.

embarrassment to

Bureau which might result from

conveying impression

that investigation is being conducted of

an organization, such as labor union, on basis it is alleged

subversive.

Conduct inquiries

to verify or disprove alleged affiliation.

Ascertain knowledge of or agreement with policies of organi-

zation on part of applicant.

Determine dates of affiliation

extent of participation

as member or officer.

If member-

ship terminated, ascertain whether terminated prior to such

time as organization may have been publicly declared subversive.

Il organization is a communist-dominated union, endeavor to

determine whether membership may have been necessary for person

to retain employment.

Ascertain whether person was active in

such union and whether he held official position.

Obtain infor

mation regarding any statements or acis indicating acceptance

of procommunist union policies.

If affiliation

with communist-dominated union has been terminated, endeavor

to determine whether termination resulted from disagreement

with policies or from a desire to prevent difficulty in con-

nection with present application for

employment.

Contact appropriate security informants familiar with disloyal

or subversive affiliations alleged.

1. Association with questionable individuals

Ascertain degree of association and awareness on part of person

under investigation of activities of

questionable

individual.

of influence questionable individual exercises over

applicant

If questionable individual previously investigated under Exec-

utive Order 9835,

Executive Order 10450, or Executive Order 10422,

•report should so state.

NN 55010 DocId:32989600 Page 22

6

---

## Page 23

-

SECTION 19.

APPLICANT AND EMPLOYEE INVESTIGATIONS CONDUCTED

FOR

ATHER GOVERNMENT AGENCIES

19B

title of position, agency where employed, and year

investigation conducted.

Also report any pertinent data

received subsequent to above investigation.

(4)

Search names of questionable associates through office indices.

Signed statements

(1)

Press to obtain from persons furnishing derogatory data re

applicant and disloyal data on references, relatives, or close

associates.

(a)

Not necessary to secure from postal employees who fur-

nish information secured through official duties

(b)

Include in opening paragraph of signed statement desires

regarding testizying before hearing board and any request

for concealment of identity; e.g.,

"I,

to

the following voluntary statement

who has identified himself to me

Special Agent of the FBI, United States Department of

Justice.

I am (not) willing to testify before a hearing

board in the presence of the employee and his counsel

and be cross-examined. (My unwillingness to testily is

due to business commitments. I request my identity not

be disclosed.)"

Do not include reasons for unwillingness if such will

disclose identity and concealment of identity has been

requested.

(2)

Reasons for refusal to furnish signed statement should be set

out in report.

(a)

If person refuses to furnish signed statement, FD-302

should be used.

Availability for testimony before hearing board

(I)

Persons furnishing

derogatory data

Determine availability to testify of persons furnishing

derogatory data.

(a)

Strive to

have individuals express willingness to testify

as interest of

Government and employee's retention in

employment may be affected by testimony. Do not furnish

advice.

(b)

(c)

Inform

testimony will have to be in presence of employee

and counsel and subject to cross-examination.

Individual's desires regarding testifying should be set

out in report,

including any conditions under which willing

to testify.

Reasons for unwillingness to testify should

(a) Persons inquiring re time and place of hearing, reimburse-

ment for expenses, eic., should be informed such matters

be discussed with

agency requesting their testimony.

(2) Security informants

contemplate making established active inform-

available for testimony before hearing boards.

Report informant unavailable for testimony.

If informant later becomes available and is willing to

testify, submit letter bearing informant caption, with

copy for all cases in which informant previously furnished

information.

Set forth brief background data re inform

Comment specifically whether or not informant's

identity may be revealed to outside agencies.

Include in

dotail any data which would indicate inadvisability for

infornant to testify.

Set out following re each case

identified: Bureau file number;

title and character

(John Doe, Treasury, SGB); I symbol used to conceal in-

formant's

identity in report; and page number containing

information from informant.

HH.55010 DocId: 32989600 Page 23

--

7

---

## Page 24

SECTION 19. APPLICAN

FOR OTHE

AND EMPLOYEE INVESTIGATIONS COMUCTED

GOVERNMENT AGENCIES

(3)

Postal employees

(a)

Not necessary to determine desires re

testifying from

postal employees who furnished

information secured

(3)

through official duties

Report that postal employee (identity concealed)

unavailable for testimony.

(4)

Special Agents of FBI

(a) Will be made available for testimony if they possess

competent evidence of

(b)

own knowledge

Will not be made available merely to interpret infor-

• mation in report

0.

I symbols

(1)

Where individual is willing to have his name made known to

hearing board or agency but requests identity not be dis-

to person under investigation, openly report indi-

vidual's name, together with his desires regarding

his name.

(2)

Information from confidential investigative techniques

(a) Care must be exercised to insure report does not leave

erroneous impression

sonally acquainted witk person mentioned.

(b)

Report informant unavailable for recontact. No com~

ment necessary regarding furnishing signed

statement

or testifying.

p. Exhibits

(1)

Submit if suitable for dissemination to support derogatory

information.

Since ezhibits may be made available to person inves

tigated during adjudication, do not submit if this will .

jeopardize

security operations of office.

If not submitted, information. contained on exhibit,

without mentioning exhibit's existence, should be reported.

Cover page (s) should show existence of

exhibit and reasons

not submitted.

(2) Submit five copies. If bulky, requiring extensive repro-

(3) auction, four copies will suffice.

Submit copies of previous hearings pertaining to security

afforded applicant.

(4)

Writings of

applicant

Submit copies of any pertinent to security determina-

(b)

tion.

It writings not pertinent to investigation

List in report.

II. State in cover

page (s) writings not pertinent to

security determination.

(5) Submit to FBI Laboratory pertinent exhibits containing

questioned handwriting:

Secure handwriting specimens for comparison from

sources

other than direct contact with person under investi-

gation.

(8)

Obtain

at outset of investigation.

Handwriting specimens should include, if possible,

speci-

(a)

mens written during period of questioned

material.

Describe specimens objectively.

H# 55010 DocId: 32989600 Page 24'

Mas sav

---

## Page 25

SECTION 19.

APPLICANT AND EMPLOYEE INVESTIGATIONS

FOR OTHER GOVERNMENT AGENCIES

NDUCTED

19B

9.

I.

5.

t.

U.

Tax matters

Check for tax liens (state and local) when there is questionable

financial status concerning Presidential appointments, Federal

judgeships,

S. Marshals, Deputy Attorney General, assist-

ant attorneys general, Department heads, and members of Board of

Paroleland U.S. Courts applicants.1 Furnish questionable

financial standing to auxiliary offices for appropriate checks.

Internal Revenue

Service records are checked on all special

inquiries for White House, all Presidential appointments, and all

departmentalland U.S. Courtslapplicants, except honor recruits, law

clerks,

and probation

following background

immediately and furnish by teletype to Washington Field: name, other

names used, and social

security number of applicant; name of applicant's

spouse and

former spouses; all

residences during applicant's adult

life; name and

addresses of applicant's present and past employer.

Internal Revenue Service records should be checked on persons

not included above if exigoncies of case demand.

Newspaper morgues

Check newspaper morgues for pertinent information on Presidential

appointments, prominent people, individuals outstanding in

of endeavor, or any other person under investigation where

indication check would be productive.

If particular newspaper is

unfriendly or some other indication exists

to make check undesirable,

so state on cover page oi report.

Prior Bureau investigations

Not necessary to reinterview persons who furnished only favorable

information if there is no indication such person would possess

additional pertinent information

Information from other Government agencies

(I)

Reinterview individuals who iurnished derogatory information.

(a)

Where interviewee on current interview furnishes same.

information, not necessary to report he previously fur

nished

this information to other Government agency

(b)

Where interviewee contradicts information attributed to

him

by other Government

agency:

I.

II.

Quote information.

Prom other Government

agency.

Report discrepancies in information called

to

person's

attention.

III.

Report interviewee's explanation for discrepancies.

(2) Determine identity of original source for any pertinent infor-

mation

and interview.

If agency unwilling or unable to iden-

tify its source, indicate reason and

(3)

agency's evaluation.

When interviewing person previously interviewed by another

Government agency, do not reveal interview based on previous

investigation unless absolutely necessary.

Such revelation

necessary where contradictory information received, but iden-

tity of other Government agency should not be made known.

(4)

As general rule, not nocessary to duplicate lavorable inves-

or employing agency

Cover page (s) should show investigation not duplicated.

Applicants not to be interviewed

(1)

Persons under investigation

are not to be interviewed without

Bureau authority.

If situation arises necessitating such

interview, furnish facts to Bureau for approval.

(2)

Be guided by instructions in section 87, volume

III, of this

nanual regarding interviews of individuals with subversive

background.

9

HH 55010 DocId:32989600 Page 25

---

## Page 26

9B

4.

SECTION 19.

APPLICANT AND EMPLOYEE INVESTIGATIONS CONDUCTED

FOR OTI

GOVERNMENT AGENCIES

v.

If person under investigation offers to furnish information,

inform him that infornation furnished will be made available

to interested department or agency. If possible, secure signed

statement.

4

(5)

Pertinent

results

of previous interviews should be reported.

Exception

In cases in 116 classification ard in investigations of main-

tenance employees, person under investigation may be interviewed

without Bureau authority for purpose only of supplementing

personal history data.

Agency checks

(I)

Leads for various national agency checks are set out by Bureau

to appropriate offices (Washington Field in most instances).

Applicant's name is searched against records of House Committee

Internal Security and, if nature. of his past employment,

military service, or foreign travel so requires, against

records of Civil Service Commission, Central Intelligence

Agency, armed forces intelligence agencies, and any othei

appropriate agencies.

If special circumstances so dictate,

the applicant's name can also be searched against records of

the Passport Office, Department of State.

In LEUN cases,

files of

Senate Internal Security Subcommittee are also checked.

(2)

If applicant is known to have been previously processed for

clearance by Atomic Energy Commission, security files of appro-

priate area office or offices of Atomic Energy Commission which

handled clearance procedures should be checked.

Terminology

Refrain from stating interviewee "unable to furnish any deroga-

tory information."

Report specifically what interviewee fur-

nishes.

(2)

Refrain from using "pattern language" in reporting interviews,

such as language indicating all persons described employee as

"100% American."

X.

Admissions, denials,

or falsifications

(1)

Report pertinent admissions, denials, or explanations of mem-.

bership in subversive

organizations.

(2) Develop any misrepresentations, falsifications, or omissions

of material facts.

y.

Qualifications and ability

(1)

Inquiries concerning qualifications

and ability not necessary

except in certain type of cases

noted later in this section

or unless so instructed by Bureau in a specifio case.

necessary, questions should be directed toward

available data regarding past employment experiences, positions

held, and duties and responsibilities involved in those posi-

Derogatory information

Necessity for thoroughness

(1) Many agencies for which we conduct investigations have set up

hearing boards to consider derogatory information in FBI reports.

These reports may be used by agency to interview individual

they may furnish statement of charges to applicant and afford

him a hearing.

Publicity may result. It is most essential

that investigations be thorough, complete, and factual to avoid

ny basis ior criticism of Bureau and its

investigation.

HH 55010 DocId:32989600 Page 26

10

8-13-73

---

## Page 27

SECTION 19.

APPLICANT AND

EMPLOYEE INVESTIGATIONS CONDUCTED

FOR

OTHER GOVERNMENT AGENCIES

19B - C

I

b.

•(2)

Ascertain lacts on which are predicated any derogatory con-

olusions on part of person interviewed.

If it is impossible

to obtain information resolving a question of identification,

report shall definitely show this to prevent any person

reading report Irom drawing conclusion that question of

identification has been resolved.

(3)

Identify and interview original sources of derogatory infor-

mation.

It is not sulficient to

receive such information

indirectly or

secondhand.

If lor some reason it is impos-

sible to interview original source, report should clearly

show

(a)

reason.

Documents on which allegation first recorded in office

files must be carefully reviewed.

(4)

Field offices discovering derogatory data must insure that

sullicient. investigation is conduoted to verify or disprove

Advise expeditiously other offices which should be

cognizant of derogatory information in order to conduct

adequately their part of investigation. If agency check

discloses derogatory data and a question of identity is involved,

office checking agency is to report fully information obtained;

initiate necessary investigation to resolve question of

identity; and

set out leads

to interview original

Handling information derived from file searches

Data derived from file searches on applicant, relatives, refer-

ences,

and associates should be utilized in connection

with in-

vestigation and as lead material.

Pertinent information from files

should also be organized for inclusion in report.

(1) • Information on applicant

Office discovering derogatory information in its files on

applicant

should organize and report it unless data are

contained in case in which another office is origin which

division has received copy of Bureau letter initiating in-

vestigation. In latter event, only office of origin in

(2)

previous case should report data.

Information

or other person to be interviewed

Office conducting interview has primary responsibility to

report derogatory iniormation.. If this office has incom-

plete information but another

office,

such as office of

origin, has complete information, office conducting inter-

view must insure that office having complete data reports

it fully.

C:

FRAUD VIOLATIONS

~ Possible fraud against the Government (FAG) violations are sometimes

detected during applicant-type investigations.

lication or concealment in questionnaire or application executed and

submitted to Government by applicant in apparent belief that true

recitation of facts would prejudice opportunity for employment.

1.. Applicable statutes

Title 5, USC, ff

3333 and 7311

Title 18, USC, ff 1001 and 1918

2.

Where possible violations of above statutes are indicated, Bureau

furnishes reports to Internal SecuritylSection, Criminal|Division

of Department of Justice for prosecutive consideration. Do not

present to USA.

If alleged false statements detected, advise Bureau and auxiliary

offices immediately.

HH 55010 DocId:32989600 Page 27

11

8-13-73

---

## Page 28

. 9C

SECTION 19.

APPLICANT AND EMPLOYEE INVESTIGATIONS CONDUCTED

FOR OTHER GOVERNMENT AGENCIES

0.

Investigate possible

fraud violation simultaneously with SGE or.

LEUN investigation.

Separate case

not -be opened.

d.

Investigation must include but not be limited to the following:

(2)

Develop prospective witnesses and

admissible evidence.

Obtain copies of pertinent documents and attach as exhibits

to report.

Ascertain facts surrounding execution of pertinent documents.

Be alert for any facts indicating willful or unwillful falsi-

fication of documents.

Do not interview without Bureau authority.

II individual is still employed and Department has not author

ized prosecution, do not add "Fraud Against the Government" to

character.

Discontinued investigations

(1)

It facis indicate possible violation of above statutes, add

"Iraud Against the Government" to character.

(2)

Submit report including facts developed up to discontinnance

of investigation, pertinent information from office files,

and facts indicating possible violation.

3. Violations Involving security aspect in other applicant-type cases

a. [Deleted]

Bureau furnishes reports to Department for prosecutive consideration.

Do not present to usa.

Do not interview applicant without Bureau authority. Bureau will

not normally authorize interview unless Department requests inter-

4.

Violations not involving security aspect in other applicant-type cases

Examples:

false denial of arrest or misrepresentation of other

c.

d.

.

Present USA.

Exceptions:

If investigation is on prominent person, such as may

frequently be the situation in special inquiries for

White House, congressional committees, departmental

applicant, and U. S. Courts applicant cases, do not

present to local USA.

Advise Bureau immediately by

teletype, and furnish information to Bureau in cover :

(b)

page(s) accompanying investigative report.

Cases involving petty or immaterial offenses, such as

an arrest for drunkenness

or other minor misrepresenta-

tions,

are not

to be presented to local USAs.

such cases

are to be brought to Bureau's attention by cover page (s)

accompanying investigative report.

Interview applicant and endeavor to obtain signed statement under

oath.

(1)

If investigation is

on prominent person, such

as described

above, do not interview without Bureau authority.

If case involves petty or immaterial offense, such as an

arrest for drunkenness or other minor matters, do not inter-

view without Bureau

Discuss case with USA as

investigation if he advises he would not authorize prosecution.

Set forth in report opinion of USA.

Discuss with USA any legal questions regarding venue.

Venue has

been held to lie in district in which document is submitted or

received by Government agency or its officer.

Therefore, determine

and report facts in that regard.

Inasmuch as witnesses are usually

located in district in which document was received by Government

agency, cases should generally be presented to UsA in that district.

HH 55010 Do0Id:32989600 Page 28

12

6-13-74

---

## Page 29

SECTION 19.

APPb

ICANT AND EMPLOYEE INVESTIGATIO

FOR OTHER GOVERNMENT AGENCIES

CONDUCTED 19C - D

[

[

ID.

[

Primary responsibility for initiating action to handle possible

violation rests with office discovering and reporting it.

1. It may be desiraole to furnish USA, probably as enclosure with

report, photostat or copy of original fraudulent document.

When applicant phase of investigation

is completed but USA defers

opinion or prosecutive action is awaited, submit pending report.

5. Instructions partaining both to violations involving security aspect

and to violations not involving security aspect in other applicant-

type cases

3.

Statute of limitations:

five years

b. Character:

Use dual character - applicant character and FAG.

.. .

Separate case not to be opened.

Investigate fraud violation

simultaneously with applicant investigation.

¿. Complete investigation within deadline period.

e.

Ascertain ard report willingness of witnesses,

including those

referred to by I symbols, to testify in trial proceedings.

Obtain signed statements from witnesses where possible.

g.

consideration

üo placing witnesses under path in interview

and in signed statement.

Not normally necessary to place under

oath

such witnossos as those who would merely introduce documentary

evidence, such as iraudulent application or arrest record. Use.

h.

good judgment and common sense in this respect.

If applicant is interviewed, endeavor to obtain signed statement

under oathl.

Interview, ii conducted,

should develop facts as to

willfulness and reasons for false

statement.

i.

Review original signed fraudulent document.

Report all pertinent

facts regarding it,

particularly describing false statements.

It

will usually be desirable to quote verbatim in report specific

questions and answers constituting false statements.

Ascertain and report facts surrounding execution of

questionnaire

by applicant.

Intervier any person who interviewed applicant and

assisted him in executing questionnaire, ascertaining whether wit-

ness will testify that applicant was asked all questions on form

and

that applicant was afforded opportunity to read completed form.

•Be alert for any faulty procedure in executing form which might

affect possibility of successiul prosecution and for evidence

tending to show willfulness or lack thereof.

k.

Keep Bureau advised of pertinent developments, particularly in

cases which may involve considerable public interest or where a

Government agency obviously has interest in developments as they

C 1.

occur.

Add one. copy to number of copies of report normally furnished

Bureau in respective classifications.

m.

Refer to section 47, volume II, of this manual dealing specif-

ically. with FAG violations for additional instructions.

SPECIAL INSTRUCTIONS AND EXCEPTIONS

1.

ARAA

and AEAE

cases (other than those referred to Bureau by CSC)

3.

"De Novo" investigations

Persons previously investigated by CSC for AEC who are elevated

to positions of importance or

sensitivity must be reinvestigated

by Bureau from the beginning ("De Novo").

Persons raising ques

tions concerning dual inquiries should be told law requires FBI

investigation.

CSC reports of prior investigation are furnished

fiold officas for lead material and must be returned to Bureau

as enclosure to FBI report.

H# 55010 DocId: 32989600 Page 29

13

---

## Page 30

SECTION 19.

APPLICANT AND EMPLOYEE INVESTIGATIONS CONDUCTED

FOR OTHER

GOVERNMENT AGENCIES

2.

AEAL reinvestigation

cases

(1)

Bureau receives requests from AEC for reinvestigations of

persons originally investigated several years previously who

have since been

employed

on atomic energy program.

Investi-

gation is conducted to bring previous investigation up

to

date and to supplement it in all necessary respects so as

to render total investigation commensurate with present

Referral cases received from CSC under Public Law (P. b.) 298

P. I. 298 provides for referral to Bureau for full

background

investigation certain cases investigated by CSC in which

disloyal

information has been developed.

Attachments to order letter

initiating investigation will clearly show that case has been

referred to Bureau by CSC ander P. L. 298 and will also show

Referrals are based

on results of file checks by

CSC and on information developed during its investigation.

CSC discontinues its investigation when disloyal date are

developed

ard furnishes results

to Bureall.

Each office is furnished results

of CSC investigation in its territory, the basis lor referral by

CsC, and any pertinent derogatory information developed by CSC

Do not repeat

in Bureau reports information contained in CSC

as CSC will furnish

of its investigation to

interested agencies.

Department has ruled that Bureau must accept

such cases from CSC whenever there is any subversive derogatory

infornation on the applicant, his relatives; references, or

associates.

Utilize information developed by CSC as a source of leads.

all leads in your territory not previously covered adequately by

Interview persons who furnished derogatory information as

shown in CSC reports.

Resolve questions which prompted CSC to refer case to Bureau.

Determine degree of association between applicant and any individual

on whom CSC has furnished derogatory information.

Contact inform-

ants in appropriate instances.

Do not limit investigation to

developing disloyal data, but also ascertain information regarding

character and associations of applicant and his relatives.

€ .

When

CSC reports show all investigation

covered in your territory,

examine indices concerning applicant and any close relatives or

references residing in your territory.

If indices negative, submit

RUC letter or routing slip containing names

of persons on

indices were checked.

If pertinent information is found in your

files, conduct appropriate investigation and include results in

3. Referral cases received from CSC under other public laws

National Aeronautics and Space Act of 1958

b. Peace Corps Act

Arms Control and Disarmament Act

d. Foreign Assistance Act of 1961, as amended

In handling the above cases, follow instructions set out under "2.

Referral cases received from CSC under P. L. 298."

4.

Special inquiries for White House, congressional committees, and other

Government agencies

Code word "SPIN" in all communications in this category indicates

request for investigation emanates

of president or other

top governmental officials

therefore demands every possible

priority.

Code word

"SPIN" will be substituted for following

specific

instructions:

•JH 55010 DocId:32989600 Page 30

14

11-26-68

---

## Page 31

[

SECTION 19.

APPLI

NT AND EMPLOYEE INVESTIGATIONS

FOR OTHER GOVERNMENT AGENCIES

INDUCTED

19D

(I)

Handle promptly and thoroughly. Assign experienced personnel

and

sufficient personnel to assure completion by deadline date.

Set out leads by airtel, unless instructed by Bureau to use

teletype, directing all

such correspondence to Bureau, as well

as to offices receiving leads.

This correspondence.must also

include code word

"SPIN" to insure that these instructions will

be followed.

Complete names of all close relatives and their

current addresses must be verified by independent investigation

and appropriate checks made concerning them.

Mere checking of

credit records or city directories is not sufficient to verify

residence of a relative.

Complete names of all adult and minor

children and their ages

must be determined, as well as their

places of residence.

Parents' names must be set out in full;

and if deceased, same should be reported.

Where appointee is

an attorney, pertinent bar and grievance records must be

checked, including American Bar Association.

Those cases

involving possible Presidential appointees must include a

determination of individual's ability; and if poor financial

background is developed, special inquiry must be made to

determine whether

any tax liens have been filed and results of

any litigation regarding bad debts must be obtained. Do not

divulge position involved to persons interviewed.

(2)

professional titles

of persons interviewed

must be complete;

i.e., Major General John J. Jones, United States Army, retired,

should be set out rather than merely General John J. Jones,

United States Army.

5. Departmental Applicants (DAPLI) land U. S. Courts Applicants (USCAPLI)]

investigations this category usually ordered. by airtel and the

character Departmental Applicant (DAPLI) orlU• S• Courts Applicant

(USCAPLI) means:

give preferential and expeditious attention;

develop qualifications in addition to character, loyalty, and

associates; ascertain names of all close relatives and verify

current addresses by independent investigation, as well as make

rest checks; ladvise Bureau of identity:

birth and death of any

leceased relatives not previously identified; set ou

leads by most expeditious means

commensurate with deadlines; and

comply with following specific instructions where applicable.

(1)

[

as each case warrants with U.S. circuit judges and U.S.

district judges in district where vacancy exists.

(2)

If

applicant

an

attorney, membership in bar associations

must be verified, records of grievance committees of these

associations checked, and representative number of bar

association officials

or members interviewed concerning

(3)

him.

When

applicant being considered for Federal judicial position,

(4)

president of bar association should be interviewed.

Above persons should be requested to furnish names of prominent

attorneys in locality acquainted with applicant. Attorneys

interviewed should represent political party of which appli-

cant member and opposing political party or parties, as well

as attorneys with whom the applicant has associated

and those

who have opposed him.

(5) [In positions, ]such as judges, lawyers, [u. S. Courts applicants,)

land Administratives

analysts,ffice

etc.; Bureau required

by Department

of the U. S. Courtsito ascertain

qualifications of applicant.

Comments of each person inter

viewed when such comments have bearing on individual's

qualifications should be set forth in report.

HH 55010 DocId:32989600

Page 31 •

15

---

## Page 32

19D

SECTION 19.

APPLICANT AND EMPLOYEE INVESTIGATIONS CONDUCTED

FOR

OTHER GOVERNMENT AGENCIES

[

L(6)) Investigations of persons for judicial positions, United

States Attorneys,

United States Marshals, lU. S. Magistrates,

Federal Public Defenders and Referees in Bankruptcy should develop

as much information as possible concerning a candidate's

leanings toward civil rights and should include the following:

[(a)] Possibility of candidate belonging to any racially

prejudiced organizations

[(b)] Where appropriate check newspaper morgues, bar journals

or other publications to review speeches made by,

articles written by, or statements made by him relative

to racial or other controversial matters.

(Resolve

doubt concerning relevancy of publication by making it

an enclosure to report.)

[(c)] Contact with civil rights leaders in candidate's com-

to ascertain their feelings regarding candidate

Interview of Negroes in community who are personally

familiar with candidate, particularly employees of

candidate, to ascertain

their opinion as to whether

candidate is fair in his profession as an attorney

[(e)] Interview of church people; i.e., priests, ministers,

This should not be restricted to repre-!

sentatives of candidate's religious affiliation.

[87) 1 Interview of USA in candidatel judicial district

Interview labor leaders, sufficient state and local officials

of major political parties, local law enforcement officials,

and

personal physician concerning appointments for judicial

positions, U

Magistratés., " Attorneys, U. S. Marshals, andlu. S.

[(8)] A11 Federal judges, United States Attorneys, United States

Marshals and high Departmental

officials,

subject to U.S.

Senate confirmation should be interviewed

for a complete

list of all organizations in which they

have had membership in the

past or are presently members. This list should be set forth

(9)

1n Iirst part of report under caption Organizational Affiliations.

U.S. Courts - Applicant investigations are conducted at the

specific request of the Administrative Office of the U. S.

courts (AUUsC), Washington, De.Cog

and any Federal judge

requesting an investigation should be respectfully referred to

AOUSC, Washington, D. C.

The positions involved

Magistrates, Federal Public Defenders, Referees in Bank~

ruptcy, Federal Circuit Court Executives, and Probation Officers.

In above cases investigations of these applicants should

include interviews with appropriate Federal and circuit court

judges covering the districts where the applicant is to be

employed.

In Probation Officer investigations, interview

presiding judge in court where applicant is to be employed.

lbo] If persons contacted raise any question regarding

above inquiries,

advise they are being conducted at request of the Deputy Attorney

Generallor the Director, Administrative Office of

the U. S. Courts.]

[c.] If impossible to. submit

RUC report in these cases to reach

Bureau by

deadline date, submit pending report to Icach bureau by deadline date.

Explain in cover page(s) why investigation not completed.

Maintenance employees

a. [FBI Headquarters (FBIIIQ) maintenance employees

Investigations are conducted

on maintenance employees in Justice

Building, Identification Division Building, and other buildings

Bureau operations are located.

investigation same as set out under item B3, above;

full tield investigations are not necessary

on

maintenance employees having intermittent access tolFBIIIQ. space

for

short periods of time, such as a minor repairman. A

55010 DocId:32989600 Page 32

16

8-13-73

---

## Page 33

SECIION 1S.

APPLICANT AND EMPLOYEE INVESTIGATIONS CONDUCTED

FOR OTHER GOVERMENT AGENCIES

19D

b.

I 55010 Docid: 32989600 Page 33

limited inquiry

be conducted óf

obtained

• (2)

Administrative procedure

Because the only information available in these cases is job

description and residence address, Bureau sends a form letter

to Washington Field Office to interview maintenance employee

for (a) background data,

(b) to obtain fingerprints or sub-

stitute FBI number or service, serial number identified as

maintenance employee, (c) [deletedland (d) to advise employee

that material false statements are violation of fraud statutes.

Immediately upon completion of interview, WFO is to set out re-

sults in a pending report.

Set out deadline date on cover page.

WFO is to submit FD-9 and

fingerprints as enclosures to pending

Ieport.

Report

should include background data and names of

close relatives.

Field oÊfice maintenance employees

All maintenance employees having access to FBI space in field

office headquarters or resident agencies are to be checked by

either = limited-type inquiry or a full field investigation

depending upon circumstances.

Full field investigations are not

• necessary on maintenance employees having access to resident

agencies or employees having intermittent access to field office

space for short periods of time,

such as a window cleaner or

minor repairman, unless an office is in possession of information

that would make

a full field investigation necessary.

(1)

Limited inquiry

Names of employees must be searched through a field office

indices and b local law enforcement agencies.

Upon com-

pletion submit form FD-316 to Bureau including

(a) results

of office indices and agencies checks, (o) background data,

(e) fingerprints of employee or FBI number or service serial

number identified as maintenance employee, and (a) a recom-

mendation as

to access.

If access is recommended, VACB

terminology should be used; if denial of access is recommended,

prior Bureau authority must be obtained before denying access.

Inasmuch

as adjudication is made at Bureau, complete details

surrounding any derogatory information should be ascertained

and reported at time FD-316s are submitted.

Il employee

employed by U.S. Government and derogatory information is

developed, submit with

FD-316s & letterhead memorandum for

appropriate

dissemination at Bureau.

Bureau will search names against central

indices and identi-

fication records and will advise field of additional investi-

gation to be conducted only if pertinent data obtained or

recommendation not accepted.

(2)

Fall field investigation

If employee does not iall in limited inquiry category, full

Lield investigation must be conducted.

(a) Scope of investigation same as set out under item B3,

(b) Administrative procedure

Office of origin (field office where employee employed)

is to furnish Bureau and lead offices immediately upon

completion of interview a pending report setting forth

results

of interview for purpose of obtaining back-

ground data.

Report should include background data

and names of close relatives.

In addition, submit FD-9

and fingerprints as enclosures to the pending report.

Set out deadline date on cover page.

In each case, two

copies

of report should be furnished to wro to check

HCIS records.

CSC records

should be checked if employee

employed by U.S. Government.

17

6-13-74

---

## Page 34

SECTION 19.

APPLICANT AND

EMPLOYEE INVESTIGATIONS CONDUCTED

FOR OTHER GOVERNMENT AGENCIES

7.

II.

Upon

completion of investigation, auxiliary offices

must fúrnish copies

of

reports to office of origin..

Office of origin is to:

(4)

Il employee employed by U.S. Government and

derogatory information is developed, furnish

Bureau with one copy each of all reports and

advise by cover page(s) accompanying report

its recommendation concerning access. It

access is recommended, VACB terminology should

be used; if denial of

access is recommended,

prior Bureau authority must be obtained before

denying access.

(B)

If person not

employed by U.S. Government and

derogatory information is developed, furnish

Bureau by letter

(1) a summary of derogatory

information and (2) a recommendation concerning

access.

If access is recommended, VACB terminoL-

ogy should be used; il denial of access is recom

mended, prior Bureau authority must be obtained

before denying access.

(C)

I1 no derogatory intormation is developed in

field office maintenance investigations of either

governmental or nongovernmental employees,

advise Bureau by letter and

include UACB recom-

mendation concerning access.

(D)

Office of origin may destroy reports received

from auxiliary offices when no derogatory infor-

mation has been developed; however,

copy of oir

report must be retained in field office file.

(3) In either type of case, include with your recommendation

regarding access hours

employee is to perform in Bureau space,

duties to be periorned, and whether in presence of Bureau

employees.

In either type

of case, it is permissible, after clearing with em-

ployer, to interview

employees to secure

background data and finger

prints.

If employer is reluctant to permit this and if necessary.

data cannot be secured from other sources, Bureau should be so

advised.

FD-9 will be used to report to field results of identification and

negative Bureau records searches.

SGE and LEUN

Receipt of complaints, discovery of information in office files, or

through other investigations

(I)

Information relating to matters described in section 8(d.) of

EO 10450 requires investigation by Bureau.

Obtain complete details from complainant.

If complainant not original source,

source if he can be readily identified and located.

(c)

Verify employment and determine

I.

Complete background

II.

Complete title of position and name of employing agency

(a)

Furnish Bureau all pertinent information including results

of check of office files.

(e) Conduct no further investigation in absence of Bureau

authority.

I 55010 DocId: 32989600 Page 34 11-26-68

---

## Page 35

SECTION 19.

A

FOR

ICANT AND EMPLOYEE INVESTIGAT

OTHER GOVERNMENT AGENCIES

CONDUCTED

19D

b.

C.

d.

(2)

Derogatory information not requiring investigation by Bureau

Submit to Bureau by letterhead memorandum, original and

three copies, suitable for dissemination.

If appropriate, in accordance with Manual of Rules and

Regulations, part II, section 5, disseminate to local

officials of agency concerned.

Request by other agencies in field for Bureau investigation pursuant

to section 8(d) 0î 70 10450

(1)

Accept request for transmittal to Bureau and inform requesting

agency such investigations initiated and correlated at Bureau

headquarters and in future it will be more desirable for request

to be made to Bureau headquarters.

(2)

Forward request, together with all pertinent data in office files,

to Bureau.

(3)

Conduct no investigation in absence of Bureau authority.

Full field investigations of Army, Navy, and Air Force civilian

personnel

(1) At inception of investigation, appropriate. office notify intel-

ligence

representative of interested department that investiga

tion being conducted under EO 10450.

Notification may be

any form most convenient to field office.

Office file must

show notification given

furnished.

Preliminary inquiries

(I)

Purpose - to determine identity, employment status (except LEUN),

significance of

cient basis exists to warrant full field by Bureau under stand-

ards referred to in section 8(d), Executive Order 10450, or

part II (2) of Executive Order 10422.

(2)

Copies of letter initiating preliminary inquiry and copies of

security form and other available documents of pertinence will

be furnished by Bureau to all offices having possible leads in

event of subsequent

conversion to full field.

(3)

Only those offices having specific leads, and

office responsible

for verifying current employment status

should open new

case

and. make appropriate inquiries.

Other offices will open case

and conduct requested preliminary inquiry only upon receipt of

(4)

pertinent

leads during preliminary inquiry.

Those offices having no leads in preliminary inquiry should place

Bureau correspondence in 140-0 or 138-0 file, or appropriate

subfiles were practical, pending conversion

to full field or

receipt of specific leads to be covered during preliminary

If

no specific leads received and case not converted,

all copies of preliminary inquiry letter, enclosures, and

index card are

to be destroyed at expiration of one year from

date of Bureau letter initiating preliminary inquiry.

5

sition of this material should be noted on file cover.

Inquiry must be directed to specific objective requested.

Derogatory information must be developed

Leads to interview references,

employers, neighbors, etc.,

should not be set out for other offices during preliminar

inquiry unloss it appears they are pertinent to objective of

preliminary inquiry.

19

55010• DocId: 32989600 Page 35

---

## Page 36

SECTION 19. APPLICANT AND EMPLOYEE INVESTIGATIQUS

CONDUCTED

FO

THER GOVERNMENT AGENCIES

F.

e.

1.

(8).

If substantive information of nature referred to in section 8(d)

of Executive Order 10450 or part II(2) of Executive Order 10422

is devcloped, immediately convert to full field.

Notify Bureau

and auxiliary offices by airtel, including basis for conversion,

source and reliability, additional investigative leads, and new

Buded. (21 days from date of conversion.)

(9)

Except for above instructions, general instructions relating to

SGI investigations are applicable to preliminary inquiry-type

investigations.

Interviews

If asked why individual being investigated in SGE case, state that

under an Executive order all Government employees or applicants are

checked as part of the Federal employee security program.

Mr.

is being checked under this program.

Dissemination of reports

If request received in field for copies of SGE reports, advise that

these

investigations

supervised and correlated at Bureau and such

should be

directed to Bureau. No local dissemination of

SGE reports.

POTENTIAL ADMINISTRATIVE INDEX (ADEX) ISUBJECTS

1. Persons investigated under

these programs are potential [ADEX]

should be so considered.

2. -

Where disloyal information developed

concerning applicant by office not

copy of report should be furnished

covering individual's reside individual under investigation so that office

office covering residence

may consider case under lADEX Iprogram.

NAME CHECKS FOR FEDERAL JUDGES

At request of a Federal judge, field is authorized to search names of persons

being considered for court position through field office indices and to fur-

nish pertinent information

to Federal judge.

Care must be taken to protect

sources, informants, and

techniques. Field may not accept from

federal judges requests for investigation on

diction.

personnel under their juris-

HH 55010 DocId: 32989600

Page 36

20

1==

---

## Page 37

SECTION 23.

BOMB THREATS

23A - D

EXPLOSIVES AND INCENDIARY DEVICES

A. STATUIES

Titlo 18, USC, $ 844(d) - (1), effective 10-15-70.

B. VIOLATIONS

1. - § 844(a): Interstate transportation of explosive " Incendiary devices

rith intent to injure or intimidate a person or damage property.

2.

$ 844(e): Use of telephone, mail or other instrument of commerce t

transmit a bomb threat.

3.

$ 844(1):

owned of used by the U. s

4.

receiving Federal financial assistance.

& 844 (g) :

Unauthorized possession of explosives or incendiary devices in

a building owned or used by the u.

S. Government

5.

§ 844(h) :

Carrying or using explosives or incendiary devices during the

6.

commission of any Federal felony.

§ 844(1):

used in an activity affecting interstate

it to pen testate me to damage any property

C. PENALTIES

§ 844(d), (1) and (i).

a. $10,000 and/or 10 years

$20,000 and/or

20 years if personal injury results.

c. Any term of years or life imprisonment or death penalty if death

results.

2.

§ 844(e)

3.

$5,000 and/or 5 years.

844 (g)

4.

$1,000 and/or I year.

§ 844(b)

2.

b.

For second and

subsequent convictions, not less than 5 nor more

than 25 years

and there shall be no suspended or probationary

sentence.

D. DEPARTMENTAL GUIDELINES

1. [Statutory jurisdiction concerning above violations lies concurrently with

FBI and Secretary of Treasury.

Bureau of Alcohol, Tobacco and Firearms

(ATF) handles Treasury's investigative repsonsibilities under above

Guidelines issued by Department effective 3-1-73 provide for

jurisdiction as follows:

a.

General

(1)

844 (e), (f) and (g) - FBI.

(2)

and (i) - ATF.

(3)

and ch) a deny having jarisaction over ndering felog.

Exceptions

Violations directed against diplomatic or quasi-diplomatic

functions - FBI.

(2)

Violations which appear at outset to have been perpetrated by

terrorist or revolutionary groups or individuals - FBI.

(3)

(4)

Violations directed against Treasury Department functions - ATF•

Violations directed

against Postal Service functions or involving

explosives sent through the mail - Postal Inspection Service.

2. Guidelines state no investigation is to be conducted unless authorized

by Department.

However, guidelines provide authorization for immediate,

full investigation by FBI in the following instances:

a. Any violation which appears at outset to have been perpetrated by

terrorist or revolutionary groups or individuals.

ALL INFORMATION CONCAINGH

HEREIN IS UNAIASSIFTED

DATE 17/2-7/00 BYSP

Z Tm216

1

4-13-73

H# 55010 DocId:32989600 Page 37

---

## Page 38

23D - F

E.

SECTION 23.

BOMB THREATS

EXPLOSIVES AND INC

IARY DEVICES

3.

4.

bo Explosive (as distinguished from incendiary) bombing or attempted

bombing of college or university facilities.

Bombing or attempted bombing of property owned, possessed, used i

Leased by Federal Government, or by a federal lunction such as National

ROTC, or Selective Service.

do Any violation of $ 814 (5), except those involving Treasury or

Postal Service buildings.

e. Any violation against diplomatic or quasi-diplomatic functions.

Regarding D. 1. b. (2)

above, guidelines state that if ATF or Postal

Inspection Service has properly initiated investigation and information is

subsequently developed indicating apparent involvement of terrorist or

ice has pover guin tinee

revolutionary groups or individuals, responsibility shall be relinguished

to FBI unless Department determines that such a transfer would unduly

impair further investigative efforts.

Guidelines require prompt notification to the Department in each instance

wherein an investigation is instituted under § 844. Such notification is

also to be made to ATF and/or Postal Inspection Service if those agencies

have a logical interest.

Follow-up liaison and dissemination is to be made

as necessary to avoid duplication of investigation.

in a manner not to interfere with active investigations, is information

regarding types, sources, movement, and storage of explosives involved

in such investigations.

POLICY

1.

Immediately advise Bureau by teletype of all actual and attempted bombing

incidents, whether explosive or incendiary, and location of hoax devices.

Initial communication should fully describe the nature and function of the

target of the bombing and cover the following points:

Whether or not investigation instituted.

b. If investigation not instituted, identify locai investigating

authorities and indicate that cooperative services, i.e., Laboratory and

Identification Divisions and coverage of out-of-state leads, have been

offered to them.

If cooperative services not offered, advise reason.

Whether or not FBI assistance requested, and if request received, exact

nature of assistance requested,

identity of person making same,

whether request based on lack of local or state facilities or statutory

violation.

do

Specific comment regarding indicated or probable motive.

occupation and general reputation of victim if bombing directed

against an individual.

Whether victim receives Federal financial assistance and whether

property involved used in interstate or foreign commerce or in an

activity affecting such commerce.

f.

Applicability of state and local laws and likelihood of state or

local investigative and prosecutive action.

g. Whether or not there is any information indicating the bombing is part

of a pattern or plan by a particular subject or against a particular

victim.

Specific comment that Secret Service, ATF and appropriate law

enforcement and other logical agencies have been advised; also, that

ATF advised as to whether or not FBI instituting investigation.

Notice

to military intelligence agencies is not required unless they have a

2

4-13-73

H# 55010 DocId: 32989600 Page 38

---

## Page 39

eitution

[

[

SECTION 23.

BOMB THREATS

EXPLOSIVES AND INCE IARY DEVICES

23E

specific interest in the incident or unless dissemination otherwise

required by the Delimitations Agreement or the Memorandum of Under-

standing between Justice and Defense Departments.

2. The following action should be taken regarding bomb threats:

2.

Immediately

advise appropriate local law enforcement agencies and

Secret Service.

Refer to E. 1. h. above regarding notice to military

intelligencē agencies.

If a bomb threat is.directed against Bureau facilities or personnel, all

logical leads to identify subject are to be covered immediately.

Bureau space, if

c.. Notify the Bureau in the

involve following instances:

should be searched by Bureau personnel.

(1) By teletype, if threat concerns a diplomatic establishnent,

prominent person, or a situation which may result in widespread

publicity.

(2)

By teletype, it threat results in request by local authorities or

private citizen for FBI investigation•

(3)

By teletype, if threat is directed against Bureau facilities or

personnel.

If Bureau space involved, indicate same searched by

Bureau personnel.

(4)

By airtel (FD-365) and LHM, to be submitted same day, or

following workday if threat

received after regular working hours:

(a)

(b)

If threat concerns a military or U. S. Government installation;

If identity of subject is known, alleged, or readily available;

(c) If threat

appears to be part of

a pattern or plan by a

particular subject or against a particular victim

3.

Violations of & 844 (h)

should be handled in connection with the underlying

felony and discussed with the U. S. Attorney handling prosecution of the

underlying felony; if such prosecution is being handled by the Department,

the violation will be discussed with the Department at Bureau Headquarters.

4. Notification to Secret Service and other agencies must be confirmed in

writing the same day the information regarding the threat is received.

If information received after normal working hours, written confirmation

should be made the following workday. Include in confirmation the time and

date of oral notifications and identify by name persons notified.

5.

In those instances where notification to the Bureau by teletype is required,

submission should not be delayed if all necessary information is not

supplemental teletype as soon as it is available.

6. [Deleted]

7.

LHMs furnished locally to Secret Service should be forwarded to the

Bureau enclosing a copy of the LIM disseminated.

FD-376 should also

be utilized to inform Secret Service of information concerning indi

viduals involved in illegal bombing or bomb making or who, because of

their backgrounds, are potentially dangerous.

8.

When active investigation is instituted, notify the Bureau by teletype,

submit initial report within 10 days and submit subsequent reports at

least every three weeks thereafter.

9.

10.

Disseminate all reports and LHMs to the U. S. Attorney.

Advise the U. S. Attorney telephonically of all incidents or threats

reported to the Bureau.

Unless circumstances dictate otherwise, such

notification should be made during business hours.

3

9-13-74

HH 55010 DocId:32989600 Page 39

---

## Page 40

23E

iCTION 23. BOMB THREATS

EXPLOSIVES AND INC.

IARY DEVICES

=.

11. All prosecutive decisions will be made by the Department; therefore, the

U. So Attorney should not be consulted for a prosecutive opinion and no

complaints should be filed at the request of the it's Attorney without

specific prios Bureau authority (See item 3 above for exception).

12.

Bombings, attempted bombings

and bomb

threats constituting other substantive

violations within FBI jurisdiction, such as Federal Train Wreck Statute,

Destruction of Airciaft or Motor Vehicles, Civil Rights, Extortion, etc.,

should be handled in accordance with existing instructions pertaining to

the particular violation involved.

Bureau should be advised of the incident

under appropriate substantive caption.

Exceptions are situations involving

bombings or attempted bombings of Government property and sabotage, which

are handled as 174 matters.

13.

Advise Bureau by teletype or telephone if ATF attempts to exercise any

jurisdiction in a matter being investigated by the FBI or if any other

14..

problem is encountered with ATF.

Any actual, threatened or potential violence must be brought to the immediate

attention

of law enforcement agencies having the primary responsibility to

protect life and property.

cement entices

When appropriate, this should be done in a

manner that will fully protect the source.

15.

All written bomb threats are to be submitted to the FBI Laboratory for

document examination and to the Identification Division for latent

fingerprint examination, whether or not active investigation is being

conducted by the Bureau.

16.

All offices should maintain liaison with military Explosive Ordnance

Disposal (EOD) units and/or local law enforcement bomb squads in order that

assistance can be promptly obtained if bombs or live explosives are

encountered in connection with official investigations.

17°

The United States Continental Army Command (CONARC) has EOD units stationed

throughout the United States. These units, which have assisted the Bureau

in the past have personnel qualified to disarm bombs and handle and dispose

of live explosives.

Due to emergency

conditions, requests for assistance

¡ Iom CONARC EOD units are usually oral. All such oral requests are to

be confirmed in writing by letter addressed to the Commanding Officer of

the EOD unit involved. CONARC does not have EOD units in Alaska, •

Hawaii, or Puerto Rico. Therefore, the Anchorage, Honolulu, and

maintain liaison with Navy and/or Air Force units in their

respective divisions.

18.

Bombs are to be disarmed only by a qualified expert and Agents are not to

assume responsibility for handling them.

FBI Laboratory explosives

on-site participation in the examining, handling and disposal of live

19: The cooperative facilities of the Bureau which are made available to local

authorities are the services of the Laboratory and Identification Division:

and coverage of out-of-state leads.

include searching for bombs.

is involved.l

IH 55010 DocId:32989600 Page 40

4

4213-73

---

## Page 41

SECTION 23.

BOMB THREATS

EXPLOSIVES AND INC

23F - I

IARY DEVICES

F. OTHER VIOLATIONS

1.

The following

are within the primary jurisdiction of Bureau of Alcohol.

lobacco and Firearms but Agents should be alert for such violations anc

they should pe handled by the FBI if they arise during any substantive

FBI investigation,

2.

Title 26, & 5861(d) - (f): Unlawful manufacture, possession or

transfer

a destructive device.

bo

Title 18, 8f

841-843:

Unlawful importation, manufacture, distribu-

tion, or storage of explosives.

Go

PLAN OF ACTION FOR MAJOR CASES

1.

Each office is to have a proposed plan of action which can become

operative automatically whenever there

is

a bombing or attempted

bombing which will be the subject of a major investigation.

a.

These investigations are to receive top priority under the personal

supervision of

the SAC and should cover all investigative steps to

insure that evidence is preserved and logical investigation instituted

immediately.

bo Immediate consideration should be given to the advisability of

requesting FBI Laboratory and/or Identification Division personnel to

proceed to the scene.

Immediately account for the whereabouts of logical potential suspects

and consider requesting nearby offices to account for the whereabouts

of potential suspects in their divisions.

[H. [Deleted]

I. SUSPECTS

1.'

Each

office is to maintain on a permanent basis an up-to-date list of

potential suspects.

When a new suspect is

added, he should be assigned

to a designated Agent who will be responsible for developing background

information as quickly as possible.

Such background information should

include suspect's residence, place

of employment, hours of employment,

description of automobile and

license number, photograph, handwriting

specimens, identification record, and whereabouts as of

the dates of

pertinent

bombings in the past.

A reliable neighborhood source should

be developed and an alternate Agent should be designated to assume

responsibility for the suspect in

the absence of the assigned Agent.

If the suspect may personally handle explosives, the latent Fingerprint

Section should be requested to include him in the appropriate section

of the single fingerprint explosives file.

The effectiveness of this

file will depend upon

the field offices furnishing complete information

Irom their files.

This should include

the names and aliases, as well

as descriptions and arrest or FBI numbers of suspects.

In this

connection the Bureau is not interested in the names

of known safecrackers

or persons known to have

explosives unless it is indicated that

they may become involved in bombings.

2.

It is not necessary to maintain a pending file on each suspect; however,

an appropriate administrative device should be maintained to insure

that place of residence and employment and description of automobile will

be verified each

six months. (FD-398 may be used for this purpose.)

HH 55010 DooId:32989600 Page 41

5

413-73

---

## Page 42

23J

SECTION 23. BOMB THREATS

EXPLOSIVES AND IN

DIARY DEVICES

8, 234uви

J.

STATISTICAL DATA

1. In order to computerize the number of bombings, attempted bombings

-and bomb threats FD-436 in duplicate is to be submitted to the Bureau

with a file sopy being retained in the field office. FD-436 is to be

submitted as follows:

Within 10 days after each actual or attempted explosive or

incendiary bombing and each hoax device is located.

Within 10 days after each bomb threat which is actually investigated.

By the 10th of each month summarizing bomb threats reported during

the prior month.

Threats which have been actively investigated

should not be included in these monthly summaries since they have

been reported on individual forms.

Whenever appropriate a supplemental form may

be submitted. Such a

form should be clearly marked "SUPPLEMENTAL."

The submission of FD-436 is not to be limited to cases handled under

the 174 classification but is to be used in every matter that involves

Sabotage, Federal Irain Wreck Statute, Destruction of Aircraft and

Motor Vehicles,

train wear statue, Destruction a react and

In addition to the data reported on FD-436, the Bureau also compiles

technical data concerning bombing incidents pursuant to its operatior

of the National Bomb Data Center (NBDC) • Agencies which participate

•a completed NBDC Incident Report Form on those cases which the Bureau

investigates.]

K. CLASSIFICATION - 174

Lo CHARACTER - "BOMB THREATS" OR "EXPLOSIVES AND INCENDIARY DEVICES"

NW 55010 DocId:32989600

Page 42

6

5-13-74

---

## Page 43

SECTION 27. CIVIL RIGHTS

274 - B

A.

B.

n0r73s-r

BACKGROUND

The protection

the rights and privileges of

the individual in this

country is of the highest importance to our system of free enterprise

and democratic government.

During the past decade there have been a constanti

increasing awareness and

interest in this problem by individual citizens,

various organized groups, and by branches of the Federal, state, and local

governments.

The highly

controversial subjects of race relations and of

"States

Rights" versus Federal action frequently complicate civil rights

This controversy,

together with the public interest in these cases,

frequently places

the Bureau's investigations in the spotlight and-on occasic

is responsible for uninformed comment on these investigations by interested

1212

In view of the above, it is particularly important that the Bureau's usual

thorough, expeditious, and strictly impartial methods be carefully followed

in civil rights investigations and that the Bureau policy hereinalter set

Title 18, USC,

Rights Act, 1968) 241, 242, effectiTe 91-48, Lamended 4-11-60s $ 245 (Civat

effective 4-11-68; and

Title 42, & 1973 (Voting Rights

Act, 1965), effective 8-6-65

Title 18, USC, & 241.

Conspiracy against rights of citizens

b. 'ntimidate any citizen

Two or more persons conspire to injure, oppress, threaten, or

In the free exercise or enjoyment of any right

or privilege secured

to him by the constitution or laws of the U. S., or because of his

having exercised same; or

c.

Two or more persons went in disguise on the highway, or on the

premises of another

d.

With intent to prevent or hinder his free exercise or enjoyment of

any right so secured

Penalty:

Fine of not more than $10,000 or imprisonment not more than

ten years,

or both,

and it death results, imprisonment

ior any term of

years or life las amended by Public Law 90-284, 4-11-68'

2.

Section 241 prohibits a criminal conspiracy to injure or oppress citizens

in the exercise of federally secured rights which include those guaranteed

by the Constitution and laws

of the U. S, and those individual rights

covered in Iitle 18, $$ 242, 245; Title 42, & 1973; and the Civil Rights

Act of 1964.

A person acting under the color of law can also be charged

with violation of section 241 should he conspire with a private citizen.

Title 18, USC, § 242.

Deprivation of rights under color of law

A person acting under color of law, statute, ordinance, regulation,

bo. Williully deprived or caused to be deprived from any inhabitant.

Rights, privileges, or immunities secured or protected by. the

Constitution

station can a statute, ordinance, rogulation,

Willfully subjected, or caused to be subjected, any inhabitant

, pains, or penalties than prescribei

On account of such inhabitant being an alien, or by reason of his

color or race

-

ALI, INFORMATION CONTAINED

impell

HEREIN IS UNCLASSIFTEI

DATE L2/23/00 BX SPZ ALMtH18

9-13-68

H# 55010 DocId:32989600 Page 43

---

## Page 44

3.

Г

[

[

Penalty:

of not more than $1,000 or ir

isonment not more than

one year,

both; and il death results, impisonment for any term of

years or for life (as amended by Public law 90-284, 4-11-68)

Section 242 punishes any person acting willfully and under color of law

to deprive any inhabitant

of lederally secured rights.

crime

is the intentional misuse of the power of public office.

rights subject to deprivation by persons invested with such power run the

gamut of all rights guaranteed by the Constitution, such as

due process and equal protection, the right to be free from unlawiul

search, arrest, and detention, and the right to be free from summary

punishment.

Also included are those rights protected by the laws of

the

U.S. as

interpreted by the courts and

specifically those rights

set

forth in Title 18, S$ 241, 242, and 245; Iitle 42, 8 1973; and the Civil

Rights Act of 1964.

Section 242 may be violatod by a private citizen if

he acts in concert with a person acting under color of law.

Title 18, $ 245.

Federally protected activities (classification 44

unless otherwise indicated)

a.

Prohibits willful injury, intimidation, or interference, or the

attempt to do so, by force or threat

of force of any person or class

porsons because of his activity as:

A voter, or person qualifying to vote, a candidate for elective

office, a poll watcher, or an eloction official in any primary,

special, or general election which includes all local, state, and

Federal elections

A participant in any program or facility provided or administered

by the U.S. (classification 173 il the complaint arises from

a matter covered by the Civil Rights Act of 1964)

An applicant for Federal employment or an employee of the Federal

Government (classification 173)

A juror or prospective juror in a Federal court

Participant in any program or activity receiving Federal

financial assistance (classification 173 if the complaint

arises from a matter covered by the Civil Rights Act of 1964)

b.

Prohibits willful injury, intimidation, or interference, or attempt

to do so, by force or threat of force

of any person because of race,

color, religion, or national origin and because of his activity as:

A student or applicant for admission to any public sohool or

college (classification 173)

a particioant in any program or facility provided or adminis

tered by a

state or local government (classification 173 if

the complairt arises from an incident covered by the Civil

Rights Act of 1964)

An applicant for private or state employment,

or a private or

state employee; a member or applicant for membership in any

labor organization or hiring hall; or an applicant lor

employment through any employment agency (classification 173)

(5)

A juror or prospective juror in a state court

or user of any lacility of interstate commerce or

common carrier

A patron of any public accommodation, including hotels, motels,

restaurants, lunchrooms, bars, gas stations, theaters,

amusement parks, or any other establishment which serves the

public (classification 173)

c.

Prohibits interference by force or threat of force against other per-

sons who are or have afforded others the opportunity to participate

or have aided or encouraged other persons

to participate in any of

•the activities

listed in items a and b, above

9-13-68

HH 55010

DocId: 32989600

Page 14

---

## Page 45

4.

SECTION 27. CIVIL RIGHTS

27B

is interference by force or thre

of force against a person

not participating for the purpose of intimidating a person who is

participating in the activities listed in items a and b, above, os

against a person participating in speech or peacelul assembly

opposing the denial of the opportunity to participate in these

activities

Penalty:

Fine not more than $1,000 or imprisonment not more than one

year, or both.

If bodily injury results, fine not more than $10,000 and

imprisonment not more than ten years, or both. If death results, im-

prisonment for any term of years or for life.

Prosecution may be brought under section 245 whether or not the criminal

acts involve a

conspiracy.

However, evidence indicating a conspiracy

in violation of section 241 should be included in reports.

Section 245 is applicable to any person or class of persons whether or

not they acted under color of law.

Section 245 specifically provides that no prosecution of an offense

described therein shall be undertaken except upon written certification

of the Attorney General that prosecution by the U.S. is in the public

interest and necessary to secure substantial justice.

42, 8.1973.

Voting Rights Act,

states from imposing certain voting qualifications,

standards,

practices, and procedures to deny or abridge the right of any citizen

to vote on account of race or color.

It provides for the use of Federal

examiners to register prospective voters and the assignment of Federal

personnal to observe state and local elections.

Sections 1973i and

1973j define a number of criminal offenses under the act within the

investigative

jurisdiction of the Bureau.

Jenial of the right to vote

Section 1973i la provides that no person actino under color or la

shall fail or refuse to permit any person to vote who is entitled

to vote, nor shall he willfully fail or refuse to give effect to

i a person a rota 2o

Penalty - $5,000 and/or not more than live years

b.

Intimidation

of person voting or attempting to vote

The criminal penalties for intimidation

of voters for section

(b) were deleted by Public Law 90-284, 4-11-68. A violation

of section 1973i (b) would also constitute a violation of the

provisions of litle 18, & 245, and should be investigated under that

statute which does provide criminal penaltios.

and bribery

Section 1973i (c) punishes fraud and other misconduct in connection

payment,

offer of payment, or acceptance of payment for registra-

tion or voting.

Penalty - $10,000 and/or not more than five years

d. False statements

Section 1973i (a) punishes false statements to examiners or hearing

officers.

e.

jection 1973j (b) provides punishment for destroying, defacing

nutilating, or otherwise altering ballots, or other official record

in any election in a political subdivision in which an examiner

Penalty - $5,000 and/or not more than five years

3

4-13-73

1H 55010 DocId: 32989600 Page 45

---

## Page 46

•270 - D

SECTION 27. CIVIL RIGHT

antisem

C.

RELATED STATUTES

Title 18, USO, & 243! Exclusion of jurors on account of race or color

Title 18, USC, $ 244. Discrimination against person wearing uniform of

armed forces

Title 42, USC, 8 1971 (Civil Rights Act of 1957), authorizes the Attorney

General

rights.

to take civil action seeking injunctive relief to protect voting

Public Law 86-449 (Civil Rights Act of. 1960) adds subsections to Title 42,

§ 1971, one of which operates

in conjunction with civil suits provided

for in Civil Rights Act of 1957.

It makes provisions for the appointment of

a Federal voting referee by the Federal

For other aspects of Civil

Rights Act of 1960,

see

sections pertaining to bombing matters, elections laws,.

fugitive matters, and obstruction of justice - obstruction of court orders.

D.

POLICY

1.

Definition of complaints

For purpose of this classification, a complaint is any allegation made or

information received from any

source not known to be unreliable, which

includes legitimate public press or other legitimate news media, indicating

a possible violation exists.

2.

Institution of investigations on own initiative and pursuant to request of

USA

?.

Department has instructed that Bureau may conduct a preliminary inves-

tigation of alleged routine violations of Iitle 18, USC, $§ 241, 242,

243, 245, on its own initiative and USAs are authorized to request

to conduct up to and including a preliminary investigation of any

allegations of routine violations of these statutes. [In matters

involving mass demonstrations, such as riots, marches, parades,

student demonstrations, and major confrontations between local

enforcement

officers and groups of persons, and in matters involving

deaths, no investigation shall be conducted by FBI on its own initia-

tive without prior clearance with Department, with the exception of

requests received in writing from USAs for investigation in Civil

Rights death cases not related to mass demonstration and confronta-.

tion-type situations

in which instances you should institute imme-.

diate investigation.] Advise Bureau by wire of any complaint received

from any source or any request from USA on such nonroutine matters

and conduct no investigation without prior Bureau authority. In con-

nection with Civil Rights complaints involving brutality or nonbrutality

allegations against personnel of the U. S. Marshal's Office, Drug

Enforcement Administration, Immigration and Naturalization Service and

Bureau of Prisons, obtain initial facts of the complaint from com-

plainant, victim or other original source and conduct no further inves-

tigation unless specifically instructed to do so by the Bureau. Advise

the Bureau by telephone, teletype or airtel of receipt and nature of

complaint and follow promptly with LHM.

Furnish four copies of

LHM and three copies of any reports submitted in such complaints.

complaint is referred to you by USA's office with request for investi-

gation, immediately advise Bureau by telephone and conduct no investiga-

tion UACB.

It will not be necessary to advise USA of such referrals.

b.

Upon receipt of any request for investigation from USA, immediately

advise Bureau by wire of facts of complaint and details of request

from

USA and conduct investigation requested of routine violations

unless request is illogical or unwarranted or other circumstances

known to your office indicate request

should be referred to Civil

Rights Division prior to instituting investigation.

In such instances,

furnish

complete details and include your recommendations.

advise USA of your actions in such instances.

C.

Continue to handle investigations of allegations of routine violations

on own initiative within scope outlined in this section relating to

complaints of police brutality and nonbrutality and violations of Title

18, USC, § 245, except that if death has occurred no intestigation is

be conducted without specific Bureau

WN 55010 DocId:32989600 Page 46

---

## Page 47

SECTION 27. CIVIL RIGHTS

27D

-катодів

3.

Handling of complaints

Immediately advise Bureau of receipt of complaint by AMSD letter,

airtel, teletype,

or telephone, depending upon urgency of situation,

setting forth briefly facts of

complaint and action being taken.

Form FD-365 may be used il information is submitted by airtel.

form may also be used to transmit letterhead memoranda to Bureau in

b.

Submit letterhead memorandum (LHM) instead of investigative repori

in any civil rights matter in which inquiry has been limited to inter-

with complainants

and or victims.

Existing instructions apply

regarding use of form FD-302. II interviews are recorded on form

FD-302s, copies of the FD-302s should be appropriately inserted in

Complaints involving alleged brutality inflicted under color of law

or alleged violation relating to a federally protected

activity by

force or threat of force

under section 245 are to receive an immediate

preliminary investigation unless some circumstance axists which would

such action to be undesirable or complaint involves mass

demonstration or confrontation situations or death as described in item

2, above.

Il investigation is considered undesirable, immediately seek

Bureau instructions on a UACB basis.

Il preliminary investigation is

undertaken, it is to be completed

and reported within 21 days of

receipt of complaint; if no investigation is conducted, interview

complainant and victim (if readily available obtaining sioned state-

ments if possible and submit LHM within 14 days of receipt of com-

If complaint does not allege brutality under color of law, a limited

investigation is conducted immediately upon receipt of complaint.

Exceptions to this procedure are set out hereafter under section

exceptions to procedure of initiating preliminary and limited investiga-

Bureau is to be immediately advised of receipt of complaint as

indicated above and a closing report is to be submitted within(21]

days of receipt of complaint.

If victims are

confined to hospitals or institutions and cannot be inter-

viewed except in presence of those charged with their custody, inter-

views should not be attempted and Bureau should be immediately advised

of such information.

When interviewing victims of alleged brutality under color of law or

of force or threat of force in connection with a federally protected

activity,

take photographs whenever possible of all injuries which

to eye and/or which victim allegedly suffered.

If alleged

injuries are concealed by bandages or casts, photograph bandages or

Any damage to property resulting from use of force in connec-

tion with a federally protected activity must also be photographed.

specific consideration to use of color film which often provides

in black and white.

or field supervisor is to review each case to insure photo-

show reason in details or on cover page, whichever is aypropriate. Also

set out in details of report a detailed

descrintion of injurios or

property damage observed by the Agent.

When no investigation is conducted, do not discuss complaint with USA.

HH 55010 DooId:32989600 Page 47

5

5-14-73

---

## Page 48

27D

SECTION 27• CIVIL RIGHTS

4.

Information relative to incidents of unusual local or national impor

tance which may not at time indicate viclation of civil rights should

be forwarded to Bureau and liaison established with local authorities

and Bureau advised

of developments. No investigation is to be

con-

5.

-ducted unless specifically ordered by Bureau.

If jou desire to contact a judge or a judicial officer in a civil

or

criminal action to determine disposition of a matter which may be

pending before court, such action cannot be taken without prior Bureau

clearance.

Bureau must be advised precisely why such information

can-

not be obtained from sources other than court or judicial officer

and must be furnished recommendation of SAC as to whether or not par-

ticular judge should be interviewed.

6. LAt the outset, advise the responsible head or appropriate official of

the agency or institution involved and, if a state agency or institu-

tion is involved, the governor or person acting in his absence, of the

HW 55010 DocId: 32989600

Page 48

6

6-13-74

---

## Page 49

""..

SECTION 27• CIVIL RIGHTS

27E - F

E. INVESTIGATIVE PROCEDURE

A preliminary investigation normally covers all of the below-listed procedures.

A limited investigation normally covers all of the below-listed procedures

with the exception the subjects are not interviewed unless they voluntarily

desire to furnish information.

Thoroughly interview complainant and/or victim obtaining complete data,

including names and addresses of subjects, additional victims, and poten-

tial witnesses.

2. Ascertain reliability and background of the complainant, victim, and/or

30

Identify subjects and, if possible, suspects and interview them. If any

subject, set forth reason in report.

If the subject, be he a police officer or otherwise, requests the inter-

view be conducted in the presence of his superior or any other single rep-

resentative of his choosing, the interview may be conducted provided

approval of the SAC has been obtained.

The interviewing Agents should

insure they do not volunteer the information they will conduct the inter-

view of the subject under such conditions prior to making efforts to conduct

an unrestricted interview. Any difficulty experienced in connection with

interview of a subject law enforcement officer must be brought to the atten-

tion of the Bureau immediately.

If a Chief of Police or acting head of

such department declines or indicates a reluctance to make a police officer

available for interview, you should nevertheless advise such official that

it will be necessary to

personally contact each police officer involved for

a personal expression of his desires.

Your office must then contact each

officer personally and ascertain whether or not he desires to be interviewed.

4. Interview not only available pertinent witnesses but all known eyewitnesses

to the incident.

5. Check jail and

court records when victim has been arrested. If the com

plaint relates to a federally protected activity, determine what complaints

have been made to local authorities regarding the act of interference and

6.

what, if any, action is contemplated or has been taken.

Check hospital records and interview doctors if victim or subject received

hospital attention and also identify and interview all persons present when

victim received medical attention

as well as the persons who transported

or accompanied victim to the hospital or doctor. If victim required

medical treatment and if warranted, have victim execute FD-465 (Authority

to Release Medical Information), if

he appears legally competent.

under age, FD-465 should be executed by parent or legal guardian.]

7.

Take appropriate color and black and white photographs of complained-of

injuries or damage to property if possible and locate and preserve any

physical evidence.

8.

After completion of investigation, unless Bureau instructs otherwise, USA

should be contacted for his views

as to merits of particular case and

whether or not further investigation is desired.

If he suggests further

investigation, a report should be submitted showing information developed

and views of USA. Advise Bureau by wire or airtel, depending on urgency,

of specific investigation requested, and conduct investigation unless infor-

mation known to your office indicates request should be referred to Dépari-

ment before proceeding. USA is not to be advised of your action in this

regard.

If USA is unable or unwilling to furnish his views at time of initial con-

tact, he should be followed on a day-to-day basis until such is obtained.

If USA indicates he desires to furnish his views directly to Department or

views will not be forthcoming promptly, set forth this in report with state-

ment to effect that in light of comments of USA, this matter will no longer

be followed with USA for his determination unless specifically requested

by Department. Report should not be delayed to report additional inves-

tigation but a supplemental report submitted. USA cannot decline prosecu-

tion inasmuch as final determination of prosecution rests with Civil Rights

Division of Department.

Consequently, no arrests are to be made or com-

plaints filed without

Bureau authority.

7

HH 55010 DooId:32989600 Page 49

10-15-73

---

## Page 50

27E - G

SECTION 27. CIVIL RIGHTS

9. Information which is furnished should show that you have exhausted all

reasonable efforts to cover the requirements set

forth for an adequate

preliminary investigation.

If victims are unavailable for interview,

this should be pursued until they are interviewed or justifiable reasons

exist why they cannot be

interviewed. The same requirements hold

Erue for

complainants, known eyewitnesses, doctors who have examined the victims,

police officers, etc.

In the event a preliminary investigation is not

completed by the deadline because witnesses are unavailable, this should

be set forth in your report which will be submitted to the Bureau to meet

the deadline.

You must continue your efforts to locate and interview the

unavailable witnesses. Any discontinuance of investigation must be justi-

fied and set forth in your report by full explanation.

F. EXCEPTIONS TO PROCEDURE OF INITIATING PRELIMINARY AND LIMITED INVESTIGATIONS •

In following instances, interview complainant or victim if readily available

and submit letterhead memorandum to Bureau within five days of receipt of com-

Furnish a copy of letterhead memorandum to USA, but do not contact

him for his views. Conduct no further investigation UACB.

1. Deleted

2. Alleged failure, of any public official to take official action. Involves

cases in. which a public official, who is a witness to or cognizant of, a

deprivation of the civil rights of an individual, such as an assault upon

that individual, fails

to take appropriate action to protect the individ

ual's person or

rights.

Alleged deprivation of civil rights in connection with trial, conviction,

or sentence.

Includes allegations of improper extradition procedures.

4. Alleged deprivations relating

to or growing out of treatment of incarcerated

persons or concerning the administration of prisons or jails. Allegations

of brutality handled as cases involving police brutality.

5. Alleged unlawful deprivation of property by purported action of any public

agency. Involves cases relative to imposition of zoning restrictions on

property, exercise of eminent domain without due process of law, and like

situations.

Upon receipt of complaints under Title 42 (Voting Rights Act of 1965)

alleging violations of section 1973i (a) (denial of the right to vote),

1973i (c) (vote fraud and bribery), 1973i (d) (false statements), and

1973j (b) (destroying or defacing election documents)

7.

Upon receipt of a complaint alleging violation of Title 18, § 245 (fed-

erally protected activities), where the alleged act of interference results

from means other than force or threat of force

8.

Whenever there are other circumstances indicating that immediate investigation

may not be desirable, the facts will be brought promptly to the attention of

the Civil Rights Division for a determination as to the action which should

be taken.

Go MISCELLANEOUS INSTRUCTIONS

1. If the initial closing report showing the completed preliminary investigation

or limited investigation is not submitted within 21 days of receipt of com-

plaint, SAC must submit to Bureau reasons for failure to meet deadline,

together with his recommendations for administrative action. This communi-

cation must be submitted to Bureau on same date as report.

This procedure

should also be followed in exceptions to preliminary and limited investiga-

tions when the letterhead memorandum is not submitted within five days of

receipt of complaint.

20

No full investigation

should be conducted unless approved by the Bureau.

3.

Investigations are to be given immediate, preferred, and continuous atten-

tion and handled in an impartial manner.

4. Investigations are to be assigned to mature and experienced Agent personnel,

preferably those Agents trained and experienced in handling

such cases.

Agents handling such cases should avoid using any investigative techniques

or expressing opinion which might indicate prejudice.

55010 DocId:32989600 Page 50

8

10.15.72

---

## Page 51

SECTION 27• CIVIL RIGHTS

27G

50

Civil Rights investigations are not to be assigned to Agents (a) who are

former police officers, (b) who have close relatives in the police

department involved, or (c) who are natives of the localities involved.

Good judgment must be utilized and these cases will not be investigated

by Special Agents who have excellent, close working relationships with

the officers who are the subjects of

such investigations and/or with the

specific law enforcement or other agency involved.

Special Agents will

continue to be responsible for conducting a thorough interview and

obtaining full details from the initial complainant whether he be the

victim or otherwise even though they may have excellent, close working

relationships with the officers or the specific law enforcement or

other agency involved in the complaint.

6.

Iwo Agents should be present at all interviews of subjects and potential

subjects.

Other interviews should also be conducted by two Agents when-

ever circumstances indicate this should be done to protect the Bureau's

interest.

7. Signed statements should be obtained from the victim, the

all witnesses if possible.

subject, and

'8.

Two copies of all exhibits should be forwarded to Bureau, one copy to

UsA, and one copy retained in division file.

9.

10.

Local law enforcement officers may not be used in any manner at any time

in investigation without Bureau authority.

Advise Bureau of any controversy, criticism, or unusual publicity in

connection with these cases.

11.

Be alert for any type of

activity in division which may result in civil

rights violations.

Be sure that problems

arising from such activity

are reported and develop adequate informant coverage to insure effective

and prompt results if complaint received.

See section 122, volume IV,

of this manual for coverage of organizations and groups in connection

12.

with civil rights matters.

When the Department requests the Bureau to follow and report the results

of local or Federal action being taken against a subject or victim, such

information must be submitted by investigative report.

13€

this type of report must receive expeditious attention.

Furnish copy of report or letterhead memorandum to USA unless Bureau

instructs otherwise.

14.

In connection with notification to head of agency whose personnel is

involved in a civil rights allegation or in conducting interviews with

subjects and others in civil rights

cases, do not identify source of

complaint.

If necessary to effect identification of officers or incident

involved, it is sufficient to state

to effect that a civil rights inves-

is being conducted of an allegation that victim (identifying him

by name, was beaten by officers on or about (date of incident).

HH 55010

DocId: 32989600

Page

51

10-15-73

---

## Page 52

""*-

SECTION 27• CIVIL RIGH

27G - I

15.

Report complete descriptive data including local criminal and field office

indices information on

victims and subjects and observable descriptive

information on witnesses such as race, approximate agè, and obvious physic:

handicaps that might

the ability of the witness to observe

remember

the incident.

Advise victims and witnesses that information

furnished may be used

in a court of law.

16.

In addition to obtaining any police reports on the incident, determine wha:

action has been

or will be taken against victims) and subject(s) through

appropriate officials and/or records.

Do not delay completion of investiga

this information but show in report the reason for its

unavailability during course of the investigation.

Obtaining such reports

does not preclude necessity for conducting complete independent investiga-

tion.

17.

Describe

scene of the incident and where appropriate supplement description

with photographs or prepare a rough diagram of the place where the alleged

incident occurred.

18°

In death

case preliminary investigations obtain copies of any autopsy

or coroner's report; copies of verdict of, and list of exhibits

presented to, any coroner's jury and interview the pathologist or medical

examiner performing autopsy.

19.

When request for investigation emanates from the Civil Rights Division's

office, furnish

copy of report to both the Civil Rights Division's

and Uhited States Attorney covering area.

20.

When requested to

"monitor" possible civil rights situation, effect liaison

contact sources, and furnish

pertinent news articles.

H. CLASSIFICATION - 44

I. CHARACIER - CIVIL RIGHIS

CIVIL RIGHTS - ELECTION LAWS

CIVIL RIGHTS

- FEDERALLY PROTECTED ACTIVITIES

HH 55010

DocId: 32989600

Page

52

3-13-73

---

## Page 53

• SECT

28. CIVIL RIGHTS ACT OF 1964

28A-0

8, sham..

A. BACKGROUND

The Civil Rights. Act of 1964 was enacted into law on 7-2-64 and became.

effective that date with the exception of the employment provisions

became effective 7-2-65.

The

work are

the

titles dealing with

public accommodationiyubtic facilities,

public education, and employment.

B.

STATUTES

Public Law 88-352 - Civil Rights Act of 1964 (Iitle 42, § 2000)

Title 18, USC, $ 245

Public Law 92-261 - Equal Employment Opportunity Act

of 1972, effective 3/24/72

PUBLIC ACCOMMODATIONS

§201. Provides injunctive relief against discrimination because of race,

color, religion,

national origin in

places of public accommodation; i.e.,

establishment offering lodging or food lor consumption on the premises,

gasoline station, and place of entertainment if its operation affects commerce

or il discrimination or segregation by it is supported by state laws.

Establishments covered

Inn, hotel, motel, or other establishment which provides lodging to

transient guest, other than an establishment within a building which

contains not more than five rooms for rent or hire and proprietor

maintains his residence in the building

Restaurant, cafeteria, lunchroom, lunch counter, soda fountain

Motion-picture house,

theater, concert hall, sports arena, stadium,

or entertainment as set forth in 2b

[

MORIE

ATT. INFORMATION CONTAINED

HEREIN IS UNCLASSILLED

Any establishment which is physically located in any covered estab-

lishment; e.gog

a barber shop in a motel or hotel

Private clubs are exempted except to the extent to which they open

their facilities to an establishment covered by the act.

Investigation - public accommodations

In statos in which there is a state law or municipal ordinance

prohibiting discrimination in accommodations:

Interview the complainant and obtain signed statement.

Rofer complainant to local agency dealing with equal accommo-

dations and advise him that under the

Statute no Federal action

is possible prior to expiration of 30 days after complaint is

made to local agency in person or by registered mail.

Submit letterhead memorandum (original and two copies) within

[fourteen]days of receipt of complaint.

(4) Conduct no other investigation.

In states in which there is no state law or municipal ordinance

prohibiting discrimination in accommodations and a complaint has been

received,

conduct a preliminary investigation consisting of:

Preliminary investigation applying to all cases Where-

ever appropriate below,

"Negro" should be read to refer to

whatever race, color, religion or national origin is alleged

to be the basis of discrimination

Interview the victim or victims. Obtain signed statements.

If there are numerous victims, interview only a representa-

tive number but if

of these interviews logically re-

quire interviews with additional victims, this should be done.

If the identities of other witnesses to the incident other

than employees of the establishment are known, interview

than two of them.

Interview any employees of the establishment who were

witnesses to the incident.

preferably this interview

should be conducted away from the

premises of the subject

Determine what instructions they have

received with regard to allowing Negroes the use of the

facilities of the subject establishment.

(a)

Interview the proprietor (or in those instances in which the

is not run by the owner, the manager)

regarding the incident complained of and in addition

ascertain the following information:

Whether the subject establishment is open to the general

public

55010

DocId: 32989600

Page 53

1

6-13-73

---

## Page 54

280

SECTION 28. CIVIL RIGHTS ACT OF 1964

=

II.

no present policy and practice

the subject astablish-

respect to allowing Negroes the use of its

facilities

on an equal basis with whites and other mom-

of the general public. If this present policy dif-.

from-any past policy, determine the past policy,

approximate date the present-policy took effect, and

III.

for the change in policy.

Whether any signs indicating separate racilities lor

Negroes

or indicating that Negroes would not be accorded

the same

services and privileges as white persons have

ever been posted on the premises.

If so, ascortain the

approximate date of posting and whether the sign is still

on the premises.

If it is,

photograph it.

If it is not

still

IV.

the premises, determine the date

of removal.

Whether there has aver aristed at the subject estab

lishment any custom of separate facilities or areas

Lor Negroes.

Il there has been such a custom since

7-2-64, ascertain the details.

v.

Whether Negroes have ever used

or have ever been de-

nied for any reason, the use of any or all of the fa-

cilities

this establishment

(e)

Determine

the location of the subject establishment in

relation to nearby highways, train and bus terminals, air

ports and gasoline stations.

(1)

Make

I.

a simple sketch

Designating and indicating the approximate size of all

rooms, entrances, hallways and restrooms, and indicating

the placement and approzimate number of all accommoda-

tions and entertainment devices (e.g., booths,

tables,

stools, carry out window, juke bor, pool table).

II.

Showing, if applicable, the relationship between the sub-

ject establishment and

any related establishment.

"related establishment" is meant

one which has

premises the subject establishment or one which is

within the premises of

the subject establishment.

(g)

Determine what

advertising, il any, is done by the subject

establishment.

Obtain copies of any advertisement if possible.

Ascertain the

owner of the property on which the subject

establishment is located, the proprietor of the establishment,

and the persons responsible for the management.

Il a corpor-

ation is responsible

for ownership or management of the es-

tablishment, ascertain names and addresses of the officers

and directors.

(i)

If the subject

establishment is an inn, hotel, or motel or

other lodging establishment:

I.

Determine the number and general type of rooms in the

subject establishment and the rates charged for the

rooms by the day, week and month.

If the establishment

has five rooms

or less,

ascertain whether the owner

actually occupies a portion of the establishment as his

residence.

II.

Determine by intertiewing the manager the minimum and

of time for which lodging to guests is

Il the subject establishment is a restaurant, lunchroom,

soda fountain, or other eating facility, obtain a copy

of any menu or otherwise ascertain the selection of food

and beverages available at the subiect establishment.

If the subject establishment is a sasoline station:

L• Determine the number of restrooms at the subjec

sasoline station land photograph any signs indi

cating a racial preference in accord with paragraoi

32 6 (1 (a) III above.

Determine the brand name

of all automotive products

sold at the subject establishment (e.g., gasoline,

tires and the name and address

the distributor

011, air filtor from whom the propriator purchasea

each of these items.

2

4-13-72

NH 55010 DocId: 32989600

Page 54

---

## Page 55

..

[

SECTION 28. CIVIL RIGHTS ACT OF 1964

28C

(1) [If the subject establishment is alrestaurant, lunchroom,

soda fountain, or other eating facility not located

a U.S. or interstate highway or not in the immediate

vicinity of a bus or train terminal or airport:

I..

Obtain from the owner or managerastatement of the

approximate dollar amount of his total expenses during

the last six months for lood and nonalcoholic

bevarages.

Upon the receipt of this information,

identify and interview

the subject establishment's

principal suppliers with respect to the dollar

amount

of goods sold to the subject establishment during

the

past six months from the date of the request or during

any recent convenient period of time comparable in

length, and ascertain the approximate percentage

there-

of

which

originates from outside the state in which the

subject establishment is located.

When it is established

that at least 25% of these goods has originated from

II.

out of state, the investigation on this point may cease.

If the

above

information as to dollar amount of the

total

expenses is not available, conduct the inter-

views of the suppliers as stated in the above sub-

but place no percentage limit on the results.

If there is a

substantial likelihood that these

suppliers will not retain their records relating to

the subject establishment for at least six months,

(a) i con uten data a quent toan eating facility operated

I.

Conduct the investigation outlined above in para-

II.

Determine the approximate dollar amount of expansos

for alcoholic beverages during the last six months

from the date of the request or during any convenient

period of time of comparable length.

4-13-73

HH

55010

DocId: 32989600

Page

55

---

## Page 56

280

=

I (n)

SECTION 28. CIVIL RIGHTS ACT OF 1964

Determine the hours during which

establishment is open for business, and whether food

service is available during all or only part of this

If there is a separate dining area, determine

whether food service is available in this

area during

part of the time the surger establishment is

open for business.

Determine the hours any waitresses or other serving

personnel are on duty and whether they are assigned

exclusively or primarily to one particular area of

the subject establishmenü.

Obtain a copy of any menu or otherwise ascertain the

selection of food available at this

Determine

establishment.

relating to food and beverages

are possessed by the subject establishment.

Photograph the interior and exterior of the subject

establishment.

advertising

Include in these photographs any signs

If the subject establishment is a place of exhibition or

entertainment which presents performances for the enjoyment

of at eater establishment each contains enterts ament devices

through the use of which its patrons may entertain themselves

le go, ferris wheel, goli equipment, pool tables, television,

juke box, roller or

ice skates, sporting or exercise

facilities).

I.

Determine what type of entertainment and activities

are offered by the subject establishment, and the fee

which patrons must pay or the contracts into which

they must enter for use of the establishment's

racilitios.

II.

Identify all sources of entertainment (e.g., band

other human performers) which originate from outside

the state in which

subject establishment is located

and have appeared at the establishment in the past

two years.

III.

Identify the location from which these sources of

entertainment originated, and place of

manufacture of

all mechanical sources of entertainment used (e.g.,

band instruments, amplifiers).

IV.

Determine the dates on which the out-of-state sources

of entertainment appeared at the subject

establishment

and if only once during the past 12 months, determine

if any annual or biannual Irequency of appearances

V.

Identify any mechanical sources of entertainment

subject establishment, (e.g., golf

automatic

pinball machines, pool tables and

VI.

and address of the manufacturer

such sources of entertainment.

such source of entertainment.

VII.

VIII.

designated

latch any entertzinment formally presented or ti

observe any other

patrons entertaining themselves by

use of mechanical or live sources of entertainment.

If any restaurant, lunchroom, soda lountain, or

other eating facility is located within the

of the place of exhibition or entertainment (see

paragraph C 2 (b) (1) (1) II abore) conduct

intestigation of that restaurant, lunchroom,

4

4-13-73

HH 55010

DocId: 32989600

Page 56

---

## Page 57

SEC

ON 28• CIVIL RIGHTS ACT OF 19

28C

-

fountain,

or other eating facility called for in

paragraphl (1) labove.

(0) Any establishment which purports to be a private club.

including those establishments described in paragraphs

(1) , (m)

and (n) above.]

Obtain, if available, a copy of the club's bylaws

II.

Determine

or charterine legal entities intolted in the ownorship of

the property and management of the club

¡poration, partnership, unincorporated association, sole

proprietorship) and the names, addresses and race

the

persons involved (e.g., partners); determine the pre-

officers and methods by

which they were selected.

III.

Determine whether any numerical limit is set upon

membership in the club.

IV.

Determine

whether

lifetime, is required in connection with membership in

the club,

and if so, in what amounts.

V.

Obtain a

copy of any membership list that might be

VI.

maintained.

Ascertain the number of members of the club and

whether there are any nonwhite members; if there are,

obtain their names and addresses.

VII.

Determine all details of the procedures by which

a person

or family makes application for membership

in, and is admitted to, the club.

VIII.

Ascertain what qualifications, il any, a prospective

member must meet to be eligible for membership and

IX.

what items, if any, disqualify him.

Determine whether the recommendations of existing

members are required from prospective members.

X.

Determine what control, if

any, existing members have

over the admission of

applicants for membership,

(e.f., whether there is a membership committee

selected by the members to represent them if such a

membership committee exists,

obtain the names and

addresses of its members, whether

there is a blackball

system by which one or more individual members

can reject an applicant even though he might have

been recommended by another member or members,

whether notice of pending applications is given to

existing members, whether existing members are notified

after an applicant has been admitted).

XI.

Ascertain whether the members exercise

control

over the financial operations

of the establishment

and to what extent (e.g.,

do they own any of the

property, do they determine how the revenues from

the

establishment's operations are used,

are

these

revenues retained by the establishment's manager).

HH 55010

Docid: 32989600

Page 57

1-1572

---

## Page 58

280

" .

SECTION- 28.

CIVIL RIGHTS ACT OF 1964

XII.

XIII.

in any

advertisements.

Il copies cannot be obtained

describe the advertisements, including whether

such advertising indicates in annay that the

subject establishment is a pritate club not open

to the general public.

It the subject establishment is listed in the local

determine whether its listing

XIV.

whether nonmembers can rent the facilities

the club).

Xv.

Determine whether the establishment has ever been

operated on some basis other than a private club.

* 22)

(2)

Submit a repoit withinl21ldays of receipt of complaint.

(3)

Where the same accommodation is involved in numerous refusals

of service,

one

case may be opened and victims and dates added

to the title as complaints are received.

When logical

investigation has been completed,

case may be closed, subject

to reopening when

additional complaints are received.

HH 55010 DooId:32989600

Page 58

6-7

6-13-73

---

## Page 59

[

SECTION 28. CIVIL RIGHTS ACT OF 1964

28D - E

D& I. PUBLIC FACILITIES AND PUBLIC EDUCATION

•1. A publio facility is one other than a place of education which is owned,

operated or managed by or on behalf

Of any State or

subdivision thereof.

2.

A place of public education is any'educational institution operated by

- a State, any subdivision of a State, any Governmental agency within a

State,

or operated wholly or predominantly from or through the use of

Governmental funds or property derived from a Governmental source.

3.

Take

the following action upon receipt of a complaint alleging

discrimination because of race, color, religion, or national origin in

a place of public lacility or because

of race, color, religion,

national origin in a place of public education.

Interview complainant and take signed statement to include:

1)

Pertinent

personal history and background information.

2

Full details

of the alleged discrimination.

3

All information the complainant has regarding the operation of

the public facility, public school or public school system on

a discriminatory basis and the identities of any other persons

who have sought to use the facility on a nondiscriminatory

Full details of any other efforts made by the complainant or

others on his behalf to rectify the alleged discrimination and

the ability or inability of the complainant to bring legal

action on his own behalf or through some interested organization.

In this connection the complainant should not be asked whether,

in his opinion,

he is able

or unable to sue, inasmuch as this

would be a legal conclusion.

He should, however,

general information regarding his employment, whether he owns

his home and automobile; ii so, to furnish a

description of

the house and automobile. Also, how many dependents the

complainant supports and

whether he is a member of any civil

rights organization that provides legal counsel in this type

b. It the complainant refuses to submit a signed statement, take no

further action and submit a letterhead memorandum setting forth

facts of the complaint and details of the interview.

If the complainant submits a signed statement alleging unlawful

discrimination, proceed

with the following preliminary investigation:

Interview

a representative number of other victims named by

Interview the manager, superintendent, or other appropriate

person or persons responsible for operation of the facility

or school to determine:

Full details of situation described by complainant.

What policy and practice have been followed with respect

to operating in a nondiscriminatory manner.

(c) Whether any change in such policy or practice is

contemplated.

a. Complete and submit report within[fourteen]days of receipt of the

complaint.

HH 55010 DocId:32989600 Page 59

8-9

6-13-73

---

## Page 60

28F

SECTION 28. CIVIL RIGHTS ACT OF 1964

F.

EMPLOYMENT

§ 703. = Prohibits discrimination in employment because of race, color,

religion, sex, or national origin.

Prohibited acts extend to hiring, firing,

promotions, wage scales, and all other conditions of employment.

Exemptions

are granted for legitimate occupational qualifications based upon religion,

Discrimination is not punishable as a crime

or under certain conditions,

was established to receive

1.

and adjudicate complaints.

Establishments covered

Business establishments affecting commerce and having 25 or more

employees. (This changes to 15 or more employees beginning

Employment agencies procuring employees for the above firms

Co

Labor unions in industries affecting commerce

State and local governments, agencies, political subdivisions and the

District of Columbia Departments and agencies which are not subject by

law to the Federal Competitive Services.

e.

Federal Government employment (handled by Civil Service Commission).

f. Exceptions:

The Act does not apply to state or local elected officials,

persons chosen by

such officials to be on

their personal staffs, policy-

making level appointees and immediate advisors of such elected officials,

or to religious educational institutions.

Preferential treatment may

be given

to Indians on or near an Indian reservation.

.2 Preliminary investigation to be conducted upon receipt of a complaint

a.

(1)

(2)

b.

Advise complainant if he wishes to pursue matter with EEOC,

he should do so within 180 days of the alleged discrimination

(3)

Furnish complainant with location of nearest EEOC office

Complaint against state or local government and educational institu

tion or unions representing governmental employees or public employ-

ment agencies, such as state employment services

(1)

EmpLoyer•

Where complaint involves any actions or practices

of the employing governmental entity, interview complainant,

preferably at some place other than place of employment, and

obtain following information:

Full background of

complainant for all details that might

bear on his qualifications or eligibility for employment

or promotion by the subject employer, including age,

race, education, previous employment experience and length

of time, if any, he has worked for subject employer

of subject employer le go, city, county, Irrigation

district), approximate number of

employees, and

approximate percentage of female and minority employees

employed by the jurisdiction or unit involved.

Ascertain

whether office or installation where complainant works

is located near or in a minority neighborhood

Full details of complaint

It complainant is or had been working for subject employer,

as would be true if he complains of discriminatory promo-

tion or discharge policies:

His present job category and department and any pre-

In us jobs and departments indicating length of time

II.

His wage category and its position relative to other

wage categories of the employer

III.

His duties, and whether any white persons, in the case

a sex complaint, perform or have

performed similar duties

10

7-15-74

HH 55010

DocId: 32989600

Page 60

---

## Page 61

-

SECTION 28• CIVIL RIGHTS ACT OF 1964

28F

IV.

Number of minority and female employees in his job

category or department; and in othér job categories

and departments of which he is aware

V. Names of other minority or female employees who work

for employer and departments and-job categories to wnich

VI. His understanding of the operation of the promotion,

recall and layoff systems, if any

VII.

lotal number of departments, seniority lines, produc-

tion areas and any other information known about

structure of employer or employing agency

(e) If complainant is not and has never worked for the employer,

but instead is alleging discrimination in hiring:

I.

Date on which he or she applied for the job

II. Method by which he or she found out about availability

of the job or decided to apply for a job

III.

Whether he or she was required to take any test and,

if so, nature of the test

IV.

Name of person, if any, who interviewed him

V. Whether he or she submitted written application

VI. Any other steps he or she was required to take to com

plete employment application process

VII.

When and by what means notification or rejection for

employment given

(f) If employing agency

is unionized, ascertain name of union,

how many members it has, percentage of minority or female

members, Whether complainant is or has ever been member of

the union, whether complaint in question was brought to

attention

of the union and what action, if any, was taken

(g)

by the union on complaint

Determine whether similar

complaint has been filed with any

other Federal or state or local agency and, if so, details.

including date on which it was filed, and disposition, if

any, which that agency has made

(h)

Determine whether complainant knows

persons of females who have been similarly affected by

subject employer and, if so, their names and dates of

alleged discriminatory conduct

(i)

Obtain copies of any pertinent written material or documents

that complainant may have in his possession, such as copies

of applications to employer and correspondence from it

When complaint appears to involve any actions or prac-

ferably away from his place

of employment and obtain following

information:

11

7-15-74

H# 55010

DocId: 32989600

Page 61

---

## Page 62

28F -

SECT

28. CIVIL RIGHTS ACT. OF 1964

(a)

Full background of complainant including all details that

might bear on qualifications for membership in subject

union or for referrals by subject union, such as age,

sex, race, education, previous emplayment experience,

and any municipal licenses he may possess qualifying

to work in the trade.

(b)

Nature, of subject union, that is, whether it is an indus-

trial union representing employees in a plant or craft for

building trade) union.

If it is a craft union,

ascertain from complainant whether union operates a hiring

hall and, 1t so, details about operation of the hiring hall

(c)

(d)

Full details of

complaint

If complainant was seeking membership in the union:

Type of membership he was seeking, i.e.,

whether he was seeking apprentice status or journey-

man status

II.

Whether he made any written applications to the union

and, if so, dates of those applications

III.

How he came to make application to the union, i.e.,

whether he was referred by friend of relative,

interested organization, or employment service

IV.

Whether he was

required

to take any examination and

nature of examinations

Whether there was an interview and, it so, person who

Whether he was notified of his acceptance and, if so,

when and how, and whether he has had any further con-

tact with the union

(e) If complainant was claiming discrimination in some practice

of subject union other than that relating to admission to

membership in the union, determine whether it related to

operation of grievance procedures, work referral system, a

work permit system,

or some other

union function,

(f)

ascertain details of alleged discriminatory practice

If on any previous occasions complainant sought membership,

to be referred for work, utilized grievance procedure or

other service or benefit from subject union,

ascertain all

dates upon which such occurred and full detaiis about each

of these contacts with the union

(g)

Whether there are black or other ethnic minority members,

(i)

complainant may have in his possession pertaining to com

plaint or to his contact or connection with subject unio

(3)

.

IN 55010 DocId:32989600 Page 62

12

7-15-74

---

## Page 63

SECTTON

28. CIVIL RIGHTS ACT OF 1964

28F -G

-

(a)

Full background of complaintant including all details regard-

ing qualitications ior employment, such as age, sex, race,

education, previous employment experience

(b)

Nature of

employnent agency, and types of jobs to which it

generally refers persons.

Ascertain whether employment

(c)

(d)

(e)

agency's office is in a minority neighborhood

Full details of complaint

Type of job for which he sought employment. Ascertain

whether he had any previous experience in such jobs

Type of job to which he was referred, indicating nature of

work and

level of pay, whether any other minority or female

person held similar jobs

(f)

If he was not referred to job, what reasons he was given

for the

failure or inability to refer him.

Ascertain

whether he was refused referral on any previous occasions

and, if

so, details

(g)

Previous experience with employment agency, including whether

he was

ever referred to any other job and, if so, nature of

those jobs and dates of referrals

(h)

Full details about contact with employment agency including

applications and other forms filled out, the name of person

who interviewed him, what job possibilities were mentioned

to him, and whether he was

advised formally or informally

that certain jobs about which he had expressed interest

would not be available to him

Whether he knows any other minority group persons or females

who have been similarly affected by subject employment

agency and, if

so, their names and dates of alleged

discriminatory conduct

Obtain copies of any written documents that complainant

may have in his possession relating to his contact or deal-

ings with employment agency

(4) Advise complainant that information he furnished will be for-

(5)

warded to U. S. Department of Justice.

Advise complainant of existence of any appropriate state law

or local ordinance and refer him to appropriate state or local

agency. Also, that in order to obtain relief on his individual

grievance, he

should file complaint with EEOC, and this must

se done within 180 davs alter the alleged discriminatior

Include fact that he has been so advised in investiga-

tive report.

c. Submit report within fourteen working days of receipt of complaint.]

G. INTERFERENCE WITH FEDERALLY PROTECTED ACTIVITIES RELATING TO PUBLIC

ACCOMMODATI ONS,

PUBLIC FACILITIES,

PUBLIC EDUCATION, AND EMPLOYMENT

Where interference consisting of force or threat of force prohibited

by Title 18, USC, & 245, is involved, handle in accordance with

provisions of volume II,

section 27 E, of this manual using appropriate

Civil Rights Act of 1964

character.

2. Where other interierence is alleged,

such as by coercion, intimidation,

and economic pressure, submit letterhead memorandum to Bureau and

take no further action.

3.

The employment provisions of this act require a specified minimum

number of employees to establish jurisdiction.

No such minimum number

is required under provisions of Title 18, USO, & 245, relating to inter-

ference with employment.

4.

Title 18,

Civil Rights Act of 1964 and also covers an establishment which serves

the public and which is principally engaged in selling beverages for

consumption on the premises, e go, a bar.

HH 55010 DooId:32989600 Page 63

13

7-15-74

---

## Page 64

28H - 1.,

SECTION

28. CIVIL RIGHTS ACT OF 1964

H. ANNOUNCED TESTING OF ACCOMMODATIONS OR FACILITIES

I. When information is recejved that persons are planning to test the prao-

tices

of a facility or accommodation in a community in which

the free

use of such facilities or accommodations has previously been interfered

with by force or threats,

submit teletype to Bureau.

Do not assign

personnel to gbserve such

testing and/os photograph acts of interference

or obstruction in the absence of specific prior Bureau authority.

20 [Deleted]

3.

In thor do tearera dare ran person anjury,

serious

concerning refusal of service, initiate a preliminary investigation and

submit a report within fourteen days.

4.

If there is no interference or refusal of service, submit a letterhead

memorandum (original and five copies) setting forth the details of the

5.

Where your office receives advance notice of testing of public accommodations

or public facilities and there is no indication there will be any inter-

ference, obtain details concerning the testing and promptly furnish a

6.

letterhead memorandum (original and five copies).

No commitments are to be made to groups which advise your office of plans

to test accommodations or facilities that Agents will or will not be

present to observe and photograph such demonstrations.

1. Furnish copy of letterhead memorandum in both of the above instances to

the local office of military intelligence if within scope of present

requirements to do so, and advise appropriate local authorities orally.

I. PENALTIES

There are no substantive criminal penalties attached to discrimination rohibited

by the act.

The aggrieved person, or in some instances the Attorney General,

may seek relief through civil action.

Written complaints with regard to public

facilities and public education are subject to the provisions of Title 18,

USC,. $ 1001.

A $100 fine is provided for failure on the part of an employer,

employment agency, or labor union to post notices required by the aqual

Employment Opportunity Commission; however, this violation will be handled by

the Commission.

53010

DooId:32989600

Page 64

14

6-13-74

---

## Page 65

•CTION 28. CIVIL RIGHTS ACT OF

964

28J

J.

MISCELLANEOUS

1.

2.

3.

Furnish a copy of all reports and letterhead memoranda to the USA.

Note that a business, such as

a department store, which would not

normally be covered

by the act is completely covered if it has a

counter or some other subsidiary unit which would be covered by the act.

A barber shop is not normally covered, but a barber shop in a hotel or

any other place subject to the provisions of the act would likewise be

4.

5.

Discrimination is not limited to refusal to admit or serve but includes

any difference in the nature or extent of services or prices charged.

Two Agents should be present at all interviews of subjects and potential

subjects.

Other interviews should also be conducted by two Agents when-

ever circumstances indicate this should be done to protect the Bureau's

interest.

6.

Do not advise persons interviewed of their rights except when interference

by force or threat of force, interference with witness, or other obstruc-

tion of justice is present.

7.

The first paragraph of the

details of the report should so indicate if the

investigation is limited or preliminary.

When conducting a full

investigation, no reference should be made as to the scope of investigation

as it is not restricted.

A limited investigation is one other than a

preliminary, full, or mere receipt of a complaint.

8.

copy of photographs or other exhibits to the USA and two copies

as enclosures to the report except that three copies should be

furnished the Bureau in employment cases. Retain one copy in the field

office file.

9. [Deleted]

10. When a letterhead memorandum in these cases is transmitted to Bureau by

airtel, form FD-365 may be used for this purpose.

11.

Information concerning discrimination obtained

solely from legitimate

news media, personal observation by Bureau personnel, or from any other

source not known to be unreliable should immediately be submitted to the

Bureau in a form suitable for dissemination.

If the information is

obtained from published material, it will be sufficient to submit two

copies of the clipping by cover airtel. No other action should be taken

in the absence of

a complaint with the exception of information indi-

cating interference which should be handled in accordance with section G,

item 2,

12.

of interference or violence or potential interference or

violence in connection with the desegregation of public schools, public

accommodations,

public facilities, and employment under the provisions of

the Civil Rights Act of 1964 is to be brought to

,the immediate attention

of appropriate state and local officials.

Also advise military intel-.

ligence and Secret Service if within the scope of present requirements

to do so.

The initial communication to the Bureau should show that this

13.

14.

Do not identify source of complaint to any person interviewed or con-

tacted during the course of an investigation.

If necessary to effect

specific incident involved. it is sufficient to state

to the effect that a

Act of 1964 investigation

conducted of allegation that viotim (identifying him by name) being

been discriminated against.

Interview may be conducted in the presence of attorney if requested by

interviewee and interference by force or threat of

Witness, or other baruction of justice not invol forget unusual sir-

interference with

cumstances exist wherein you believe it would be to the Bureau's dis-

advantage to conduct interview in presence of attorney, furnish

full details

to the Bureau with your recommendations.

NH 55010 DocId: 32989600 Page 65

15

6-13-74

---

## Page 66

28K - I

SEC

28•

CIVIL RIGHTS ACT OF 196

K. CLASSIFICATION - 173

L. CHARACTER

1- PUBLIC ACCOMMODATIONS - CIVIL RIGHTS ACT 1964

2• PUBLIC FACILITIES • CIVIL RIGHTS ACT,

3. PUBLIC EDUCATION - CIVIL RIGHTS ACT, 1964

EMPLOYMENT - CIVIL RIGHTS ACT

I EIN CASES OF INTERFERENCE INVOLVING ATTEMPTED OR ACTUAL USE OF FORCE OR

THREAT OF FORCE, ADD INTERFERENCE WITH FEDERALLY PROTECIED ACTIVITTES. THE

HN 55010 DocId:32989600

Page 66

10-15-74

---

## Page 67

= [=

SECTIONI 29.1 CONGPIRACY

204 - 8

STATUTE

¡itle so, USC, & 311 (lormerly S 88, Iitle 18, USC, effective 9-1-48.

Violations

occurring prior to 9-1-48

should be considered under the pro-

visions of the former code section.

§371. Conspiracy to commi: offense os to defraud United States

"It ins or more persons conspire either to commit any offense against

the United Stares, or to decraud ino United states, or any agency there-

o1 in any manner

or for any purpose, and one or more of such persons do any

o1 the conspiracy,

each shall be fined not more

than 110,000 or imprisoned not more thân five vears, or both.

"If , however, the offense,

the commission of which is the object of the

conspicacy,

¿ misdemeanor only,

punishment for such conspiracy

shall not exceed the maximum punishuent provided for such misdemeazor."

FLEMBITS

Ino or more persons agree together to:

Commit any offense

against the U.

S.; or

Defraud the U,S. in any manner or for any purpose

2.

One or more of the conspirators commits an overt act to effect the

object of the conspiracy.

C. RELATED

STATUTES

In additlon to Intle 18. USC, & 371, numerous statutes carry special

conspiracy sections.

investigation of a conspiracy to violate a

particular Federal statute, determine whether the statute contains its

one conspiracy section.

Where violavions of federal criminal

statutes are committed jointly or

by more than one person, the related

statutes hereinafter set forth should

be considered.

As a general rule

evidence sufficient to prove a violation

under Title 18, USC, § 371, or a violation of any substantive stause,

may be sufficient to prove

a violation of any one of the following related

statutes in cases where more than one person is involved.

title 18, USC, & 372 (formerly & 54, Iitle 18, USC) (Conspiracy to impede

18, USCA

2 (Principals)

Title 18

the facti

(formerly $ 551, Iitle 18, USC) (ACCessory

4 Title 18, USC, ¿4 (formerly & 251, Iitle 18, USC) (Misprision of

felony)

Do

SILTUID OF LIMIFATIONS

since the crime of conspiracy is not complete until an overt act has been

completed in the furtherance of

agreement between two

persons, the statute of limitations doas not begin to operate until az

overt act by one of the conspirators has been comnitted.

Likerise, if a

series of overt acts is committed in the furtherance of

the original agree-

the stacute of limitations begins to operate anew upon the commission

of each act, and the proper nanner

to determine when the statute of limitatio's

operates on a conspiracy violation is to determine the date of the last overt

conspiracy is a continuing offense.

If an agreement between to or

more persons to violate a lan of

the U. S. were made in 1910 and successive

acts in the furtherance of that

agreement took place each year until

1955, the statute of limitations would not operate until 1900: Of course,

the question of whether the original agreement continues through a lengthy

period is a question o1 lact lor

the jury.

225 U.S.

U.S. v. Brace,

149 T. 874; Ryan v. U. S.,

216 F, 13; Ware v. U. S.. 154 F. 577;

U.S. v. Barbar, 157 F. 889; U.S. V. Bradford, 148 F. 413.

Abu INIORMATION CONTAINEU

HEREIN IS UNCLASSIFIED

DATE DOUBY SPE ALM

KH 55010 DooId:32989600 Page 67

9-18-64

---

## Page 68

1290 - 6

ECTION (29. ] CONSPIRACY

E.

COURT DECISIONS

Prool cf meeting of minds by intelligent and deliberate agreement to conmit

offense establishes

"conspiracy," though

agreement is not manifested by

formal words.

Hoifman v. U. S., 68 I. 2d 101.

Under

this

section it is sufficient that it

be the conspirators: purpose to

commit a willful fraud on the law,

statutory requirement pertirent

to be observed, in view of the present controlling conditions; and it is

not necessary

that there should be a conspiracy to do an act that is an

offense or crime by some statute of the general Goveramezi,

or to deprive

the U.S. of its property or some property right.

0. S. 7. Raley, 173 F. 159.

This statute is broad enough in its terms to include any conspiracy for the

purpose of impairing, obstructing:

or defeating the lariul function of any

department of the Government.

Haas v. Henkel, 216 U. S. 462.

One defendant alone cannot be convicted of conspiracy. Bartkus t. U.S.,

21 F. (2d) 425. Decamp v. U. S.; 10 F. (2d) 984.

Anyone who,

after a conspiracy is formed and who knows of its

existence,

joins

therein, becomes as much a party thereto, from that time, as if he

had originally conspired. U. S. v. Cassidy, 67 F. 698.

not of one conspirator in furtherance of the conspiracy binds each and all

the parties

to the conspiracy

t. S. 7. Richards, 149 P. 443. Jannon and Mulkey r. U. S., 156 U. 5. 464.

Overt act required to constitute conspiracy must be separate and apart

from

the conspiracy, and done to

combination.

carry into effect the object of the original

U. S. v. Richards, 149

F, 443. U. S. v. Cole, 153 F. 801.

Purpose of overt act is to show that the conspiracy was actually carried

into operation.

U. S. v. Greene, 115 I. 343.

Provision that there must be an overt act merely afforas a "locus penitentia"

so that before the act is done either one or all may abandon their design.

U.S. v. Britton,

108 U. S. 199.

Altlough a conspiracy to violate any Federal statute is a violation of

'atle 18, USC, & 371, jurisdiction is assumed only over conspiracy to

violate substantive statutes within the primary investigative jurisdiction

of the FBI.

Complaints received alleging conspiracies to violate statutes

not within

the FBI's primary

investigative jurisdiction saould be promptly

furnished the appropriate investigative agencies.

Go INVESTIGATIVE PROCEDURE

A set plan for investigations of conspiracies cannot ie accurately

While the same elements

are necessary in each conspiracy case,

the object of the conspiracy

may be a violation of any one of the

statutes or simply to defraud the U. S.

In this way each case presents

different problems.

Also, there is

a wide latitude in the kind

of proos,

since circumstantial evidence of a general character indicating both the

agreements and the overt acts is admissible.

The following suggestions

of essential information

2.

each of the elements,

In connection with establishing the agreement, ascertain the identities

of all persons concerned with the possible agreenent.

This should include

complete data as to names, aliases,

addresses, descriptions, the extent

of the previous associations of subjects in prior criminal

operations

sinilar to those under investigation, and

the degree of business, social,

or criminal intimacy in general.

3.

Evidence of all acts, meetings,

and transactions betreen the subjects

of a material nature

with relation to the suspected agreement should

be obtained and inquiries should be extended as far as

necessary beyond

(

9-18-64

5019

-Rage 68

---

## Page 69

SECTIONI 29.] CONSPIRACY

293 - 5

the time the agreement is believed to have been consummated.

Procure all evidence possible from

conclusion that the subjeots mutually agreed, preened aoquiescad ins

or intended to carry out the object of their

Be on the alert for direct evidence of the agreement,

documents,

formal contracts,

memoranda, or other papers.

Ascertain what

verbal statements, admissions, or confessions each

jects may have made from which

the agreements or conspiracy may be

indicated.

Obtain evidence of the acts or transactions,

statements,

or communications of subjects that would indicate the existence of

mutual plan and purpose.

Bear in mind that while

it is not necessary to prove the existence of

a formal agreement in the nature of a contract it still is necessary

to prove that two or more persons had a meeting of the minds in the per-

fection of a plan haring as its object the violation of any law of the

U.S. or committing any fraud

against the U.S. in order to fulfill the

requirements of element i;

that is,

the existence of an agreement.

It will be helpful in the investigation of this type of case if

Agent considers the completed crime of conspiracy to consist of, first,

the agreement,

and then the commission of one or more actual overt acts

in the furtherance of the original plan.

With regard to proving overt

acts, the Agent should obtain evidence

as to each act or transaction

engaged in by one or more of the subjects for the purpose of carrying

out the original agreement.

This necessitates not only establishing

the dates and places but also circumstantial evidence that the act in

question furthers the conspiracy.

Any physical act on

the conspirators consti-

tutes an overt act in the fulfillment of element $2.

If two individuals

conspired to rob a national bank and one of then purchased an automobile

getaway car,

the purchase of the automobile would be an overt act

added to a previously proved agreement to rob the bank, would

complete the crime of conspiracy.

Bear in mind that where evidence of the agreement is vague intensive

investigation of all overt acts frequently leads to evidence proving

the agreement.

Therefore,

in the case of the automobile, it it was

the subjects-mentioned to the automobile salesman that he

and a friend planned to use the automobile as a getaway car,

evidence would tend to prove both the overt act of purchasing the auto

mobile and the agreement.

I.

lies in any district in which

such offense was begun, continued, or

completed. (Iitle 18, USC, & 3237.)

CLASSIFICATION

The classification is the same as the substantive violation which was the

object of

the conspiracy.

J.

CHARACTER

The character is the same as the substantive violation with conspiracy

added; ego,

BANK ROBBERY - CONSPIRACY.

:

D357130989600 Pate 69

3

9-18-64

---

## Page 70

SECTION 75. NEUTRALITY MATTERS

75A

A.

[

[

-

STATUTES

Title. 18, USC, 88(956 and1958-962; Titlo 22, USC, 88 1934 and 401

18956 1f two or more persons within

Conspiracy to injure property of foreign government

the jurisdiction of

conspire to injure or destroy specific property situated within a foreign

country and belonging to a foreign government or to any political

subdivision

thereof with which the United States is at peace, or any railroad,

bridge, or other public utility so situated, and

if one or more such persons

commits an act within the jurisdiction of the United States to effect the

object of the conspiracy, each of the parties to the conspiracy shall be

fined not more than $5,000 or imprisoned not more than three years, or both.

Any indictment or information under this section shall describe

spectic property which it was the object of the conspiracy to injure or

destroy. "]

$ 958.

Commission to serve against friendly

"Any citizen of the United States who, within the jurisdiction thereof, acoepts

and exercises a commission to serve a

foreign prince, state,

colony, district,

or people, in war, against any prince, state,

district, or people, with

whom the United States is at peace,

imprisoned not more than three years, or both ined

not more than $2,000 or

§ 959.

Enlistment in foreign serrice

ALE INFORMATION CONTALK EMDRIG

AtmlaTE

HEREIN IS UNCLASSIFIED

DATS 12/33/00 BY SR2

Whoerer, rithin the United States,

enlists or enters himself,

or hires or

retains another to enlist or enter himself, or to go beyond the jurisdiction of

the United States with intent to be enlisted or entered in the service of any

foreiga prince, state, colony, distriot, or people as a soldier or as: a marine

or seaman on board any vessel

of nar, letter of marque,

or privateer, shall be

fined not more than $1,000 or imprisoned not more than

three years,

or both.

"(b) This séction shall not apply to citizens or subjects of any country engaged

In war with a country nith which the United States is at nar, unless such citizen

or subjeot of such foreign country shall hire or solicit a citizen of the United

States to enlist or go beyond the jurisdiction of the United States with intent

to enlist or enter the service of a foreign country.

Enlistments under this

subbeotion shall be under regulations prescribed by

the Secretary of the Army.

*(o This seotion and sections 960 and 961 of this title shall not apply to any

subjeot or citizen of any foreign prinoe, state, colony, district, or people who

is transiently mithin the United States and enlists or enters himself on board

any vessel of nar, letter of marque, or privateer, which at the time of 1ts

arrival within the United States was fitted and equipped as such,

or hires or

retains another subject or oitizen of the same foreign prince,

state, colony,

distriot, or people who is transiently within

Ithe United States to enlist or

enter himsell to serre such ioreign prince, state, colony, district, or people

on board such vessel of rai, letter of marque, or

privateer,

United States

shall then be at peace rith

suoh foreiga prince, state, colony, district, or

Expedition against friendly nation

knowingly begins or sets on foot or provides

military

or natal expedition or enterprise to be carried on from thence against

the territory or dominion of any foreign prince or state, or of any colony,

distriot, or people with mom the United States is at peace,

shall be fined not

more than $3,000 or imprisoned not more than three years, or both.*

Strengthening armed vessel of foreign nation

of any; ship

the United States, mas a ship of nar, or cruiser, or armed vessel, in the serrice

of any foreign prinoe or state, or of any colony,

district, or people, or belonging

to the subjects or citizens of any sach prizoe or state, colony, distriot, or

people, the same being at war with

or people,

any foreign prince or state, or of any colony,

with whom the United States is at peace, by adding to the

11atrioo the guns of suon vessel, or by hanging those on board of her for guns

of a larger caliber, or by adding thereto any equipment solely applicable to mar,

shall be fined not more than $1,000 or imprisoned not more than one year, or both."

]

8-14-67

55010 DooId:32989600 Page 70

---

## Page 71

17545-5 B

SECTION 75. NEUTRALITY MATTERS

Arming vessel

against friendly nation

"Whoever, within the United States, furnishes,

fits out, arms, or attemots to

fit out or arm,

any ressel, with intent that such vessel shall be

in the serrice

any foreign prince,

or state, or of any colony,

äistrict, or people,

cruise, or commit hostilities against the subjects,

citizens, or property of any foreign prince or state, or of any colony, district,

or people with thom the United States is at peace; or

"Whoever issues or delivers a commission within the United States for any tessel,

to the intent that she may be so employed-

fined not more than $10,000 or imprisoned not more than three years,

or both...."

Title 22, USC, $ 1934. Munitions control

This act, commonly known as Munitions Control Act, and regulations issued there-

under provide all persons engaged in manufacture..

arms,

ammunition, or implements of war must register with Department of State

and

secure a license

from State Department to import or export these items.

Maximum penalty, $25,000 or two years, or both.

Title 22, USC, & 401.

Seizure powers

" (a)

Whenever

an attempt is

made to

export or ship from or take out of the

United States any arms or munitions of war or other articles in riolation of

or whenever it is known or there shall be probable cause to believe

that any arms or munitions of war or other artioles are intended to be or

are being or have been exported or removed from the United States in violation

of law,

the secretary of the treasury, or any person duly authorized for the

purpose by the President, may

seize and detain such arms or munitions of nar

or other articles and may seize and detain any vessel,

containing the same or which has been

attempting to export such arms or munitions of war or other articles.

or, munitions of war and other articles, vessels, vehicles, and aircraft

seized pursuant to this subsection shall be

Ixecutive Order 10863 conferred this authority upon

the Attorney General,

and Department of Justice Order 200-60 redelegated this authority to the

Department of Justice Order 271-62, section 0.89,

printed in the Federal Register 6-1-62, restated this redelegation of

authority to the Director.

By agreement with the Treasury Department,

this authority is to be exercised by the FBI only in neutrality cases.

B. VIOLATIONS

1. [§ 956

Persons within the jurisdiction of the U. S. conspire to damage property

in a foreign country

owned by a foreign government with which the

U.S. is at peace and one or more of the conspirators commits an act

within the jurisdiction of the U.S. to carry out the conspiracy.]

[2.1

§958

Citizen of U.S. within its jurisdiction accepts and exercises a

commission to

serve against any country with which U,S. at peace.

[ 13.] & 959

Anyone within U.S. enlists to serve in foreign service, or

Anyone within U.

S, hires or retains another

to enlist

or enter himself

in foreign service, or

0. Anyone within U.S. hires another to go beyond jurisdiction of U.

with intent to be enlisted in foreiga service.

Not necessary that

exist anywhere to constitute violation this section.

a. Anyone within U.S. knowingly begins of sets on foot any military or

natal expedition

or enterprise to be carried on from the U. S. against

a country with

b.

whioh U. S. is at peace.

Anyone within U.s. knoringly provides

or prepares a means for or

furnishes money

for or takes part in any military or naval expedition

or enterprise to be carried on from the U.S. against a country with

which U.S. is at peace.

8. Anyone nithin U.S. Inoreases

or augments force of any ship of mar,

which at time of arrival in U.S. mas ship of mar belonging to country

at war with oountry at peace mith u. s.

HH 55010 DooId:32989600 Page 71

8-14-67

---

## Page 72

i or this

SECTION 75. NEUTRALITY MATTERS

75B - 0

6.

7.

[

§ 962

Anyone within U.s.,

Lits out or arms,

with which U.s. at peace.

b.

Anyone within

U.

S, issues

or delivers commission for any vessel with

the Intent to be so employed.

Title 22, USO, $ 1934

Requires all persons engaged in manufacture, importation, or exportation

of arms, ammunition,

or inplements

of war to register with Department

of State and secure license from State Department for exportation or

importation these items.

bo

under investigative jurisdiction oflU. S.

Customs Service.] Under normal circumstances alleged violazions should

e referred directly by field office receiving complaint to local

office oflu. S. Customs Service, Jexcept under circumstances outlined

In C, 2.

Neutrality cases frequently have international implications. Department

of State and other agenoles interested

Bureau must be adrised of all

compet at horought to ta, fe taste teles partie

Interview

concerned, astionality, and other pertinent information.

immediately furnish facts to Bureau and conduct no investigation until

Bureau requests you to do so.

Duplication of investigation

has been experienced in investigation of

violations of statutes under our jurisdiction, Title 18, USC,

88958-962,

inclusive, which often also involve violations of Munitions Control Act

(Title 22,

USC, & 1934)

under jurisdiction of Customs.

As result follow-

ing agreement has been entered

into with Ireasury Department.

Il Customs receives allegation of riolation of Munitions Control Act

(Title 22, USC, $ 1934), 1t will Investigate all matters arising there-

from, even though they

subsequently involve statutes relating to

neutrality within our jurisdiction.

II, howerer, Customs determines in

course of intestigation facts involve conspiracy of major proportions

egainst a foreign government, Customs may request Bureau to assume

investigation.

Field offices must not accept for intestigation these

referrals from local office of Customs, but adrise Customs 1t should

to Bureau through its headquarters in Washington, D. G. Adrise

Bureau immediately of any such requests.

If we receive complaint alleging possible violation of Munitions Control

Act (Title 22, USC, $ 1934), complaint should be referred by office

receiving it to local office oflU. S. Customs Servicelfor appropriate

action and conduct no investigation.

If we receive allegation of violation of neutrality laws under oui

sate all phases including violation unctise, we cal aesti-

Munitions Control Act under

Customs jurisdiction which may arise therefrom.

i. It Customs receives allegation of

our jurisdiction Title I8, USC, 8$ 958-962, Inclusive, at wou teter

allegation to us locally for any action warranted and Customs will

conduct no investigation.

In all above instances

reports will be exchanged by the Bureau and the

LU. S. Customs Serviceto keep them fully advised. Appropriate liaison

must be established in field.

3

2-13-74

HH 55010 Do0Id:32989600 Page 72

---

## Page 73

750, -0

SECTION 75. NEUTRALITY MATTERS

I3. Seizure powers

* Department has

adrised that the dominant purpose

of seizure powers under

section 401 is to accomplish forfeiture of arms

and munitions of war

which have been the subject of attemoted exportation in violation of

1271.

Bureau may make seizures under section 401 only in those instances

during investigations oi violations of neutralitystatutes in which

it develops that arms will be illegally exported,

The seizures must

be made to prevent the illegal exportation,

and arrests are not to be

It is mandatory, of

that probable cause exists to

believe that the material is about to be illegally

exported.

arrests are to be made, seizures must be made incidental to lawful

arrest or on basis of a search warrant and not uader section 401.

b.

to making any seizure under section 401, Bureau authority must

be obtained wherever possible, using whatever

means of communication

warranted under the circumstances.

SAC may authorize seizure under

section 401 only in those instances in which time is of essence and

does not permit prior communication with Bureau.

c .

Material seized

under section 401 is to be disposed of under provisions

of Title 19, USC, & 1602.

The material should be delivered to the

local collector of Customs and he should be furnished the information

as required by Title 19,

collector of Customs a

detailed 1600 unt i the

Briefly, FBI is to furnish

seizure including a

statement of all the facts and circumstances of the

Bureau's knowledge, with the names of witnesses, and citation of

the statute

or statutes believed to have been violated, and on which

forfeiture and conviction.]

D. CLASSIFICATION - 2

CHARACTER - NEUTRALITY MATTERS

.......

HH 55010

DocId: 32989600

Page

73

6-25-60

---

## Page 74

метадаʼє

S.

SION 78. PASSPORIS AND VISAS

78A - C

=mol)6

A.

STATUTES

ALL INFORMATION CONTAINED

Title 18, USC, 88 1541-1546

HEREIN IS UNCLASSIBLED

B. GENERAL INFORMATION

DATE 2A2 00 BY SALINE

Definitions

a .

Passport is dooument issued by a

state

to a citizen lor purpose

of identifying him and

attesting his citizenship while in a foreign

country.

b.

Visa is

the permission extended by country to an alien to enter

the country for a stated

purpose and for an indicated time. Some

of the more common types of U. S. visas are:

(1) Immigration visa - authorizes an alien to reside permanently

(2) Official visa - granted accredited officials of foreign govern-

ments when entering U.S. on official government business

Temporary visitors' visa - granted aliens desiring entry into

U.S. temporarily for business or pleasure

Crew list visa - granted alien seamen on cruise on vessels

including airoraft.

Seamen are not required to submit individual

passports or other travel documents or visas when seeking to

enter U.S. in status of alien stamen.

certificate - granted an alien to allow him to pass

2.

through U.S. in order to reach a loreign destination

Issuance of passports

U. so passports granted and issued only to American citizens, either

native born or naturalized, by Passport Office, State Department.

During peacetime in foreign countries they are granted, issued, and

verified by diplomatic representatives of U. S.,

such as consuls.

b. In order to obtain passport, a written application necessary.

Applicant must apply in person and his declarations made under

his American birth by birth certificate or baptismal

certificate or, in case of naturalized citizen, must produce certifi-

cate of naturalization.

c. [Passport valid not more than five years.

Upon expiration of five

an individual must apply for a new passport if he desires

to be in possession of a valid passport.

If passport was issued

before 8-26-68, it was automatically renewed by Public Law 90-428

Lor a period of two years making it valid for five years from

original date of issue.]

3. Issuance of visas

Alien desirous of obtaining visa must first file application,

accompanied by original birth certificate, police and medical

certificate, and other essential lacts to justify American

consul in issuing visa.

Visa Office of State Department merely acts as an auxiliary to

INS as pertains to issuance of visas.

c. Usually a fee is collected and paid into Treasury of U.S. for exe-

cution of each application of an alien for a visa and for each visa

d.

Validity is normally limited to four months but may be up to three

years with exceptions.

C. POLICY

I.

Passports

Conduct no investigation upon receipt of complaint.

b. Forward information to Bureau by letterhead memorandum for trans

mittal to State Department which has primary investigative juris-

diction.

c.

State Department, on occasions, requests Bureau to conduct investiga-

d.

Reguests for check of records of Passport and Visa Offices, State

Department,

or obtaining of photostats of passport application or

visa should be set forth for wro.

Include all available biographical

• data to facilitate locating records.

State Department reference or

file number should be set forth if known.

HH 55010 DocId:32989600 Page 74

---

## Page 75

780 - G

SECTION 78. PASSPORTS AND VISAS

2.

Visas

Conduct no investigation concerning immigration visas.

bo All complaints should be referred by field office to appropriate

INS office, which agency supervises entry and departure of aliens.

D. INVESTIGATIVE PROCEDURE

Issuance of false passports by unauthorized person - & 1541

a o

State Department will advise Bureau at time investigation requested

whether subject authorized to issue passports. If subject unknown

at time facts are referred by State Department

and subsequent

investigation reveals his identity, set out lead for WFO to contact

State Department to determine il subject so authorized.

b.

False passport should be obtained and transmitted to FBI Laboratory

properly marked as evidence for examination to prove if it is a

false passport.

• 2.. False statement in

application = $ 1542

Investigations will necessarily be conducted with the view to

proving falsity of statements appearing in application lor

passport.

Generally, investigation will consist of record checks and interview

of old acquaintances who may have some independent knowledge of

false statement.

In cases involving false statements by naturalized citizen, considera-

tion should be given to information available at INS.

3. Falsely made, Lorged, altered, mutilated, or counterfeit

Consideration should be

given to facilities of FBI Laboratory in this

type examination.

Examination should be requested of all questioned

materials, particularly in regard to erasures and eradications, hand-

writing and typewriter examinations, paper examinations, examination

of seal on passport, etc.

[ 4.

of a passport

of another -[$ 1544]

This type investigation deals primarily with establishing identity

and showing

that subject not identical with individual mentioned

in passport.

b.

Passport should be examined in

an effort to identify and locate

person to whom originally issued.

Photograph of subject appearing

on passport should be exhibited to witnesses and old acquaintances

to establish subject's identity and to prove he is not identical

with person to whom passport originally issued.

E. STATUTE OF LIMITATIONS - 10 years

F. CLASSIFICATION - 40

G. CHARACTER - PASSPORT AND VISA MATTER

1H 55010 DocId:32989600 Page 75

11-13-69

---

## Page 76

SECTION 90. SELECTIVE SERVICE ACT

904 - B

« A.

STATUTES

1.

Criminal provisions

Title 50 APP., USC, $ 462 (8 12, Iitle 1, Public Law 759, 80th Congress)

2. Reemployment provisions

Title 50

App., USC, $ 459 (8 9, Title 1, Public Law 759, 80th Congress)

3.

ublIc Law 512, 8ist Congress.

extended act to 7-9-50;, and Public Law 599,

8Ist Congress,

extended it to 7-9-51.

Public Law 51, 82ad Congress, approved

changed name of act to Universal Military Training and Service Act,

as amended,

and extended inductions under

7-1-55, except persons

deferred under section 6 on or after 6-19-51; may be inducted even after

Despite change in name of act, no change in character of Bureau

and communications.

Public Law 118, 84th Congress, approved 6-30-55,

extended act to 7-1-59 as

to general registrants.

Law 85-62, approved

6-27-57,

amended act as to persons in

the medical, dental, and allied

specialist categories.

Public Law 86-4, 86th Congress, approved 3-23-59,

extended act to

7-1-63 as to registrants. Public Law 88-2, 88th Congress,

approved 3-28-63,

extended act to 7-1-67.

Public Law 90-40, 90th Congress,

extended act to 7-1-71.

Selective Service Act of 1967.

Public Law 92-129,

92nd Congress,

extended aet to 7-1-73.

This act may be cited as the

"Military

Selectiva Service Act." No change in character of Bureau reports

and communications.

B. REGISTRATION

1. [Male citizens who have attained their eighteenth anniversary of the day

of their birth and have not attained the twenty-sixth anniversary of the

day of their birth are required to register within a sixty day period

commencing thirty days before the eighteenth anniversary of the day of

their birth.1

2.

A person unable to register because

of circumstances beyond his

control must register as soon as possible after cause of inability

3.

Generally aliens admitted as permanent residents required to register

within six months alter entering the U. S.

Certain diplomatic

officials and certain aliens temporarily admitted to the U.S. for

specific purposas not required to register.

In addition, any alien

lawfully admitted to the U. S.

as sonimmigrant not required to

register for so long as he continues to maintain a lawlul non-

immigrant status in the U.S.

4.

Men on active duty in armed forces need not register.

Must register with-

in thirty days after separation from service, if not registered

have been required to register except for

duty status.

5. • Registration and classification of citizens abroad

Presidential Proclamation 2972, 4-17-52 (Federal Register, volume 17,

number 78,

4-19-52, page 3473), and part 1655, Selective Service Regula-

tions, provide for registration during July,

1952, by U. S. consular and

diplomatic officers, chief registrars appointed by the director of selective

satieas aad registrars appointed as provided in part 1655 of american

outside the U.S, except that those born after 7-31-34

em DRIG

ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIED

DATE 17/27/001 SP SP2

1

413-72

HH 55010 DocId:32989600 Page 76

---

## Page 77

ISON - C

¿CTION 90. SELECTIVE SERVICE

[

register on l8th birthday of

within live days.

Jurisdiction over each

registrant vested in local board covering registrant's address in U.S.,

as furnished on registration.

District of Columbia Local Board #100

foreign) is established to process registrants who furnish no local

address upon registration.

As in case of persons registering within U.S.:

registration card will be mailed to registrant.

Part 1655 also makes

provision for classification

of those registering abroad.

6.

Public Law 90-40,

approved 6-30-67, authorizes the President, until 7-1-71,

to issue special draft calls for doctors, dentists, and other allied spe-

7.

cialists who are otherwise liable for induction under the regular draft.

Section 1621.2, Selective Service Regulations, made by Selective Service

System pursuant to Title I of the act, provides every registrant shall be

given selective service number, which shall identify him.

This will be

composite number made up of four elements.

First numer

ceyre sents

state in which registrant is registered.

Second number,

local board

within

the state.

Third, last

two digits of year registrant was born.

Last,

is number assigned

to that registrant by local board.

PENALTIES OF ACT (SECTION 12, TITLE I) (Title 50 Appo, USC, & 462)

"(a) Any member of the Selective Service System or any other person charged

as herein provided with the duty of carrying out any of the provisions of this

title Isections 451, 453, 454g 455, 456

and 458-471 of this Appendix],

or the rules or regulations made or directions given thereunder, who shall

knowingly lail or neglect to perform such duty, and any person charged

with such duty, or having and exercising any authority under said title

¡said sectionsl, rules, regulations,

or directions who shall knowingly

make, or be a party to

the making,

of any false, improper, or incorrect

registration, classification,

physical or mental examination, deferment,

induction, enrollment, or muster, and any person who

shall knowingly

make, or be a party to the making of, any false statement or certificate regard-

or bearing upon a classification

or in support of any request for a partic-

ular classification, for service under the provisions of this title lsaid

sections],

or rules, regulations, or directions made pursuant thereto, or

who otherwise evades or refuses registration or service in the armed forces

or any of the requirements of this title [said sections,

or who knowingly

counsels, aids, or abets another to refuse or evade registration or service

in the armed forces or any of the reguirements of this title lsaid sections,

or of said rules, regulations, or directions, or who in any manner shall

knowingly fail or neglect or

refuse to perform any duty required

under or in the execution of this title lsaid

sections,

or rules, regulations,

or directions made pursuant to this title lsaid sections, or any person or

persons who shall knowingly hinder or interfere or attempt to do so in any way, by

force or violence or otherwise, with the administration

of this title [said

sections or the rules or regulations made pursuant thereto, or who conspires

to commit any one or more of

such offenses, shall, upon conviction in any

district court of the United States of competent jurisdiction, be punished

by imprisonment for not more than five years or a fine of not

$10,000,

or by both such fine and imprisonment, or if subject to military or

naval law may be tried by court martial, and, on conviction, shall suffer such

punishment as a court martial may direct.

No person shall be tried by court

martial in any

arising under this title [said sections] unless

such per-

bean actually induated. fos. the training and service prescribed under

this title [said

sections] or unless he is subject to trial by court martial

under laws in force prior to the enactment of this title (June 24, 19481.

Precedence shall be

given by courts to the trial of cases arising

under this

title, and such cases shall be advanced on the docket for immediate hearing,

and an appeal from the decision or decree of any United States district court

or United States court of appeals shall take precedence over all other

pending before the court to which the case has been referred.

"(b) Any person (1) who knowingly transfers or delivers to another, för the

purpose of aiding or abetting the making of any false identification or

representation,

any registration certificate, alien's certificate of nonresi-

dence, or any other certificate issued pursuant to or prescribed by the

55010 DooId:32989600 Page 77

---

## Page 78

SECTION

90. SELECTIVE SERVICE ACT

900 - D

provisions of this title

sections 451s 453, 454, 455,

456

and 458-471 of this

Appendix, or rules

or regulations promulgated hereunder; or (2) who, with intent

that it be used for any purpose of false identification or representation, has:

in his possession any such certificate not duly issued to him; or (3) who forges,

alters,

knowingly destroys,

knowingly mutilates,

or in any manner changes any

such

certificate

or any notation duly and validly inscribed thereon; or (4)

who, with intent that it be used for any purpose of false identification or

representation, photographs, prints, or in any manner makes or executes any

engraving,

photograph,

print, or impression in the likeness of any such

certificate, or any colorable imitation

thereof; or (5) who has in his

possession

any certificate purporting to be a certificate issued pursuant to this title

said sections, or rules and regulations promulgated hereunder, which he knows

to be lalsely made, reproduced, lorged, counterfeited,

or altered; or (6) who

knowingly violates orgevades any of the provisions of

this title.nid sections

or rules and regulations promulgated pursuant thereto relating to the issuance,

• transfer, or possession of such certificate, shall, upon conviction, be fined.

to exceed $10,000 or be imprisoned for not more than five years, or both.

When-

ever on trial for a violation of this subsection the defendant is shown to

have or to have had possession of any certificate not duly issued to him, such

possession shall be deemed sufficient evidence to establish an intent to

use

such certificate for purposes of false identification or representation,

unless the defendant explains such possession to the satisfaction of the jury."

"(c) The Department of Justice shall proceed as expeditiously as possible with

a prosecution under this section,

or with an appeal, upon the request of the

Director of Selective Service System or shall advise the House

of Representatives:

and

the Senate in writing the reasons for its failure to do so."

"(a) No person shall be prosecuted, tried or punished for evading,

neglecting,

or refusing to perform

the duty of registering imposed by

Section 3 of this title unless the indictment is found within five years

next after the last day before such person attains the age of twenty-six,

or within five years next after the last day before such person does

perform his duty to register, whichever shall first occur."

D.

SELECTIVE SERVICE CLASSIFICATIONS

1.

Class I

a.

Class I-A: •

b.. Class I-A-O:

C. Class I-C:

do Class I-D:

e. [Class I-H:

f.. Class I-0:

g. Class I-W:

Available for military service

Conscientious objector available for noncombatant

military service only

Member of the Armed Forces of the United States, the

[National Oceanic and Atmospheric Administration,

or Public Health Service

military training

· not a bot to processing for induction

Conscientious objectoI available for alternate

service

Conscientious objector

in lieu of induction Performing alternate service.

2. Class II

a. Class II-A:

d. Class II-S:

3. Class III

a. Class III-A:

Registrant deferred because of civilian occupation

[(except agriculture) or nondegree studyi

Registrant deferred because of agriculture occupation

Registrant deferred because of study preparing for

the ministry

Registrant deferred because of activity in studyl

Registrant with a child or children; and registrant

deferred by reason of extreme hardship to dependents

IN 55010 DocId:32989600 Page 78

3.

4-13-72

---

## Page 79

ACTION 90. SELECTIVE SERVICE

[

E.

4.

Class IV

a.. Class IV-A:

b. Class IV-B:

c. Class IV-C:

d. Class IV-D:

Class IV-F:

€: [CLass IV-G:

g. Class IV-W:

Registrant who has completed service

Officials deferred by law

Aliens

Minister of religion

Registrant not qualified for military service

Registrant exempted from service during peace

Conscientious objector who has completed alternate

service in lieu of induction!

5. [Deleted]

OFFENSES

I.

By persons required to be registered

2.

Failure to be registered

(1)

Elements

(a)

Duty to present

self for and submit to registration

(8 3, Title I, of

and f8

1611.1 through 1611.7,

So S. Regulations)

(b) Wilful evasion or refusal of registration

(8 12(a), Fitle I, of act)

2.

(2)

Venue lies in

district

in which subject is located

By registrants

2..

Failure to complete and return questionnaire

• (I)

Elements

(a)

Registration

(8)

Proper mailing of questionnaire by local board

Wilful failure to complete and return questionnaire

within required time

Venue in district in which local board located

bo

Making false siatements or certificates

d.

e.

Registration

Knowingly making false statement or certificate

regarding or bearing upon a classification or in

support of any request for particular classification

The following amendment has been made to section 1617-3 of the

Selective Service Regulations under Executive Order 10B09:

"Effect of failure to have unaltered registration certificate in

personal possession.

Every person required

to present hinself for

and submit to registration must, after he has registered, have in

his personal possession at all

times his Registration Certificate

(SSS Form No. 2)

prepared by his local board which has not been

altered and on which

duly and validly inscribed thereon

has been changed in any manner after its preparation by the local

Failure to have registration certificate in personal

possession at all times.

This is prima facie evidence of failure

to register (8 1617.1,

S. S. Regulations).

No provision requires

registrant to exhibit

Venue lies in district in which person

was found to be without certificate.

Failure to have current notification

of classification in personal

possession ($ 1623.5, S. S. Regulations)

There is no provision requiring registrant to exhibit notice of

classification to designated officials.

Failure to keep local board informed as

to current address

Failure to keep local board informed as to changes in status

Failure to report for examination or induction

Flements

Proper mailing by board of notice to report.

Wilful failure to report at required time ana

NH 55010 DocId: 32989600 Page 79°

4

---

## Page 80

SECTION 90. SELECTIVE SERVICE ACT

90E - G

3.

B. KnoWingLy 1a11

Ing, neglecting, or refusing to

Parlorm any duty

required of registrant under

i.

act or regulations

Evading or refusing service in armed forces or any of the requirements

of Title I

By members of Selective Service System or any other person charged by

• Title I with duty of carrying out any of provisions act or regulations

a..

Failure or neglect to perform duty

(1)

Elements

b.

b

Duty of carrying out any provisions of act or regulations

Knowingly failing or neglecting to perform such duty

(2)

Venue in district in which duty is to be performed

Making false registration, classification, etc.

Elements

mortal, are ey

Knowingly making, or being a party to the making of, any false,

improper, or incorrect registration, classification, physical

or mental examination, deferment, induction, enrollment, or

muster

4. By any person

2..

Knowingly making,

or being party to making of, any false statement

or certificate regarding or bearing upon a classification or in

support of any request for particular classification

b. Knowingly counseling, aiding,

or abetting another to refuse or

•evade registration or service in armed forces or any of the require-.

ments of act or regulati ons

c .

Knowingly hindering or interfering or attempting to do so, in any

way, by force

or violence or otherwise, with administration of

Title I of act or regulations

d.

e .

Conspiracy to violate act

Issuance, transfer, or possession of falsely made, reproduced,

counterfeited, or altered certificates

knowingly transferring or delivering to another, for purpose of

aiding or abetting the making of any false identification or

representation, any registration

certificate, alien's certificats

of nonresidence, or any other certificate issued pursuant to or

prescribed by act or regulations

Possessing any such certificate

not duly issued to subject

intent it be used for any purpose of false identification or

(3)

representation

Forging, altering, knowingly destroying or mutilating any draft

registration card;

or in any manner changing any such certificate

or any notation duly and validly inscribed thereon

(4)

With intent that it be used for any purpose of false

identification or representation, photographing, printing,

ar in

any manner making or executing engraving, photograph,

colorable imitation hereokeness of any such cextificate or any

(5)

Possessing any certificate purporting to be issued pursuant

to act or regulations, knowing same to be falsely made, reproduced,

forged, counterfeited, or altered.

Proof defendant has or has had

possession of any certificate not duly issued to him is sufficient

evidence to establish intent to use such certificate for purposes

of false identification or representation,

unless defendant

explains such possession to satisfaction of jury.

F. DELETED

G. DELINQUENTS

1. Registrants who become delinquent are reported to the USA, who refers cases

io Bureau field office.

2.

Submit closing report to Bureau except no-cari

when process not

issued and information is trivial or

negative,

or when form FD-411 is used.

5-9

11-15-71

IH 55010 DocId:32989600 Page 80

---

## Page 81

90G.

TION 9O. SELECTIVE SERVICE ACT

I

[

3.

4.

Closing report must be submitted in cases involving allens,Il5 copies

of report) when Public

Law 414 declared applicable by U. s

Attorney; ]

employees of Selective Service; bombings of or interference with

Selective Service System; counseling, aiding, and abettings burning

or mutilating draft cards; veterans'

reemployment; prominez people;

or cases investigated under Selective Service Act - Sadition; or

those which originate in the Department of Justice.

Investigative steps and procedures

Preliminary steps

Carefully review subject's selective service file for information which

will serve as basis for leads.

Unnecessary effort and expense can be

eliminated by thorough and analytical review of selectzze service

file preliminary to investigation, and no investigatian should be con-

ducted prior to such review in absence of good reason to contrary.

Large proportion of cases have been closed in past beccase subject

to be IV-F,

or incarcerated or confined in penaI or mental

institution, or

serving in armed forces, or exempt because of prior

service, or coverage, or because registration fictitious. In many

instances, selective

service files will contain information indicating

suggesting case will fall into one or another of these categories,

thus giving direction

to investigation and enabling investigator

to select procedure most likely

to prove successiul in each

without preliminary wasted motion.

In addition, revier will disclose

any obvious defects

of procedure by local board

indicating premature

referral of case

or denial of procedural rights of registrant.

In such cases, USA may desire to return case

to board, mithout

investigation, for further processing.

Placing wanted notices

To eliminate needless searches by Identification Division,

wanted notices should ordinarily not be placed until alter

preliminary investigation completed.

By this procedure,

a local

FBI, or alien registration number may be obtained which

will afford positive means of identification. When wanted-flash-

cancellation notice (FD-165) submitted to Identifacation Division

in Selective Service cases where subject being sought for interview

and process not issued, designate one copy for not. Whea subject

no longer being sought

for interview, submit FD-IGS to Identification

Division and designate one copy for NcIC.

It procass obtained prior

to location of subject for interview, make entry in NCIC Irom field

office terminal and no additional notification to INCIC is necessary.

No change in instructions concerning NCIC entries in the Wanted

Persons File concerning Selective Service subjects lor whom process.

notices and fugitive form letters submitted to Bureau in

these cases must contain, in addition to usual descriptive data,

selective service number of subject.

Wanted notices must be

promptly canceled when purpose has been serted.

Police depart

should be requested to place number and address of all

subjects' local boards on fingerprint cards submitted by them

in space provided for "Arrest or Receipt.*

Wanted notices should not,

as general practice, he placed with

law enforcement agencies.

No objection to requesting local law

enforcement agency to be

on alert for particular subject,

but care

to advise law enforcement agency when subject is

no longer wanted.

Subjects believed to be unacceptable for military service

eliminate needless investigation, Agents must be alert to any information

indicating subjects may be

unacceptable for induction.

Gast judgment and

common sense must be exercised

to insure that investigative time and effort

are not wasted on these cases.

Physically or mentally unfit

When information of this type which would affect registrant's

classification is received in case in which evidence of milful

violation not developed, discuss facts with USA. If USA has no

55010 DooId:32989600 Page 81

10

1]-15-71

---

## Page 82

5.

S

TION 90. SELECTIVE SERVICE ACT

90G

objection,

for its assistance in reclassifying

furnish information developeleot Tool board in writinet

If USA has any objection,

or if local board

to classify registrant IVE on basis of

available information, continue investigation to logical conclusion.

(2)

Morally unfit

Information developed showing a registrant is not morally fit

for induction

under established standards (Army Regulations 601-270)

should also be discussed with USA, and, if he has no objection,

local board should be contacted to determine whether subject should

be placed in class IV-F.

If he is so classified and prosecution

form FD-411 should be prepared.

Under Army

Regulations 601-270, past criminal record may be waived by armed

forces and subject accepted for service.

Pending criminal charges

against subject cannot be waived.

Parole, probation, conditional

release,

suspended

sentence cannot be waived, unless offense involved

felony.

Before discussing with USA, carefully read Army

Regulations Number 601-270,

Personnel Procurement Armed Forces

Examining Stations

and Armed Forces Induction Stations.

b. Nonregistrants

Persons who enter the armed forces prior to their eighteenth birthday

must register within thirty days after separation from service.

B, 4, above.)

The Department has advised the USAs are not justified

in requesting investigation in these cases where facts clearly indicate •

the subject is not acceptable to the military.

When information is'

developed during the course of investigation indicating subject would

be unacceptable to the armed forces for physical, mental, or moral

the investigation

should be discontinued and these facts called

to the attention of the USA.

If he should

indicate he desires the

investigation be pursued, the facts, including the USA's opinion,

should

submitted to the Bureau by letterhead memorandum for presentation

to the Department prior to conducting any further investigation.

Subjects over 26 years of age

a.

Section 4(a), Title I, provides no person, without his consent,

shall

be inducted for training and service under this title, except as

otherwise provided therein,

after he has attained

twenty-sixth anni-

versary of the day of his birth.

Section 6(h), Title I, provides

'registrants deferred on or after 6-19-51 "under the provisions of

this section" shall remain liable for training and service until

35th anniversary

of

date of birth.

Local Board Memorandum *38 inter-

prets section 6(h), Title I,

as extending liability for

all deferments

under section 6, as amended

2-19-62.

Under 3 and 4 the memorandum

lists, respectively, deferments which extend liability and

fications which do not constitute deferments under section 6 of..

Title I, and, therefore, do not extend liability.

b.

Cases involving delinquents who violated Selective

Service Act

before attaining 26th anniversary of their birth

should not be

closed

even though received

unless:

subsequent to subject's 26th birthday.,

(1)

The investigation discioses that violation was not wilful,. or

that

subject is not physically, mentally, or morally fit for

(2)

induction.

The USA declines prosecution and authorizes closing of case.

All çases

which appear

to have been closed improperly should

be called to the Bureau's attention for referral

c. Unless section 6(h), Title I,

the Department.

is applicable, alleged violations

committed after subject's 26th birthday anniversary should be discussed

with USA to determine whether case should be closed or investigation

conducted.

If the reported delinquent was on 6-19-51, or at any

time thereafter, deferred in any classification extending liability

for service to age 35

(Local Board Memorandum *38), investigation

should be initiated without consulting USA.

HN 55010 DocId:32989600 Page 82

11

11-15-71

---

## Page 83

• 90G.*

SE

ION 90. SELECTIVE SERVICE ACT

6.

Service in armed forces

2..

Veterans having service prescribed by act are exempt from induction.

If subject's selective

service file indicates prior military

and no record appears that board has endeavored to verify service,

board and USA should be advised in writing that case is being

returned to board for lurther processing and that no investigation

will be conducted in the absence of a lurther request.

Il, on other

hand, Bureau investigation develops information indicating possible

prior service, such information should be verified by office of

origin by communication with appropriate field office on form FD-188.

should be advised

service is verified and is such as

subject from induction.

b.

Current service

Many cases are received in which investigation establishes reportea

delinguents are currently serving in armed forces.

instances

usually occur through failures in utilization of Defense Department

form #53, by which

Selective Service System should be informed of

entry of registrants into armed forces otherwise than

by induction.

Part VII, Local Board Memorandum #46, provides that, whenever a local

board or

state headquarters is advised that a registrant has been

enlisted or commissioned in armed forces and has entered upon active

duty, or has entered upon extended active duty from a reserve status

(other than active duty for training purposes only), and no record

is found of receipt of DD form 53, request for armed forces informa-

tion (sSS

form #720) shall be addressed to branch of service concerned,

state director of Selective

Service.

Accordingly, when

subject's selective service file contains information

indicating

he is, or may be,

active duty in armed forces, and local board

has not attempted verification, USA and board should be advised

is being returned to board for further processing

part VII, Local Board Memorandum #46, and that

no investigation will be conducted in absence of further

request.

On the other hand, should Bureau investigation develop indication

service in armed forces,

office of origin should attempt

verification by communication with the appropriate field office

on form FD-188. USA should be promptly advised if service is

Fictitious registrations

Selective Sertica

Regulation 1613.43a requires local boards to mail

registration cortificates

(ssS form #2) to registrants not later than

five days. alter the registrant has been assigned a selective service

By Operations Bulletin #56, local boards were instructed as to

procedure to be followed upon return of a certificate undelivered by

Post Office Department, i.0.,

to endeavor to contact person listed

by registrant and, if negative reports are received from them,

as always knowing registrant's whereabouts and employer, if anyto report

case immediately to USA as possible case of fictitious registration.

Upon receipt of confirming report from USA, board is authorized to cancel

registration as fictitious.

Upon receipt of such a case from USA,

investigation should be made promptly to ascertain whether registration

is fictitious:

Ordinarily, this can be determined by checking out all

information furnished by subject at time of registration.

If information

is false or cannot be substantiated, registration may be considered ficti-

tious, and lore all shoula be prepared, of which USA must receive

a copy. Although fictitious registrations may be motivated by desire for

identifying document to accomplish any of an infinite variety of

from enlisting in the armed forces or obtaining employment

to evading arrest for desertion or past criminal offenses, majority

of such registrations fall within one of the following categories:

HH 55010 DocId: 32989600 Page 83

^=12

---

## Page 84

SECTION 90. SELECTIVE SERVICE ACT

90G

a.

Registrations by juveniles to obtain selective

service cards for

identification purposes

in obtaining access

to places, activities,

or employments from which normally excluded because of their youth.

Ordinarily, access is desired to pool halls, taverns,

and the like,

but, occasionally,

subject desires to obtain employment or enlist

the armed forces.

Age of registrant is falsified to make it

b.

appear he is old enough to be admitted.

Registrations by persons desiring an identification document to

aid in consummation of

,a crime,

forged,

or worthless check, or otherwise obtaining something of value

by illegal means

While primary purpose of investigation in cases involving apparent

fictitious- registrations is to establish whether registrations are,

in fact, fictitious,

and may be canceled by local boards,

each

fictitious registration is a violation of the act and every effort

should be made during investigation to identify subject so decision

as to prosecution

may be obtained from USA.

Unless unusual circum-

stances ezist, extensive investigation is not to be conducted to iden-

tily subject,

once it has been established registration is fictitious.

[18.1

If

subject not identified during investigation, do not present to USA.

Section 1613.43, paragraph (a), of Selective Service Regulations pro-

vides thats if the place of residence shown on lines 2 and 3 of any

registration card cannot be identified and located within a particular

local board area,

the Director of Selective Service shall designate

a local board to retain registrant's file:

found to exist in case wherein registrant reported delinguent, and

his selective service file is.

.Lorwarded to a local board in territory

of another field office, submit an RUC report.

Copies of all previous

reports and other pertinent data

should be furnished to field office

covering local board to which such selective

service files are for-

warded.

The office covering local board receiving such files will

then be office of origin.

I 19.]

Verifying

service of delinquents in allied forces

Registrants who served in armed forces of any country allied with

U. S.

in World War II for certain designated periods within certain

specified dates are

entitled to a deferred classification.

Requests

to verify

such

service

should be addressed

to Bureau.

If

subject re-

ported to have served in Mexican Army, his local address or FBI or

alien registration number. should be furnished, as effective search

of Mexican records cannot be made without fingerprints.

[ [10.] Facilities of Laboratory

In attempting to identify and locate delinquent,

a good photographic

copy of his signature as it appears on his registration card and

any other available specimens of his known handwriting may be forwarded

to FBI Laboratory for comparison with signatures appearing on finger-

prit cards in Identification Division concerning persons of similar

names and description,

or on fingerprint cards of a

specific person

who has

already been established as

possible identical with

subject.

Original documents should not be obtained from selective service

When necessary to obtain registration cards (SSS form *1)

or other original documents from a selective service file, Bureau

should be requested to

obtain same from Director of Selective Service.

-.

HH 55010

DocId: 32989600

Page 84

13

6-19-70

---

## Page 85

[

90G - H

SACTION 90. SELECTIVE SERVICE

A C1

11. If original selective service documents desired for

evidentiary

purposes in court, it is responsibility of USA to cause them to

12.

produced in court

through appropriate legal process.

Investigations in foreign countries

• When Bureau is requested to initiate,

investigations in foreign countries,

prepare

a letterhead memorandum

setting out all facts necessary to the

investigation, describing subject, and outlining investigation

to be con-

ducted. INo specific request to be made to have subject interviewed

in foreign country.] The letterhead memorandum should be dated and

caption should consist only of name, aliases, and selective

Original and live copies

of letterhead memorandum

should be furnished Bureau as enclosure to a cover letter requesting

Bureau to initiate investigation.

The letterhead memorandum will be

disseminated outside the Bureau and must be factually and grammatically

Omit material which should not be disseminated.

letterhead memorandum must be complete in itself, so that invest-

igation can be properly made on basis of letterhead memorandum

without reference to other records.

For preparation of letterhead

memorandum for Legal Attache, Ottawa,

see FBI. Handbook, part I,

section 49A, Item 10,

or Manual of Rules and Regulations, part II,

section 4D, item lp, (2).

13.

Draft raid

technique in

locating delinguents is contrary to Burezu

For reasons stated below under no-card cases, it is necessary that

such tactics as mass arrests, slacker raias,

or other dragnet tactics

be avoided. No such activity on part of Bureau personnel will be

tolerated,

and Bureau does not desire cooperation of any law enforcement

agency engaging in such tactics.

Bureau's policy and reasons underlying

it should be impressed upon local law enforcement agencies by SACs so

that no unpleasantness will develop and so that Bureau can be assured

of. their cooperation.

14. [Deleted]

it is found a male alien who entered the U. S. between 1956 and

June, 1962, and is subject to registration did not register for selective

service within six months of his arrival, his INS file should be reviewer

for a form signed by him

when he obtained his visa, which sets forth i

his native language his obligation to register for

selective service.

This form should be found among his entrance papers.

the case of male

aliens who entered the U. S. subsequent to June,

1962, this form should be

located at the office of

the state director for

Selective Service in the

intended to reside when

he entered the U. S.

the case of a male alien who has changed his status from

permanent resident subsequent to June, 1961, a notation

INS file indicating he was furnished INS pamphlet I-357:

This pamphlet,

mong other things, advises a male alien of his obligation to register

¡or selective service.

the violation is presented to the USA,

should be specifically advised as to whether or not evidence is available

that the alien had been informed of his obligation to register.

H. NO-CARD CASES

Sections 1617.1 and 1623.5, Selective Service Regulations, require

registrants to have registration certificates and current

notices of

classification in personal possession.

Cases of persons in custody

of local authorities will be referred

to Bureau offices because these

persons do not possess registration certificates or notices of classifi-

Such cases must be handled in less than 24 hours.

consideration is to determine as rapidly as possible that person in

custody is within age group required to register.

No cooperative

activity is desired on part of police or other local authorities in

accosting and detaining individuals merely because they do not have

certificates or notifications in their possession. Arrangements should

HN 55010

DocId: 32989600 Page 85

14

11-15-71

---

## Page 86

2.

)

SECTION 90. SELECTIVE SERVICE ACT

90H

be made with looal authorities so that appropriate Bureau offioe will

be notified if individuals within registration ages are arrested on

legitimate local charges and do not possess registration certificates or

notices of classification so it may be determined whether they are

-delinquent for nonregistration or other reasons.

It is to be clearly

understood and imparted to local authorities that no arrests or detentions

for sole purpose of determining whether an individual is in possession

of registration certificate or notification of classification are desired.

such action may constitute

, illegal arrest or detention and Bureau will not

be party to such activities on part of local authorities who may be over-

zealous or attempting to use this aot as authority for arrest of individuals

in instances where no grounds for arrest under local laws and ordinances.

Detention of an individual on charge of "hold for FBI," or any similar

phraseology,

while registration is being verified must be neither requested

nor tolerated.

It is responsibility of SAC to advise USA of above policy

so there will be no misunderstanding on his part as to course of action

Bureau will pursue in these cases.

There are numerous persons and

organizations opposed to the act

who will distort facts and take any

action necessary to bring act into public disfavor. Illegal

detention of "no-card" subjects will provide such persons and organizations

with exactly the ammunition they desire.

Verification of registration of subjects in police custody who do not

possess registration certificate or notice of classification

If subject in custody of local police without cards and has NOT been

charged with and arraigned on local offense:

Immediately advise USA subject is being held and steps are being

taken to ascertain his selective service status and determine

whether USA authorizes prosecution for failure to possess

registration certificate or notification of classification.

If prosecution authorized, immediately file complaint

and immediately notify local authorities to prevent subject's

(6) II USA

declines prosecution or defers decision until

subject's selective

service status ascertained, immediately

advise local authorities subject's detention on selective

charges is not desired by FBI. If it develops

subject is delinquent,

he may then be

charged with

substantive offense, and, if he has, in meantime, been

released by local authorities and his whereabouts is unknown,

process should be obtained and he should be considered a

fugitive.

(2) Immediately initiate an investigation to ascertain subject's

b.

selective service status.

If subject IS being held on local charges and will be

so held

regardless of whether or not he possesses registration certificate

• and notification of classification:

(1)

Immediately institute investigation to verify all information

concerning subject's alleged registration,

and ascertain whether

he is

delinquent, and

for his opinion as + have

facts submitted to appropriate USA

(2)

prosecution.

If subject not delinquent with looal board, field office covering

place of subject's incarceration should immediately discuss facts

concerning failure to possess registration certificate or notice

of classification with USA and obtain decision as to prosecution,

unless blanket decision from USA declining prosecution in such

cases has been previously obtained.

(3)

Local

authorities must be promptly

informed of the decision of

the USA.

To obviate necessity of sending more than two teletypes in verifying

registration, office having jurisdiction over place

of incarceration

should obtain following information to be included in teletype to

office covering subject's local board:

HH 55010 DocId:32989600 Page 86

15

3-13-69

---

## Page 87

[ 90H - J

I .

J.

SECTION 90. SELECTIVE SERVICE ACT

e.

Name under which subject registered

2

3

Residence address

given on registration

How far subject has progressed in being classified, and whether

to comply with further

instructions of local board

(4)

Description, which should be used in teletype if name is comnon

(5) Identity of transfer board if subject is to be inducted

Bureau office

subject's local

should immediately

ascertain whether

subject is registered.

If subject not delinquent,

advise office covering plaoe of

subject's incarceration by teletype immediately.

If subject is delinquent, present to USA for opinion as to

action desired, annithiz.enchggrof receipt of request,

action desired.

covering place of subject's incarceration of

Upon receiving advice a subject is delinquent,

and that USA declines

prosecution on condition subject complies with

his obligations under

the act, immediate steps should be

taken by

field office covering place

of incarceration to secure subject's prompt compliance so that local

police will not be called upon to hold subject for Federal Government

without compensation.

If there is to be delay in effecting compliance,

matter

should be promptly discussed with USA for purpose of obtaining

Federal custody of subject, either on basis of process issued in

district covering his local board or on basis of complaint and warrant.

in district covering his incarceration, charging failure to possess

registration certificate and/or notice of classification,

or failure

to report for induction, if warranted.

It is not responsibility of

this Bureau to present a man to a draft board physically for registra-

tion, classification, etc., nor to transport him to an induction center.

handling of the

prisoner is the responsibility of appropriate USM.

No investigation is to be conducted in these cases until the case is referred

by the USA,

if investigation is warranted following administrative review by

Selective Service.

Where certificates of registration and/ or notices of

classification are turned in to a governmental agency, other than the

Selective

Service System,

those cards should be turned over to the nearest

FBI field

The field office is to retain those cards and in writing

notify the appropriate state director of Selective Service of

each registrant's

action and provide a copy of the card or cards, with a copy of this

correspondence directed to the USA for the district in which the card or

cards were turned in.

The local board of each registrant will subsequently

notify the field office whether or not the card turned

this is to be reported by the field office to the

in whose district the card was turned in.

If the registrant's local board is covered by a USA other than the USA in

whose district the card was

turned in, that particular USA should also receive

a copy of the correspondence.

A copy of the correspondence should also be

to the field office covering the registrant's local board and to the

Bureau for appropriate indexing.

SELECTIVE SERVICE PERSONNEL

Investigative steps

If complaint is received alleging official or employee of Selective

Service System has violated criminal provisions of act,

thoroughly inter-

view informant to secure all details upon which complaint based.

complaint specific and believed to have substance,

appropriate investiga-

tion should be initiated immediately.

Bureau must be advised of complete

facts immediately and report of ompleted investigation submitted

within

16

3-13-69

HH 55010 DocId:32989600 Page 87

---

## Page 88

к.

SECTION 90. SELECTIVE SERVICE ACT

90J - I

2.

Miscellaneous complaints alleging misconduct on part of draft officials,

unaccompanied by specific allegation of fraud, should be referred to state

director of Selective Service.

For example, a complainant may submit

list of registrants he considers, incorrectly classified,

alleging facts upon which

prosecution might be predicated.

are administrative in nature should be referred to state director

of Selective Service for handling.

Allegations of incorrect classifica-

tions may be checked by Selective

service auditors.

If criminal

violation indicated,

Selective Service System may then refer matter

Bureau for investigation.

MISCELLANEOUS COMPLAINTS

When complaint received alleging iölamonor act, preliminary investigation

should be instituted.

Complaist sochintenthair face indicate dissatisfaction

with action taken by local board regarding classifications or deferments, or

similar nature, should be referred either to local board involved or

director of Selective Service, inasmuch as classification of registrants

is within exclusive jurisdiction of Selective Service System.

If allegation

is to effect registrant has obtained a classification to which not entitled

by reason of having furnished local board information which is not true,

such circumstances would constitute an allegation a criminal violation has

been committed and should be investigated.

COUNSELING EVASION CE ACT OR REGULATIONS; HINDERING OR INTERFERING

Organized opposition to act

A number of organizations and persons are actively engaged in formulating,

promoting, and organizing opposition to act.

Such opposition may assume

forms, such as efforts directed

toward repeal of act, encouraging

registrants to avail themselves of grounds for deferment or exemption pro-

vided by or under act, and counseling noncompliance with act through

refusal or evasion of registration,

service, or other duties imposed by

act or regulations.

these organizations may

come in conflict

with either or both of two penal provisions of section 12(a) of Title I

of act, which prohibits counseling of evasion or refusal of any of

provisions of Title I,

as well as hindering or interfering with administra-

of this title, and may also constitute violations of peacetime

sedition statutes.

Violations of the two mentioned provisions of section 12(a) may occur

either because of results

sought by organization or individual opposed

to act or because of manner in which organization or individual attempts

to achieve desired ends.

Any activities which constitute counseling, aid-

or abetting of refusal or evasion of any of provisions of Iitie I

illegal and punishable under act,

regardless of the manner in which

carried on.

On the other hand, activities directed toward repeal of act

encouragement of registrants to assert rights granted to them by act

are not in violation of Title I unless carried on in such manner as to

constitute hindrance or interference with administration of act.

example, it is possible persons advocating repeal and attempting to

influence others to join them in that purpose may picket registration

centers, local boards, eto., in such a manner as to hinder or interfere

administration of act.

No active investigation should be conducted until authorized by Bureau.

Observation of these

activities should be continued and Bureau offices

should arrange to receive information from police agencies, informants,

and similar sources.

Copies of handbills and literature should be

obtained and appropriately 'identified and preserved for possible future

Photographs of picket-line activities should be obtained, unless

inadvisable under existing circunstances, particularly when signs are carried

counseling evasion or refusal of registration, service, or other provisions

HH 55010 DocId: 32989600 Page 88

17

3-13-69

---

## Page 89

[ 90M

SECCION 90. SELECTIVE SERVICE ACT

M. MALINGERERS AND AIDING AND ABETTING

1.

On receipt of complaint registrant has been rejected at induction

center because he has feigned psychoneurosis, a psychopathic personality,

failed to meet minimum mental and literacy tests, or a physical disability,

preliminary investigation should be conducted to

of information and facts presented to USA for opinion as to further in-

vestigation and prosecution.

complainant should be thoroughly interviewed and registrant's status at

his

local board

should be determined.

exercised in conducting this type of investigation, as Bureau does not

desire to be placed in position whare it can be accused of disputing

nedical findings of doctors or psychiatrists.

2.

Then specific allegations aru made "that some person instructed registrants

in schemes to obtain rareatin prider or abetted registrants therein,

immediate and thorough investigation should be conducted and facts pre-

sented to USA when case

sufficiently developed to enable him to determine

if prosecution advisable.

Bureau must be currently advised of all

developments in cases of

this type and investigation should be handled

promptly.

* *A

HH 55010 DocId: 32989600

Page 89

18

3-13-69

---

## Page 90

CTION 90. SELECIIVE SERVICE A

90N - 0

0.

[

PRESENTING CASES TO USA

All pertinent facts relating to reported violations of act should be

thoroughly discussed with USA. A decision as to prosecution should not

ordinarily be sought Irom USA until evidence has been obtained indicating

violation is wilful, or delinquent has been located and interviewed.

Large number of registrants are found by investigation to be veterans

exempt from induction,

currently serving in armed forces, or obviously

disqualified physically or mentally.

Complaints filed with U.S.

Magistrates by Agents in'these cases are regarded by public as formal

accusations by Bureau of serious violations of law punishable by severe

penalties.

Good judgment and common sense should be used so that reported

delinquents are not lightipzarmiesshy thus stigmatized.

indicates in advance.he. wil.dectine. prosecution in favor of compliance

by subject if the violation is not wilfuland subject is willing to comply,

decision as

to whether violation was wilful must be made by USA and not by

Accordingly, after location and interview of a delinquent, a11

pertinent facts developed must be presented to USA for a prosecutive opin-

ion before

any arrangements are made to enable delinguent to bring himself

into compliance with act.

When information is obtained a subject is or may be armed and dangerous,

process should be obtained, if possible,

for protection of Agents in

approaching him for questioning.

Any evidence indicating wilfulness should

be furnished USA.

Possibility such delinquents may be morally unacceptable

to armed forces because of arrest records or pending criminal proceedings

also be borne in mind with view to furnishing available

information to local board, if USA has no objection, for consideration in

connection with possible reclassification of subject. (Refer to Army

Regulations 601-270.)

2.

3. Deleted

RECALCITRANT INDUSTRY

1.

Statutes (Title

50 App., USC, & 468)

2.

Section 18(a), Title I, of act authorizes President whenever, after

• consultation with and receiving advice from National Security Resourçes

3oard (nowlOffice of Preparedness, General Services Administration),.

ne determines it is in interest of national security for Government to

obtain prompt delivery of any articles or materials, the procurement

of which has been authorized by Congress exclusively for use of armed

a been authort zea by

forces or Atomic Energy Commission, to place with any person operating

a plant, mine, or other facility capable of producing such articles

or materials

an order for such quantity thereof as he deems appropriate.

Any person with whom an order is placed pursuant to this section is

advised the order is placed pursuant to provisions of this section.

such order such precedence with respect to all other

orders theretofore, or thereafter, placed with such person as

President may prescribe, and

(2) To fill such order within time prescribed by President

soon thereafter as possible

HH 55010 DooId:32989600 Page 90

19

1012.72

---

## Page 91

90-9

2.

SPATION 90. SELECTIVE SERVICE ACT

Section 18(c) authorizes President to seize and operate any plant,

mine, or other faoility which refuses or fails to give such an order

prescribed priority; to fill

an order within prescribed time; to

produce kind or quality of articles or materials ordered; or to

furnish quantity, kind, and quality of articles or materials ordered

at negotiated price or, in event of failure to negotiate a price, at

such price as producer may subsequently be determined to be entitled

section 18(d), which provides fair and just compensa-

tion shall be paid by U.S.

As used in section 18, term "person" means any individual, firm,

company, association, corporation, or other form of business organi-

and a plant, mine, or other facility shall be deemed capable

of producing any articles

or materials if it is then producing or

furnishing such articles or materials, or if President, after consulta-

tion with and receiving advice from National Security Resources Board

(nowlOffice of Preparedness, General Services Administration), Ideter-

mines it can be readily converted to production or furnishing of such

articles or materials.

b.

By section 18(h)(1), President is empowered, through Secretary of

Defense, to require

all producers of steel in U.S. to make available

to individuals, firms, corporations, etc., having

orders for

products or materials required by armed forces such percentages of

production of such

producers, in equal proportion, deemed

necessary, for expeditious execution of orders for such products or

materials.

Compliance with such requirement is obligatory on, and

takes precedence over all orders and contracts theretofore placed

such producers of steel.

President is authorized to take

immediate possession of plant

or plants of any steel producer refusing

to comply.

lypes of offenses under section 18, Title I

2,0

Plants, mines, and other facilities

Failure or refusal to give prescribed precedence to order placed

under section 18(a)

President, after consulting with and receiving advice

from National Security Resources Board (now Office of

Preparedness, General Services Administration), has deter-

nined that it 1s in interest of national security foi

Government to obtain prompt delivery of certain articles

(2)

II.

Procurement of such articles or materials has been

authorized by Congress exclusively for

forces or oi Atomic Inergy Commission.

III.

President, through head of any Government agency, has

order with defendant (or firm, etc., of which

he is an officer for quantity of such articles or

materials.

IV.

Defendant (or firm, etc., of which he is an officer) is

capable

of producing articles or materials ordered as

delined in section 18 (g (2 oi Title I of act.

v.

firm, eto., with whom order was placed was

the order

section 18(a),

VI.

Wilful failure or refusal to give the order such preced-

ence with respect to all other orders (Government or

private theretolore or thereaiter

with defendant

Tor firm,

etc., of which he is an officer) as was

prescribed by President

Failure or refusal to fill order within time prescribed or as

soon thereafter as possible

Elements

I through V same as above

Wilful failure or refusal to fill order within period

of time prescribed by President or as soon thereafter

as possible

1H 55010 DocId: 32989600

Page 91

20

12-13-73

---

## Page 92

FION 90. SELECTIVE SERVICE AQ

900 - P

• .

89:

3.

b.

Producers of steel

(1)

Refusal to comply with requirement for percentage of production

(a)

Elements

I.

President, through Secretary of Defense, has required

all steel

producers in U.S. to make available to

IndIvIduals, fIrms, etc.,

having orders for

steel

products

or steel materials required by armed force:

a percentage of the steel production of such producers,

in equal proportions,

deemed necessary for expeditious

execution of

for such products

II.

Defendant is producer of steel in U.S. or a responsible

head of a firm, etc., producing steel in U. S.

III.

Refusal to comply with requirement to

designated

percentage of steel production

Bureau policy

No investigation with respect to a reported violation of section 18,

Title I,

shall

be conducted

without prior Bureau

authority.

REEMPLOYMENT PROVISIONS

1.

Statute in on one pen me has satisfactor ily

completed his period of training and service under this act shall be

restored to his former position or a position of like seniority,

status, and pay, if

still qualified to perform duties of

such position,

not so qualified by reason of disability sustained during his

the act, shall be restored to some other position in

employ of former employer, duties of which he is qualified to perform.

other position must

provide like

seniority, status, and

nearest approximation thereof consistent with circumstances.

Any person claiming to be entitled to benelits under this section

must have left a position which was not temporary and must (1) have

received certificate from armed forces certifying to satisfactory

completion of his period of service, (2) be qualified to perform

duties of position left or some other position with previous employer,

.and (3) make application for reemployment within 90 days.

A person

qualified for reemployment need not be reemployed by private employer

il employer's circumstances have so changed as to make it impossible

or unreasonable to do so.

Subsection (a) of section 9 gives U.S. district courts power to

require specifically private employers

to reemploy persons

entitled

to reemployment and directs USAs "or comparable officials," if

reasonably satisfied person is entitled to reemployment, to appear

•and act as attorney for such person in settling claim or in enforcing

it in court.

Subsection (h) requires Secretary of Labor, through Bureau of Veterans'

Reemployment Rights, to render aid in replacement in former positions

of persons who have

satisfactorily completed service in armed forces.

In rendering such

aid, Secretary must use existing Federal and state

agencies engaged in

similar or related activities and must utilize

2.

• services of volunteers.

Bureau policy

No investigation under this section should be initiated except on specifio

request of USA.

Bureau must be advised immediately by routing slip or

letter when such a request is received.

Letter should contain notation

3.

"Informative data - not to be liled."

No copies or abstracts necessary.

Investigative procedure

Signed statement should be obtained from each person interviewed.

b. Personnel of Labor Department

or of agencies utilized by that Depart-

who handled veteran's case,

thoroughly interviewed to

ascertzin whether veteran qualified for relief and what efforts were

nade to persuade employer to reemploy veteran.

Therealter,

veteran and employer should be interviewed separately to

obtain respective versions of controversy.

HH 55010 DooId:32989600 Page 92

2]

---

## Page 93

90P

=T

SECTION 90. SELECTIVE SERVICE ACT

d. If ascertained at

any time during investigation that veteran did

not comply with statutory requirements in making application for

reemployment within 90 days or for any other reason is not entitled

to relief, discuss facts with USA to ascertain whether he desires

further investigation.

e .

Investigations must receive preferred and expeditious attention to

insure security of returning veterans.

Investigation should be

completed within 30 days.

4.

of investigation, pending report should be prepared,

with lead set out to report final disposition of case.

Closing report

is to contain complete details as to manner in which

veteran's claim

was finally settled, and results of any court action, such as lines,

damages awarded,

reemployed, etc.

Case may be placed in pending-inactive status after investigation

completed and only action remaining is to report final disposition.

2.

Particular effort should be made when delinquency matter has been

reported and information is subsequently

received that delinquency

has. been removed to have facts presented to USA for prosecutive opinion.

By following this procedure, form FD-41l should be prepared where

prosecution has been declined in cases of this type.

This will obviate

necessity of maintaining cases in pending status merely to secure

prosecutive opinions from USAs.

Cases need not be kept pending

¡or extended periods merely to repor

action of local board.

I board or USA has indicated what action ha:

been taken by the board and USA has declined prosecution, case may be

This does not apply if

other action or investigation to be

completed, followed, or reported.

R. CLASSIFICATION - 25

S. CHARACTER

Correct character, which

may not be abbreviated in reports,

is Selective

Service Act, except:

1.

Deleted

2.

3.

In reemployment cases, character is "selective Service lot - Reem lotment."

In cases concerning

organized opposition to act, character is

-, Service Act - Sedition."

Selective Service Act

should not be carried in

character of [communications]setting out investigation conducted

concerning

another, violation unless a violation of

the Selective Service Act is also

involved.

T. HANDLING DELINQUENTS OUTSIDE UNITED STATES

Registcants who left or have remained outside U.S. to evade service

are no extradition

treaties covering selective service cases.

On 9-27-44, the President signed Public Law 431, 78th Congress,

more comnonly known as "Expatriation Bill," which amended section 401

of Nationality Act of 1940 (Title 8, USC,

§801) and which (1) pro-

vides Ior automatic expatriation of a citizen of U.S. who departs

Irom, or remains outside of, the country during time of war or national

emergency for purpose of aroiding or evading military service and

(2) prohibits reentry to U.S. of any alien who departed from U.S.

22

11-15-71

NN 55010 DocId:32989600 Page 93

---

## Page 94

ION 90, SELECTIVE SERVICE AC

90 T

same purpose (8$ 136(a) (1) and 801(j), Title 8, USC).

sections were repealed by Public Law 414,

82nd congress,

commonly known

as McCarran-Walter Act, and reenacted as

sections 1182 a 122) and

1481 (a) (10), Title 8,

the first pertaining to aliens and the

second

to citizens.

In reenactment of this legislation, important

changes were made.

With respect to aliens, statute excepts from its

provisions those

who are nonimmigrant aliens at time of

departure

to avoid service and who seek to reenter as nonimmigrants.

on 2-18-63 the U. S. Supreme Court in Kennedy v. Mendoza-Martinez

and Rusk v. Cort (372 U.S.

144 (1963) held as unconstitutional

sections 801(j) and 148i(a) (10), Titie 8, USC, pertaining to citizens;

thereby barring the U.S. from expatriating citizens who depart or

remain outside the country during time of war or national emergency

for purpose of avoiding or evading military service.

It is important to note that nonimmigrant aliens who leave to avoid

or evade training and service are thereafter ineligible to reenter

as immigrants.

Information concerning such aliens should, therefore,

be furnished by Bureau to Immigration and Naturalization Service (INS)

so that any subsequent applications by such aliens for reentry as

immigrants may be denied.

obtained as to whether

Section I1822,

opinion of USA shall be

22) applies to extent of

debarring subject from reentry as an immigrant, and summary report.

shall be prepared in each case in which this section is declared

applicable by USA so that Bureau may furnish copies to INS.

2. Aliens

Department issued Order #314-64, dated 3-16-64, addressed

to a11 USAs

and all field offices of FBI and INS.

This order supersedes

Departmental Order #13-53, dated 4-20-53, and sets forth procedures

for handling delinguents who leave the U.S. under Title 8, USC,

§ 1182(a) (22).

The procedures set forth in Departmental Order $314-64 provide as

follows:

(1)

USA

shall examine his file and investigative reports in each

case

and, upon determination

section 1182(a) (22) is applicable, he

shall

so notify the field office of FbI.

(2)

FBI will furnish INS all information pertinent to application of

above section.

Application of the law from an administrative

viewpoint shall thereafter be responsibility of INs.

Where

appropriate, FBI should also make such information available

to State Department.

(3)

USA shall notify state director of Selective Service of names,

selective service numbers,, and local boards in such cases so his

records and those of local boards may be appropriately noted.

(4)

In al1

cases involving aliens in which indictment not returned,

cases may be closed in offices of USA and FBI.

Where any doubt as to disposition of any delinquency case which

may fall within purview of above section, matter should be

taken up with the Department.

Investigative

(1)

It is Bureau's responsibility to furnish usa with suffioient

information

to serve as basis for his decision as to whether or

not case falls

within purview of this section.

that case

is within purview

responsibility to furnish the information developed through

investigation to INS anã, where appropriate, to State Department.

(2)

Investigation should result in obtaining as much of following

listed information as possible:

His address upon registration

HH 55010 DocId: 32989600 Page 94

23

---

## Page 95

[ 90T

SECTION 90. SELECTIVE SERVICE ACT

(3)

(4)

(5)

( 6)

(0)

Number

and looation of local board

wivn

which he regis-

tered

Date of delinquency

Reason

for delinquency

Date and place of birth

Citizenship status

Last known address of subject in U.S. or in a loreign

Any known arrest record.

Date and place of subject's entry into U.s.

Reasons for entering U. S.

Whether was in this country on temporary or permanent visa

m

Any employment record in U.

S. and period of

such employment

Ownership of property in this country

Location of relatives in the U.S.

statements made by subject or other actions on his part

indicating reason for leaving U.S. It will not be necessary

to have alien subjects interviewed

after they have departed

from this country.

the alien's residence outside

(9)

the U.S. should be verified.

Personal description, including alien registration number,

when known

Present status of any pending criminai proceedings con-

cerning him

other

additional information,

together

with source, indicating that subject owed a duty to serve

in armed forces of U.S. and; further, indicating he left

U.S. or is remaining

outside its borders for purpose of

'avoiding

service.

Records of INS

should be checked in every case of this type

involving an alien, not only to secure background information

but also

to obtain

subject's alien registration number so his

fingerprints may be located in Identification Division of

Bureau.

It will not be necessary to have alien subjects interviewed

after

they have departed from this country.

However, the alien's

residence outside the U. S. should be verified.

If information developed concerning an alien who was a visitor

in U.S. when he registered, or who was in U.S. only temporarily,

it may

serve as basis for cancellation of registration.

cases

should be

discussed with USA with view

investigation if it appears subject has no duty to serve in armed

forces of U.S.

When investigation

his decision as

completed,

present facts to USA to obtain

to whether this

section applies.

If he decides

it does, following action should be taken:

secure and report opinion of USa relative to prosecution o1

Selective Service Act.

or a dual-citizen, USA will generally authorize dismissal

any outstanding process, except in case of a dual-citizen of

In these latter cases, Department will not

are

reluctance to issue certificates of nationality which

necessary for deportation of dual nationals.

HH 55010

DocId: 32989600

Page

95

24

3-13-69

---

## Page 96

ION 90. SELEGIIVE SERVICE AC

90T

d.

Wanted notices and fugitive stops

(1)

Identification Division

of Bureau

When closing summary report is submitted (i.e,, when no prooess

obtained or, if obtained, is to be dismissea!,

manted notice should

be forwarded to Bureau with closing report, unless wanted notice

has previously been placed,

in which case it should remain out

standing.

If, in a case in which a closing summary report is

submitted, a fugitive form letter has previously been forwarded

to Bureau,

an airtel advising of dismissal of process should be

transmitted to Bureau, as in usual lugitive case, but airtel

shall include statement that case is being handled under Title 8,

USC,

11182; and it will mot.he.necessary. 07810.arkather

wanted notice with Dentsfication Dirisimn..comipasas which are

to remain

pending inactive and process is to remain outstanding,

Iugitive form letter previously forwarded to Bureau will remain

in effect.

If no such form letter has previously

been

sub-

mitted,

this should be done at time process issued, even though

subject's whereabouts in a foreign country is know.

current fingerprint card is received in Identification

Division relating to subject or person possibly identical with

appropriate information will be furnished, not to the

field office,

but to the Bureau, which will advise

INS, unless

violation of instant act is outstanding, in which

case Bureau will advise office of origin, which will ascertain

from USA his desires as to prosecution and/or other disposition

Identification records received from Identification Division in

cases closed under this section are for information only and

require no action on part of field office.

e.

Summary reports

shall be prepared in all pending cases of this type

completion of investigation.

There will be no necessity for

submitting a regular investigative report in addition to summary

report in those cases presently under investigation if summary report

• contains all information developed.

3.

Citizens

If it is determined that a person previously expatriated under provisions

of section 1481(a) (10),

Title 8, USC,

or its predecessor,

801(j ), Title 8,

is located in the U.S.,

the case

should be

and presented to the USA for a prosecutive opinion.

Current investigation of citizens who leave the U.S. to avoid military

service should be handled as any other delinquent registrant case.

As much of the following should be obtained as possible:

N

His address upon registration

Number and location of local board with which he registered

Date of delinquency

for delinquency

Date and place of birth

Citizenship status

Last known address of subject

in D. S.

a foreign country

9

(10

11

(12)

[ (13)

Any known arrest record

Ownership of property in t. S.

Location

of relatives

Any statements made by subject or other actions on his part

No specilic request to be made to have subject interriewed

after he has departed from i.s.

His Iocation outside U.S.

should be verified.

(For preparation ai lesterhead

memorandum for legal Attache, Ottan, see FBI Handbook,

part I

1p, (2). 1

sec. 491, item 16, ax MRI, part II, seC. 4D, item

HH 55010 DocId:32989600 Page 96

---

## Page 97

gor.

CTION 90. SELECTIVE SERVICE

•(14)1 Personal description

: 15)i Present

status

of any criminal proceedings concerning him

Upon completion of investigation

regarding current violators,

prosecutive opinion

should be

obtained from the appropriate USA.

The Passport Office,

Department' of State, will issue a restrictive

pa spont

allowing

only to

the U.

s. if the USA

advises it

writing that he intends to prosecute

and he forwards

certified

copies of

and indictment or information.

This may have

the praotical effect

of having subiect expelled from the foreign

country.

HH 55010

DocId: 32989600

Page 97

26

11-15-71

---

## Page 98

SECTT

103. FOREIGN POLICE

COOPERA TTAN

103A - C

A.

[

In reciprocity

for the work done abroad for the Bureau by foreign law enforce-

ment and security agencies, the

Bureau will conduct investigations in the

U.S. for such agencies.

As a cooperative measure, the Bureau will also.

for investigations in the foreign countries covered by legal attaches

section 102 of

this manual or Territorial Allocation List in

of U.S. 'agencies and state or local police.

such investigations fall

within the Bureau's established investigative jurisdiction, they should be

conducted under the proper substantive character; when they do not, they are

to be handled under the character "Foreign Police Cooperation."

B. SCOPE

The number of requests for assistance which can be accepted is necessarily

limited due to manpower and budgetary considerations. In general, requests

will be accepted in the following categories:

Reguests from friendly foreign agencies and U.S. agencies abroad for

name checks of Bureau files anâ name or fingerprint searches of Identifica-

tion Division records

Requests from foreign police and

security agencies for coverage of leads

the U.S. arising out of their investigations

Requests for investigations in the U. S. from U. S. agencies abroad in

matters being handled by

provided they have no adequate facilities

to handle such investigations themselves

Requests from other Federal agencies and from state and local police

organizations for cooperation in

the coverage

of reasonable investigative

leads in

foreign countries in which coverage is maintained through

legal attaches

C. INVESTIGATIONS

1.

Requests from foreign agencies and U.S. agencies abroad

Such neguosta ano asually 2o0cir0a by lugal Gtunchno ve

although in

is the responsibility of the legal attaches and border offices to secure:

A brief

resume of the case

Any necessary background and descriptive data concorning subjects or

Any other pertinent information which would aid in conducting the

investigation

A clear and concise statement of exactly what information or investi-

gation is desired

[

the Bureau promptly upon receipt of requests

for investigation and of action

pursuant thereto.

of special factors,

the Bureau need not be advised of routine requests on

which individual cases are not opened.

Requests received at[FBIHQ]from legal attaches and other sources will

referred to the field by the Bureau.

In the absence

of additional

instructions

or information known to the field office

which would make

it

inadvisable,

the requested investigation

should

conducted.

investigation should be limited to

the request and

to the coverage of

logical leads growing out of the information

developed.

Recommendations

for

additional

investigation

outside the scope

of the original request

should be

set forth

in

the cover letter

transmitting the results of the

investigation to[FBIHQJand should await Bureau approval.

# m De/6

A LL INFORMATION COUTAINER

HE REIN IS UNCTASSIPIEN

DATE 17/07/20 B1 5R PARAT

NN 55010 DooId:32989600° Page 98

11-13-72

---

## Page 99

1030 - D

SECTION

03 .

FOREIGN POLICE COOPERATION

2.

3.

are to be made in foreign police cooperation cases unless

specifically instructed by

Requests for

investigation

in foreign

countries

In behalf of state and local police

organizations, the

Bureau will arrange

number of investigations in countries which are covered by

legal attaches.

can be extended only on a selective basis

as the Bureau

maintains only limited staffs abroad.

The requesting police

department must understand

that Bureau Agents will not actually conduct

the investigation

the Bureau is not responsible for the adequacy

or accuracy of the results.

Requests of this type

should be

submitted to the Bureau in letterhead

memorandum form,

including a brief resume of the case, necessary back-

ground and descriptive information, and a clear and concise

statement

of

the desired investigation.

Full details should be included regarding any

process outstanding, and whether extradition will be sought if

fugitive is located.

oThe cover letter should contain a statement as to

the degree of cooperation extended to the Bureau by the requesting police

official and should also contain the recommendation of the sac.

Requests for name

and fingerprint checks

Requests involving

search of Bureau files or a file search

a search of Bureau fingerprint records should be designated for

attention of the Name Check Section.

Requests involving

only a search

of Bureau fingerprint records should be designated for the attention of

the Identification Division.

Legal attache requests for a check of

Bureau files and/or a check

of fingerprint records and which also include

a request for investigation should be designated for the attention of

the Liaison Section.

D.

The reputation of the Bureau within foreign agencies will be directly affected

by the manner in which foreign police cooperation cases are handled.

quality of the investigations,

the promptness with

which they are conducted,

and the accuracy and completeness of the reporting of

will come directly under the sorutiny of officials of foreign polive and

security agencies.

It is, therefore, incumbent upon each Agent to whom a case

of this type is assigned to investigate it promptly and thoroughly and to

report the results accurately and completely.

1.

Results of investigation should be submitted in a letterhead memorandum

•(original and 5 copies) and caption should be limited to the title.

not use the character

"Foreign Police Cooperation" in letterhead memoranda.

2.

Communications

transmitting letterhead memoranda should include foreign

police cooperation in the caption and should be marked for the attention

of the Liaison Section.

3.

The letterhead memorandum should receive a protective security classifi-

cation, if warranted, [but should not be marked for declassification if

prepared for a foreign agency.i

4.

Do not include the property

statement in the letterhead memorandum unless

special reasons exist. These reasons, if present, should be explained

in the cover letter.

5.

If the request concerns information from another Government agency,

include in the letterhead memorandum only the information which that.

agency is willing to have furnished to the interested foreign government.

6.

agency has agreed to such dissemination.

Information from confidential sources and techniques must be paraphrased

in such a way as to fully protect their identiti

H# 55010 DocId:32989600 Page 99

---

## Page 100

SECTI

103. FOREIGN POLICE COOPERAT

103D - G

7.

Do not include the nanes of Agents in letterhead memoranda. Agents

should be identified in the cover

letter.

8.

Signed statements should be taken

only when specifically

requested or

when good judgment dictates.

If feasible,

Agents

should

secure a police

officer

9.

to witness the signing of

In applicant-type investigations for foreign agencies, no reference should

be made to the applicant's loyalty to the u.s.

such cases, inquiries

should be made as to whether the

applicant is loyal to democratic

10.

principles.

Results of

investigation must reach the Bureau within 30 days from

date of the Bureau communication

the

which forwaided the request unless

a

shorter deadline is specified.

11.

Avoid

using

dual character.

If ai

foreign police cooperation

request

develops

into a substantive Bureau case,

the character

"Foreign Police

Cooperation" should be dropped and the proper character used.

1.2.

All Bureau instructions concerning investigations and report

writing are

applicable to this classification

unless specifically modified herein.

E. CIASSIFICATION ~ 163

F. CHARACTER - FOREIGN POLICE COOPERATION

The Bureau 1s Office of origin in Foreign Police Cooperation cases and, as

such, should be the recipient of all field office communications.J

NH 55010 DocId: 32989600

Page 100

i co

+ A

---

## Page 101

LA.

...

..

SECTION 1.34.

ASSAULIING THE L. IDENT OF THE UNITED STATES AND

THRE

AGAINST

THE ---NIDENT OF THE

TTED STATES

134A

ASSAUITING THE PRESIDENT OF THE UNITED STATES

1.

Statute

Fitle 18, ISC, § 1751, offoctive 8-28-65

Whoever kills any individual who is the President of the United States,

the President-eloct,

the Vico President,

the officer next in the order of succession

or, if there Is no vioe presidontine

to the office of President of

United States, the Vice-President-elect, or any individual who is acting

President under the Constitution and laws of the United States, shall be

punished as provided by sections 1111 and 1112 of this title.

Whoever kianaps any individual designated in subsection (a) o1 this

section shall be punished (1) by imprisonment for any term of years or for

life, or (2) by death

or imprisonment for any term of years or for life, if

death results to such individual.

"(c) Whoever attempis to kill or kidnap any individual designated in

subsection (a) of this section shall be punished by imprisonment for any

term of years or for life.

If two or more persons conspire to kill or kidnap any individual

designated in subsection (a) of this section and one or more of

such persons

so any act to effect the object of the conspiracy,

each shall be punished

(1) bv imprisonment for any term of years or for life, or (2) by death or

imprisonment for any term of years or for life, if death results to such

_individual.

" (e)

Whoever assaults any person designated in subsection (a) of this

section shall be fined not more than $10,000 or imprisoned not more than

$ 0

or both.

The terms 'President-elect' and 'Vice-president-elect' as used in

this section shall mean such persons as are the apparent successful candidates

for the offices of President and Vice President, respectively, as ascertained

from

the results of the

general elections held to determine

the electors of

President and Vice President in accordance with

title 3, United States

Code,

"(g)

sections 1 and 2.

The Attorney General of the United States, in his discretion, is

authorized to pay an amount not to exceed $100,000 for information

and

services concerning a violation of this section.

Any officer

or employee of

the United States or of any State or local government who furnishes

information or renders service in the performance of his official duties

shall not be eligible

this subsection.

"(h) If Federal investigative or prosecutive jurisdiction is asserted for

a violation of this section,

such assertion shall suspend the exercise of

jurisdiction by a State or local authority, under any applicable State or

local law, until Federal action is terminated.

"(i) Violations of this section shall be investigated by the Federal Bureau

of Investigation.

Assistance may be requested from any Federal, State, or

local agency, including the Army, Navy,

and Air Force, any statute, rule, or

regulation to the contrary notwithstanding. "

2.

Violations

2..

Iitle 18, USC, & 1751

Whoever kills, kidnaps, assaults, or

Attempts to kill or kidnap, or

•Conspires to kill or kidnap

The President of the U.S. or other designated person

3.

Prosecution should be initiated in the district in which the offense was

committed or if the ofiense

was-committed out of the jurisdiction of

particular state or district, prosecution should be as provided for in

Title 18, USC, § 3238 (offenses not committed in any district).

#m0216

ALL INFORMATION CONTAINED.

FREIN IS UNCLASSINLS

HH 55010 DooId:32989600 Page 101

2-25-66

---

## Page 102

134A

SECTION 134.

ASSAULTING JHE PRESIDENT OF THE UNITED STATES AND

REATS AGAINST THE PRESIDENT OF THE UNITED STATES

4.

Policy

Definitions

(1)

Assault

The Department has indicatod Congress intended that the common

law definition of the term

"assault" bo applied to this statute.

Assault is defined in U.S. v. Hand, (26 Fed. Cas. 103):

"AN

assault is

or attempt by force to do

a corporal

injury to another; as if one person strike

at another with

his hands, or with a stick, and misses him; for, ll the other

be stricken, it is a battery, which is an offense

of a higber

grade.

Or if he shake his

fist at another,

or present a gun,

or other weapon, within such distance as that

a hurt might be

given; or drawing a sword,

and brandishing it in a menacing

manner.

But it is essential to constitute an assault, that

an intent to do some injury should be coupled with the act;

and that intent

(2)

should be to do a corporal hurt to another."

Use of Army, Navy, and Air I'orce as "posse comitatus"

Title 18, USC, & 1385, prohibits the genoral use of the Army

or Air Force

a posse comitatus.

Section 1751 (1) specifically

authorizes the FBI to request assistance from these military

notwithstandinstatute, rule, or regulation to the contrary

(3)

President-elect

and Vice-President-elect

These terms are

defined in Title 18, USC, § 1751 (1).

Title 18, USC, $ 1751 (i),

states in part "violations of this

investigated by

the Federal Bureau of Investigation, "'ection

Actual assault, killing,

or kidnaping

for the investigation of any actual

assault, killing, or kidnaping of those individuals designated

(2)

in the statute.

Conspiracy to kill or kidnap

The FBI shall investigate conspiracios to kill or kidnap provided

two or more persons are involved and there is an agreement

between coconspirators, as well as the presence of some overt

such as obtaining

the instruments, means, or other

necessitios for the execution of such

(3)

Attempts to kill and kidnap

The FBI shall investigate actual attempts to kill or kidnap.

An actual attempt to kill or kidnap, even on the part of an

individual acting alone without known coconspirators when there

is activity,

such as obtaining the instruments, means, or

other necessities, so as to indicate an effort by the individual

to consummate

the attempt, would likewise be investigated by

the fBI.

(4)

Attempted assault

law definition of assault includes the concept of an

falling within the definition of the term

were the fBI would investigate such attempted assaults

there exists clear-out physical action on the part

individual sufficient

cause apprehension of personal

injury to an individual designated in the statute.

1W 55010

DocId:32989600

2

2-25-66

Page 102

---

## Page 103

SECTION 134.

ASSAULFING THE PRESIDUNT O THE JUITED STATES AND

TH

IS AGAINST DEZ PRESIDENT OF TP

MITED STATUS

134A.

(5)

Responsibility of U. S. Secret Serrice

By statute, the secret service is charged miin the protection oi

President and other designated individuals.

Title 18,

In addition,

ibe Secret Service is charged by statute

with the investigation of threats against the President and

other designated persons.

(Title 18,

USC, $ 871.)

The Department

indicated. since the

names the

FBI as the agency to

of Title 18,

& 1751, the FBI would

therefore be responsible ünder the

lar tò investigate under

certain conditions violations over which the Secret Service

rad previously exercises its

jurisciction.

Threats against the

Prasident and other designated persons mhich do not lall within

the criteria set forth above mould,

according to the Department,

contique to be investigated by vie

Secret Service under Iitle 18,

USC, $ 871.

c.

Rewards

Section 1751 (g) provides

¡or the attorney General to day an amount

not to enceed $100,000 for iatormation and services concerning a

violation of the statute.

any request for payment or consideration.

for payment of a reward shold be relerred to the Bureau immediately

by the most expeditious means.

5. Investigative procedure

a..

Bach

complaint shall receire immediate priority investigative attention

to expeditiously resolve

the situation and where

necessary to locate

and take

into custody those individuals who are in riolation of the

statute.

b.

It is imperative that there be no delay in the handling of any

complaints under this statute.

Each SaC will be held personally

responsible to insure that eacà complaini is thoroughly and vigorously

pursued.

It shall further je the personal responsibility of

SAC to insure Federal,

state, and local agencies are promptly

alerted where appropriate.

Upon receipt of

each complaint involving a possible violation oi

this statute, the field should

take aotion in accordance with the

following:

Immediately initiate intensive investigation utilizing all

available manpower where appropriate.

¿âvise the Bureau by telephone ci the lacts ol the complaint.

Telephonically notily the nearest oifice of the Secret service

visere appropriate adrise that

the FBI has initiated

investigation

of a possible viclation of Title 18,

$1751,

that the information is being nade available for whatever

action Secret Service jeems appropriate.

Ine zame of

individual to whom this information is furnished should be

obtained.

Sinilarly

the facts to any local, state, or Federal

agency having a legitinate interesi.

Set forth all leads

telephonically confirming each by teletype

¿o the Bureau and the autiliary cipice invoired.

Immediately

alteletype suiiable lor dissemination]

containing Lollowing:

Pull details

the complaini as iurnished the Bureau,

Secret Service,

and other agencies

Identity of Secret Service officer notified and date and

time of notification

Identity of other persons rotizied, together nith date and

time of notification

Identity of

ergloyee no furnished the information

HH 55010

DocId: 32989600 Page 103

3

7-13-70

---

## Page 104

134À

SECTION I34.

ASSAULIING ARE PRESIDINE OF THE UNITED SEATES AND

HAZATS AMINST THE PRESIDENT

THE UNITED STATES

c.

à.

e.

If.

Deleted

Deleted

Any question

respect to FBI investigative jurisdiction should

be resolved in

Paror

c? initiating immediate investigation.

As soon

as sufficient sacts are developed,

consult the USA in order

to determine it

the

facis

indicate a violation of the statute.

The

Bureau

should be telegronically advised of the USA's prosecutive

opinion in all instances.

The Bureau must be kept apprised of all developments as they

OCCUr.

Le der To toe costly be a violation of Title 1s do the 345.

(Federally Protected Activities) insofar as candidates

offices covered by Title 18,

USC, § 1?51 (Presidential Assassina-

tion Statute) are concerned.!

First degree murder -aximun lalathy minimum - life imprisonmont

(upon recommendation oe jury)

Second degree murder - maximum - 11fe; minimum - any term of years

(8 1111)

Voluntary nanslaughter - maximus - ter years (d 1112)

Involuntary manslaughter - maxinum - three years or $1,000, or

(₴ 2112)

e. Assault,

kidnaping, or attempt or conspire to kill or kidnap -

CLASSIFICATION - 175

statute above.

CHARACTER. - ASSAULTING,

ÄILLING, KIDNAPING (whichever appropriate)

THE PRESIDENT OR VICE PRESIDENT (whichever appropriate) OF THE

UNITED STATES

7-13-72

HH 55010

DocId: 32989600

Page

104

---

## Page 105

SECTION 134.

ASSAULIING DEB PRESIDENT CE THE UNITED STATES AND

TERRATS

AGATISI DEE PRISIDINT OF TRE UNITED STATES

134B

CHRIATS AGAINST TRE PRESIDENE OF DES JITED SILTES AND OTHER

PERSONS

PROTECTID BY THE SECRET SURVICE

1.

Dissemination of infornation re areais

Title 18, USC,

3056, lin pari authorizes the Secret Service,

subject to the

direction of the

secretary of the treasury, to protect the person

the President of the

U.S.,

àis immediate family,

President-alect,

the Vice Presidezi,

or other officer next in the order

of succession to the office o2

President, and the Vice-President-eloct,

together with a former President, a his request,

¿or a reasonable

period arter he leaves office.

Herefore, any iniormation indicating

the possibility of ao attempi agalist the

person or safety of the

President or the other persoss alcrementioned, must be referred

immediately in accordance mits the

2.

Furnish all lacis receires by bae most expeditious means o1 communication

(normally by telephone) to lie nearest office or the Secret service.

When the thread do in the Bors of

a mriiten communication, the original

the communication saoula be given

to Secret Service locally and two

copies suitable or laboratory comparison should be forwarded to the

Bureau, one copy for search by the

FBI laboratory and the other copy

b.

¿or secret service beadquarters in laszington.

similarly furnish the

jacis to any other local, state, or Federal

agency having a legitimate interest.

C.

Immediately prepare a teleiype suitable ior dissemination containing

following:

(1)

Full details o conplaint as furnished Secret Service and other

agencies

(2) Identity o Secret Serrica officer notilied and date and time oi

notification

(3) Identity

other persons sotilied, together with date and time

Identity of 13I enplojee ino iurnished information

Deleted

Deleted

Matters brought to Bureau's attestion under these instructions sioula be

under caption "Threat Against the aresideni" or "Threat Against the Vice

President," eto., as case Day be.

Do not ase form FD-376 in dissemination

of material discussed above.

=

MH 55010

DocId: 32989600

Page 105

---

## Page 106

•*; • 13÷3

SECTION I34.

ASSAULDING T2E PRESIDENT OF THE UNITED STATES AND

GREATS AGIST THE PROSIDENT OF THE UNITED STATES

2.

Other dissenination to Secret Service concerning security of the President

a. LAn agreement between

and U. S. Secret Service concerning

protective responsibilitles is set out In its entirety in

section 102,

volume IV, of this manual.]

Types of information

to be referred

Under this agreement the Bureau will disseminate information

to Secret Service falling within the following categories:

Information concerning attempts, threats, or conspiracies

to injure, kill, or kidnap

persons protected by Secret

Service or

Other U.S. or foreign officials in the U.S.

of abroad. ]

Information soncerning attempts or threats to redress a

grievance against any

public ollicial by other than legal

or attenjos

personally to contact such orricials

jor trat purpose.

Information concerning threatening, irrational or abusive

witten or orzl statements about U. S. Government

oraign officials.

Inforsation coacerning

civil disturbances, anti-u.S.

demonstratiors or inciients or demonstrations against

foreign diplomatic establishments.

I-zormation concerning illegal bombing or bomb-making;

concealment e caches i firearms,

explosives,

or other

inglements of var; or other terrorist

Inforsation concerning persons who defect or indicate

desire to select fron the United States and who

jenonstrate ine or more of the following characteristics:

Irrational or suicidal behavior or other emotional

instabizier.

Strong or violeri anti-u. S. sentiment.

A gropezsity tonari violence.

I-ornatio= concerning persons who may be considered

potentially sangerous to individuals protected by Secret.

Service because of their background or activities, in-

cading evice-ce of erotional instability or participation

is groups engaging in activitias inimical to the unitea

Ec-lowing inconation is to be turnished when available

concerning eaca iriividual or group being referred to Secret

Indivizual - Identification data including name or names,

address, paotograph (os statement as to availability of

such, physical description, date and place of birth,

employment, and marital status.

organization - Name

or names, address or addresses, officers,

size, purpose or goals of organization, source oi linancial

support, baccground date and such other relevant information

te arailable.

Reason feederal - statement of the class or classes

lof infornation described in Section IV B. of the agreement.

under which the individual or organization belongs.

Information in FBI Files - A summary, las appropriate,

I pertinent portions of any lBl file on an 1ndividua.

of organization

referred.

FBI Identification Records - Secret Service will make

specific requests in each instance where a check of the

FBI identification records is desired.

10-15-73

-NN 55010 DocId:32989600

Page 106

---

## Page 107

• *. • SECTION 134.

ASSAUT

NG THE PRESDENT OF SHE UNITED

AGAINST THE PRESIDONT OF THE

STATES AND

3D STATES

1348

[

Dissemination is to be in the corn of reports in the cases of

subjects of pending investigatire interest in which reports are

normally prepared.

One copy of each regort hencelort prepared

such cases should be disseminatei to Secret Service locally and

similar dissenination will be rade at the soG.

In these instances

extra copy

of the report sicula be designated for lie Bureau.

In instarces in which reports would not normally be submitiod,

letterhead memoranda may

be utilized in effecting dissemination

to secret Service.

Utilize 1o= =D-376 properly executed in making

dissemiration to Secret Service and fomara

rigiral and

form to Bureau with report

or letterhead menoranaum, a copy of

which has been disseminated locally.

Uvilize tie normal title and

character in cases of subjects oê

investigatire interest;

otherwise,

use the name of the sibject and the characier "protaction

of the President"

the transitial communication to the Bureau.

For specific instructions pertaizing to dissemization os information

to Secrei Service regardingladriristrative linder subjecis and

organizational reports, refer respectively to section 87, Tolume III, of

this manual.

In instarces in which information is now developed concerning

subjects of prior investigations hich brings these subjects mithin

the categories specified abore of interest to Secret Serrice, do not

disseminate prior reports in these cases.

lotterbead memorandum includir the current iniormation, together

with pertinent information pretiously developed, and nale dissemination

to Secret Servico locally.

Furnish copies to Bureai

for dissemination

at headquarters level.

Utilize form FD-376.

employment ocour in cases ci pending

investigative interest, advise Seoret Serrice locally

two copies of the letterhead remorandum to the Bureau or dissemination

to Secret Service headquarters.

Form ID-366 may be used for this

should contain a reference to the

previous communication disseminated to secret service.

instances in wich dissemination has been made

to secret Service and

the subjects thereof are not ca

pending intestigative interest, advise

Secret Service locally regardine

any change of

residence and employment

such information comes

to your attention.

e. ' Copies of

tne documents disserirated to secret Service in those

instances in which no main case file exists and the subjects

are not of pending investigatire interesi should be retained in a

I. (Doloted file in your office.

It is the responsibility of eaca SAC to insure that the above

instructions are administered with good judgment in each instance.

3. Responsibility re dissemination

All field and SOG Agent persozzel must be completely familiar with

the Bureau's policy and procecures covering the FBI's responsibilities

for dissemination of information to the Secret Sertice concerning the

President and other persons listed in item 1 above.

All field and SOG Agent persoare: musi be constantly alert to any and

all infermation coming to

their atteniion through their cases or

otherrise and insure

that appropriate action is taken to see that

same is promptly disseminated to Secret Service in accordance with

policy and procedures.

Resolie all doubts in fator of as

a dissemination polici as praciicable.

SACS and SOC division heads must pericaically

spot-check this matter

for proper handling and must remind Agent personnel periodically at

conferences of the policy and procedures concerning this matter.

NH 55010 DocId: 32989600 Page 107

7

1-13-72

---

## Page 108

SECTION 136. ANTIRIOT LAWS

136A

CA.

[

STATUTES

Title 18, USC, 8 245 (b) (3), chapter 102 (88 2101-2102), and chapter 12

(88 231-233), effective

4-11-68

1.

8 245 (b) (3)

a.

Elements •

1

During or incident to a riot or civil disorder

Use of force,

or threat

of force,

Willfully injure,

intimidate, or interfere with

5)

Any person engaged in a business affecting interstate

commerce

Or attempting, to perform the above acts

b.

Other provisions

(1)

Section 245 (a)(1) states the above provisions do not relieve

state and local authorities of their responsibility for pros-

ecuting under state and local laws; no Federal prosecution car

be undertaken unless the Attorney General or the Deputy Attorney

General certifies prosecution is in the public interest and is

2.

necessary to secure substantial justice.

Chapter 102 - $ 2101

a.

2

Interstate or foreign travel or

Use of the mail,

telegraph,

telephone, radio, television, or

any other facility of interstate or foreign commerce with intent

Incite a riot; or

Organize, promote, encourage, participate in, or carry on

a riot; or

Commit any act of violence in furtherance of a riot; or

Aid or abet any person in inciting or participating in

à riot and

(3)

Either during the course of such travel or use of such facility

or thereafter performs

or

attempts to perform any overt act

to incite or participate in a riot

b.

Definitions

(1)

Iitle 18, USC, 8 2102,

involving an

act

states that a riot is a public disturbance

of violence by one or more persons who are

part of an assemblage of three or more persons.

The requisite

act of violence includes a threat coupled with

the ability to

immediately execute the threat provided that the threatened

act would constitute a clear and present danger of property

damage or personal injury.

c.

Other provisions

(1)

Local prosecution is a bar to any Federal prosecution based upon

the same act or acts.

(2)

(3)

State

and local authorities are not relieved of their respon-

sibility to prosecute violations of state and local statutes.

When, in the opinion of the Attorney General, this chapter has

been violated, prosecution shall proceed

speedily as possible

or Congress shall be advised in writing of the reasons for not

proceeding.

3. Chapter 12 -8

231

a.

Elements

(1)

Teaching or demonstrating the use, application, or making of

any firearm or explosive or incendiary

device,

or technique

capable of causing personal injury or death, having reason to

know or intending that the same will be unlawfully used in

connection with a civil disorder which may in any way interfere

(2)

with commerce or with any federally protected function;

01

transporting or manufacturing for transportation in commerce

or explosive or incendiary device, having reason to

know or intending it will be used unlawfully in furtherance

#MORIG

ALL INFORMATION CONTAINED

ARE 301555F0

IN 55010 DocId:32989600 Page 108

1

6-10-68

---

## Page 109

+ 56017930

136A - C

SECTION 136. ANTIRIOT LAWS

b.

(3) Committing or attempting to commit any act to interfere with

any fireman or, law

enforcement officer engaged in performance

of his official duties in connection with and durine a civil

disorder which in any way interferes with commerce or with

_any federally protected function

Definitions

Title 18, USC, & 232, states that a civil disorder is any

public-disturbance involving aots of violence by assemblages

or more persons which causes immediate danger of or

results in property damage or personal injury.

Section 232 also states

that commerce means interstate or foreign

commerce or commerce wholly within the District of Columbia.

Other provisions

(1) An act performed by a law enforcement officer in the lawful

performance of his official duties is specifically excluded.

(2)

Federal jurisdiction shall not operate to the exclusion of

state or

local jurisdiction.

B. POLICY AND INVESTIGATIVE PROCEDURES

1.

Upon receipt of a complaint or information from any source not known

to be unreliable, a preliminary investigation is to be instituted

immediately, consisting of the following:

Interviews of complainant and up to

three available witnesses who

are reported to have firsthand information bearing on the alleged

violation.

Obtain signed statements.

Where a possible violation of state

or local law is indicated,

advise appropriate

the complaint

the cooperative facilities of

the FBI, including the Lab-

oratory, Identification Division, and coverage of out-of-state

Ascertain what action has been taken or is contemplated by

authorities; if they indicate

an unwillingness

inability

to investigate and/ or prosecute, obtain full details of reasons for

their inaction.

the matter with the USA to obtain his opinion as to what

further Federal action, if any, is warranted; however,

investigation is to be conducted without Bureau authority.

Submit report within five days of the receipt of the complaint.

2.

Advise Bureau immediately by teletype of receipt of all complaints

of the action being taken thereon.

Also, submit teletype

[

3.

4.

results of preliminary investigation promptly upon completion.

Copies of all communications prepared for dissemination should be

furnished to the USA.

Advise all persons interviewed the investigation is being conducted

at the specific request of

the U. S. Department of Justice.

C. MISCELLANEOUS

1. Interstate commerce as referred to in section 245 (b)(3) and chapter 102

does not include commerce wholly within the District of Columbia.

2.

The act of violence required to bring a public disturbance within the

definition of a riot under section 2101 of chapter 102 need only be

committed by one

However, violence necessary to bring a public

disturbance within the definition of a civil disorder under section 231

of chapter 12 must consist of such act or acts by more than one person.

3.

Section 245 (b) (3) does not apply to acts or omissions on the part of

Law enforcement officers, National Guardsmen, or members of the U.S.

armed forces engaged in

suppressing a riot or civil disturbance or

restoring law and order during a riot or civil disturbance.

However,

this does not preclude the

possibility of the presence of a violation of

some other Federal statute (such as Title 18, USO, $ 242) or a state

or local law.

HW 55010 DooId:32989600 Page 109

5-14-73

---

## Page 110

SECTION 136. ANTIRIOT LAWS

136D - F

ID. CLASSIFICATION - 176

LE. CHARACTER - ANTIRIOT LAWS

8 245 (b) (3) - $1,000 fine and/or one year's imprisonment; $10,000

fine and/or sten years' imprisonment if personal

imprisonment Ion any telen to meet me

Chapter 102

- ¿2101 - $10,000 fine and/or five years' imprisonment

231 - $10,000 fine and/or

imprisonment]

-

H₩ 55010

DocId: 32989600

Page

110

6-20-68

---

## Page 111

SECTION 144.

POLIOS ERELINGS

144A - F

A .

AUTORITY

By Presidential Jirective

dated 6/3171 the E3I will,

door the writter request

a local Cried ca Police or

aali corstituted lead

Local agency,

actively particinate in the investation co a police viire.

B.

The FBI will continue to maxe

available to local authoritias tie facilities

of our leboratory,

Identification

Sirision,

rational Crise Tracemation Center

(NCIC) and the covering of out-of-state lezis.

c.

INVESTIGATI:? PReCaDURES

Jach field dirision musi maintain ellectire liaisor mir all police

agencies minin its territory so that too mail be georptir actified

of the tillirg of a police officer.

the Bureau should be promptly advised by teletype in each police

killing regardless of

whether FBI assistance is requested.

teletype should include date, lime, location, identliving data

re victin, including name and address of next of kin and names anc

ages of victin's children, and detailed resume of attack.

Include

your recommendation as to

the Director's writing a personal letter

of condolence to the family of the officerlkilled in the line of dutyl

and/or furnish any information which would preclude such a letter.

The type of weapon used, circunstances involved, such as whether during

robbery, civil disorder, ambusn - assassination situation, traffic

violation, etc., should

be set forth. If extremist or sacial element

is present, such should be noted.

Priority investigative attention

should be afforded-each case where

assistance is requested

In wrlting.

Daily teletype suraries should

be submirted in those cases in which a iull investization 1s being

conducted by the FBI and all leads must be handled on an expedite

basis.

D.

For the purpose cê these investigations the term "lan erecreemert officer"

should be delined insofar

as possible as those indiviiners lealing in

policing activities such as

munional police cificers, state pclice:

and their deputies.

Frose inveire: in rotectire,

prosecutive or confinement activities sacula not be incities.

2. CLASSIFICATICN - 184

F. CHARACTER - POLICE

KILLINGS

#MORIG

ALL INFORMATION CONTAINED

HERE AS ALITaTE

1

2-13-75

HH 55010

DocId: 32989600

Page 111

---

## Page 112

SECTION 146.

PROTECTION OF FOREIGN OFFICIALS AND

OFFICIAL GUESTS OF THE UNITE

STATES

146A

LA.

BACKGROUND AND DEFINITIONS

1.

Background

The Act for the Protection of Foreign Officials and Official Guests of

the United States was signed into law on October 24, 1972, which provides

for the concurrent jurisdiction of the Federal Government

in the investiga-

tion of certain acts committed against foreign officials and official

guests as well as property occupied by foreign governments in this

In enacting this legislation, Congress recognized and reaffirmed

that police power to investigate, prosecute and punish common crimes such

as murder,

kidnaping

should remain with the states,

also noted that at times the commission of such crimes against

officials or official

guests may adversely affect or interfere with the

conduct of U. S. foreign affairs.

Therefore, Congress felt that the

Federal Government must have jurisdiction in

situations where international

repercussions may be felt or where the incident may have some affect on

U. So foreign relations.

The Department of Justice assigned investigative jurisdiction for this

Act in those cases in which the Federal Government has an interest to the

2.

FBI.

Definitions

a. Foreign Official

(1)

a Chief of State or political equivalent, President, Vice

President, Prime Minister, Ambassador, Foreign Minister, 01

other officer of cabinet rank or above of a foreign governmeni

of the chief executive officer of an international organization,

of any person who has previously served in such capacity, and

any member of his family while in the U. S.; and,

(2)

any person of a foreign nationality who is duly notified to the

U. So as an officer or employee of a foreign government or

international organization (i. e., the U. S. has been officially

informed of his position

and

same is on record with the Department

of State) and who is in the U.S. on official business, and any

member of his family whose presence in the U.S. is in connection

with the presence of such officer or employee.

b. Föreign Government

The government of a foreign country irrespective of recognition by

the U.S.

c. International Organization

A public international organization designated as such pursuant to

Section 1. of the International Organizations Immunities Act (T22,

do

Family

a spouse, parent, brother or sister, child or person to whom the

(2) loreten field bya in a parent a sia place tents), oF

e.

A citizen or national of a foreign country present in the U.S.

as an official guest of the U. S. Government and so designated by

the Secretary of State.

#MOR/6

ALI INFORMATION CONTAINED.

HEREIN IS UNCLASSIFLE

BAIG 122710O BY SP 2ALMATE

IN 55010 DocId:32989600 Page 112

6-13-73

---

## Page 113

114613 -

SECTION 146. PROTECTION OF FOREIGN OFFICIALS AND

OFFICIAL GUESTS OF THE UNITE STATES

B. STATUTES

Murder or Manslaughter of Foreign Officials and Official Guests anc

conspiracy to Murder (118, USC 88 1116 and 1117,

§ 1116.

Murder or Manslaughter of Foreign Officials or Official Guests

Whoever kills a foreign official or official guest shall be punished as

provided under T18, USC §§ 1111 and 1112, except that any such person

who is found guilty of murder in the first degree shall be sentenced to

imprisonment for life.

§ 1117. Conspiracy to Murder

118 one ene pete de can diest act to etfect the object ot

conspiracy,

each shall be punished by imprisonment for any term of

years or for life.

Kidnaping

(T18, USC § 1201)

Kidnaping

Nhoever unlawfully seizes, confines, inveigles, decoys, kidnaps,

abducts, or carries away

and holds for ransom or reward or otherwise

any person, except in the case of a minor by the parent thereof, shall

be punished by imprisonment for any term of years or for life, when

the person is a foreign official or official guest within those

definitions as stated in the Act.

or more persons conspire

to violate this section and one or

more of such persons do any overt act to effect the object of the

conspiracy, each shall be punished by imprisonment for any term of

years or for life.

Protection of Foreign Officials and Official Guests (T18, USC § 112)

§ 112.

Protection of Foreign Officials

and Official Guests

Whoever assaults, strikes, wounds, imprisons or offers violence to a

foreign official

or official guest shall be fined not more than

$5,000, or imprisoned not more than three years, or both. Whoever in

the commission of any such act uses a deadly or

dangerous weapon shall

be fined not more than $10,000, or imprisoned not more than ten

bo

years, or both.

Whoever willfully intimidates, coerces, threatens, or harasses a

toreign official or official

official in the performance of est, or willfully obstructs a foreign

duties, shall be fined not more

C.

Whom er within the snated Statere but utside the District of Columbia

Whoever within the United states, but outside the

and within 100 feet of any building or premises belonging to or used

or occupied by a foreign government or by a foreign official for

organization, or as

to or used or occupied by an international organization for

official business or residential purposes, publicly -

(1)

an europe of real or botan he in are been nce oping:

his duties, or

(2)

congregates with two or more other persons with the intent to

perform any of the aforesaid

acts or to violate (a) or (b) of

this section, shall be fined

not more than $500, or imprisoned

not more than six months, or both.

2

6-13-73

HH 55010 DooId:32989600 Page 113

---

## Page 114

SECTION 146.

PROTECTION OF FOREIGN OFFICIALS AND

OFFICIAL GUESTS OF THE UNITE

STATES

•I46B - C

Nothing contained in this section shall be construed or applied so

as to abridge the exercise of rights guaranteed under the First.

Amendment to the Constitution.

4.

Protection of Property of Foreign Governments and International Organiza~

tions (T18, ESC § 970)

§ 970. Protection of Property Occupied by Foreign Governments

Whoever willfully injures, damages, or destroys or attempts to injure,

damage, or destroy, any property, real or personal, located within the

U. so and belonging to or utilized or occupied by any foreign government

or international organization by a foreign official or official guest,

shall be fined not more than $10,000, or imprisoned not more than five

years, or both.

DEPARTMENTAL INTERPRETATION OF STATUTES

1.

§ 1116

Following the precedent of USC & 1114 (Protection of Officers and

Employees of the United States), the Act adds to T18 a new § 1116

relying on the definitions and penalties in I18, USC §§ 1111 and 1112,

except that punishment of first degree is mandatory life in prison.

The term "foreign official" includes two distinct categories. With

regard to the first group, such as Chiefs of State, the purpose of the

foreign official's presence in the U.S. is immaterial.

With regard to the second

group, that is "officials or employees of a

foreign government or international organization duly notified to the

United States," their coverage under the. Act requires they be foreign

nationals and

in the U. S. on official business• Such persons include

officials and employees of foreign governments at embassies, consulates,

missions and those employed at trade or commercial offices of foreign

governments.

2.

3.

The

family of a foreign official in this second category is included, but

unlike the first category, a family member's presence in the U. S.

must be in connection with the presence in the U.S. of the related

foreign official.

Coverage does not extend to the families of official guests unless the

family members are so designated in their own right by the Secretary of

State.

§ 1201

The act of kidnaping a foreign official or official guest is punishable

regard to interstate transportation of the victim. The permissible

punishment was reduced to imprisonment for any term of years of for

life, but no statutory proof of harm to the victim is required to support

any sentence which may be adjudged.

As amended by the Act, § 112 now includes assaulting, striking, wounding,

narass a foreign official or official guest or

foreign official in the performance of his duties. Protection against

HH 55010 DocId:32989600 Page 114

3

6-13-73

---

## Page 115

(146C

SECTION 146•

PROTECTION OF FOREIGN OFFICIALS AND

OFFICIAL GUESTS OF THE UNITY

STATES

obstruction extends only to foreign officials who are actually engaged in

the performance of

their duties at the time of the violation.

Although not all-inclusive, examples of violations would be:

a. Following the foreign official or official

guest about in a public

place after being requested not to do so;

bo

Engaging in a course of conduct, including the use of abusive language,

or repeatedly committing acts which alarm, intimidate, or persecute

foreign official or official guest and serve no legitimate purpose;

Communicating with the foreign official or official guest by anonymous

telephone calls, or otherwise, in a manner likely to cause annoyance

or alarm with no purpose of legitimate communication.

§ 112 (c) is intended to protect the peace, dignity and security

of foreign officials in their embassies

consulates, missions, residences,

and offices.

Note that premises of official guests are not covered

by § 112 (c).

§ 112 (c) does not apply at all to the District of Columbia wherein the

protected zone for both persons and premises begins at 500 feet.

• 112 (c) applies only to acts done publicly,

and specifically applies to

a person who parades, pickets, displays any flag, banner, sign, placard,

or utters

purpose of the conduct is to

tys to intimidate, coerce, or harass a foreigne

official or to obstruct him in the performance of his duties.

The terms used in § 112 (c) "purpose" and "intent" require proof that

the person or persons allegedly violating this section were knowledgeable

that the person or premises against which the alleged violation occurred

were covered under the Act. Requirement for proof of knowledge ordinarily

would be by putting violators on notice of the provisions of the Act.

This is in sharp contrast to all other punitive provisions in the Act.

where such knowledge by the person or persons perpetrating the crime is

immaterial. The fact that the person or premises is covered under the

Act, however, must. be alleged and proved in order to show FBI jurisdiction.

4.

D.

guests, trade and commercial offices of foreign governments, and premises

and property of international organizations, this section also covers

automobiles and other vehicles and personal

property, under requisite

ownership, use or possession.

Whether the property is used for official

or unofficial purposes is immaterial. Only property located within the

United States is covered.

PROTECTIVE RESPONSIBILITIES OF TREASURY DEPARTMENT

The Act does not limit or interfere with the power of the Secretary of

Treasury in the discharge of his statutory protective responsibilities.

Service may take such action as may be necessary to implement these responsi-

bilities.

However. the Secret Service shall advise the FBI of

the initiation of: ch action as soon as possible and the results

thereof.

HH 55010 DocId: 32989600 Page 115

4

6-13-73

---

## Page 116

SECTION 1

PROTECTION OF FOREIGN OFFICIATE AND

OFFICIAL' GUESTS OF THE UNITEL

FATES

146E - G

E.

DEPARTMENTAL POLICY

Subsequent to an alleged violation of the Act, U. S. Attorneys or their

Assistants will determine whether FBI investigation is warranted. Any

subsequent prosecution under the Act must receive the approval of the

Department of Justice, prior to the initiation of any proceedings.

INVESTIGATIVE PROCEDURES

1. Upon receipt of information indicating a violation or attempted violation

determine ronesty pet caranted. S. Attorney of an Assistant to

200

Advise FBIHQ by telephone or teletype details of alleged violation or

attempted violation together with U. S. Attorney's or Assistant's opinion

and specific investigative action being taken. Teletype should be in form

suitable for dissemination.

3.

Bureau authorization is not necessary prior to contacting a foreign

official, member of foreign official's family, official guest or persons

connected

with diplomatic establishment or international organization

when time is of the essence and good judgment dictates

that such a

contact is essential to the investigation or to determine if a possible

violation of the Act exists.

In the event time is not a factor expeditiously

advise the Bureau to facilitate notification of the Department of State

and hold contact in abeyance until authorized by Bureau.

4.

5.

Notify United States Secret Service locally•

If victim is not known to be covered under the Act, immediately furnish

sufficient descriptive information regarding victim to FBIHQ to enable such

determination.

6.

If violation or potential violation of the Act is discovered through

special coverage

Bureau, by whatever means necessary commensurate

with the seriousness of the crime, for a determination as to further action.

Do not present to U.S. Attorney or Assistant U. S. Attorney.

7.

If foreign official, member of official's family, official guest, or

person connected with ciplomatic or international organization 1s

uncooperative, furnish details to Bureau by teletype and advise U. S.

Attorney or his Assistant that details being furnished the Department.

8.

Honorary Consuls to be covered under the Act must be foreign nationals

duly notified to the U. S. and engaged in official business for the

government they represent at the time the alleged violation occurred.

9.

Property used or occupied by Honorary Consuls may or may not be covered

under & 970.

Determination will be made by U. S. Attorney or Department

of Justice on a case-by-case basis.

governed by such things as (1) primary purpose and use of office space,

2) extent of foreign government business conducted from the office and

(3) proprietary interest in office by foreign government, if

any.

IG.

FBIHQ SUPERVISION AND USE OF OFFICE CONTINGENCY PLAN

there is no indication of political consideration, subversion or terrorist

activity, and will

supervise all plane hijacking cases.

2 Intelligence Division will supervise all violations of the Act where

indications of political consideration, subversion or terrorist activity

exist, exclusive of plane hi jacking.

HH 55010 DocId: 32989600 Page 116

6-13-73

---

## Page 117

146G, - H .

SECTION 14

PROTECTION OF FOREIGN OFFICIAT

OFFICIAL GUESTS OF THE UNITED

AND

ATES

3.

In the event of a serious violation of the Act, information must be

telephoned to the appropriate Assistant Director of above-mentioned

appropriate Division.

4.

Ho

extension 4880.

ADMINISTRATIVE MATTERS

1.

Classification - 185

2.

Title - Set forth subject's name or description of activities involved.

3. Character - "Protection of Foreign Officials" (can be abbreviated as

followed by a term describing crime involved, followed by the

word "subversive" it there are indications of political considetations,

subversive or terrorist activity (except airplane hijacking). In the

absence of such indications, the word "Criminal" should be used.

Examples: PFO - Kidnaping - Subversive; PFO - Assault - Criminal. •

4.

Reporting procedures - Initial notification to Bureau by telephone or

teletype including fact that local authorities and U. S. Secret Service

have been advised.

If investigation initiated, keep Bureau advised by

telephone or teletvre of significant developments followed by report withir

14 days.

Seven copies of report should be submitted.

HH 55010 Do0Id:32989600 Page 117

6

3-13-75

---