Justice Department Internal Investigation Policies

PART I

SECTION 1. CONDUCT AND ACTIVITIES OF EMPLOYEES

business on Bureau premises at any time, whether during the
workday or on his own time before or after working hours or
during lunch or rest periods. In no case may Bureau premises
by used for storage or display of merchandise.

(2) [Seeking of Other Full-Time Employment

If it comes to the attention of supervisory personnel that an
employee is seeking other employment, the employee is to be
interviewed to determine the circumstances surrounding such action.
In the interest of good personnel management, the interview of the
employee should be conducted with the intention of reversing
unfavorable trends and correcting any problem areas should it
be evident that such is the case.]

Active Participation in Military Reserve or National Guard Units
(Ready Reserve Status)

According to Department of Defense directive 1200.7, heads of
Federal agencies should:

(1) Make determinations identifying key agency positions and key
personnel occupying such positions.

(2) Take the necessary action to assure that agency key employees
holding key positions are not permitted to hold conflicting
mobilization assignments with military Ready Reserve.
If
employees are permitted to hold conflicting mobilization
assignments, the agency's emergency operating capabilities
may be seriously eroded, which is contrary to the purpose
and intent of preparedness planning..

Due to the key Federal employee status of Special Agents and certain
clerical personnel, a request is made of the appropriate branch of
military, when such a position is reached, and when applicable,
that the key employee be reassigned from an active or ready reserve
to the Standby Reserve, or discharged from Reserve or National Guard
obligation. Due to availability requirements of Bureau Special
Agents and in order to permit adequate contingency planning in the
event of an emergency which might necessitate the mobilization of the
Ready Reserve Unit, Bureau policy precludes any Special Agent or
other designated key Federal employee from enlisting, reenlisting, or
reactivating into an active or Ready Reserve Unit without prior
Bureau approval.

Political Activities

In general, Bureau employees are prohibited from engaging in any form of
political activity except the right to vote. They should avoid any
undertakings which may have any tinge of a political nature or which
could be construed to indicate the FBI favors any political party.
any doubt exists, prior Bureau approval must be obtained. No advertise-
ments supporting any candidate for public office or for any unauthorized
purpose may be placed on official cars or Government property.

Under the Subversive Activities Control Act of 1950, it is unlawful for:
(a) any member of the Communist Party of the United States of America to
hold any nonelective office or employment under the U. S. or, in seeking,
accepting, or holding any nonelective office or employment under the
U. S., to conceal or fail to disclose the fact that he is a member of
such organization; (b) any officer or employee of the U. S. to contribute
funds, or services to the Communist Party, USA, or to advise, counsel, or
urge any person known to him to be a member of such organization to
perform or omit to perform any act if such act or omission would violate
any provision of the Subversive Activities Control Act of 1950; (c) any
Federal officer or employee to disclose classified security information to
an individual he knows or has reason to believe is a member of the
Communist Party, USA, is an offense punishable by fine of not more than
$10,000, imprisonment for not more than 10 years, or both. Upon convic-
tion of such offense, the officer or employee becomes thereafter ineligible
to hold any office or place of honor, profit or trust created by the
Constitution or laws of the U. S. (See also Bureau rule on disclosure of
information set out in Section 1, B, 2, below, and regulations set out in
Part II, Section 4M, [4i, ]of this manual on disclosure of classified
security information).

CONFIDENTIAL NATURE OF FBI OPERATIONS

Employees must afford confidential orders involving special assignments
and, in some instances, transfers appropriate secrecy in accordance with
the exigencies thereof. Should there be any doubt in these matters, the
advice of the SAC or ASAC should be sought.

Employees are required to keep strictly confidential all information
secured in their official capacity. Failure to abide by this provision
violates Department of Justice regulations and may violate certain
statutes providing severe penalties. (See also Section 1, item A, 2 and 5,
above and regulations set out in Part II, Section 4M,[4i, lof this manual
on disclosure of classified security information).

3. Employees are directed to refrain from expressing either orally or in
writing, except to official superiors, any opinion bearing upon the
efficiency or standing of former or present employees of the Bureau.
Individuals making these inquiries shall be advised of this rule and
referred to FBI Headquarters for such information; FBI Headquarters
should be apprised in advance, if possible, of any inquiries of this

nature.

PRIVACY ACT OF 1974

According to the Privacy Act of 1974, it is necessary for each agency that maintains a system of records to inform each individual whom it asks to supply information the authority which allows the solicitation of information, the purposes and uses to be made of that information, and the effects on that individual if he does not provide this information. Each applicant for employment with the FBI is furnished Form FD-481 which accompanies our Application for Employment. This form contains the FBI authority to conduct personnel investigations pursuant to Title 28, Part 0, subpart P, paragraph 0.85, Code of Federal Regulations, the reasons and uses of the solicitation of information which was to determine the suitability for employment, and willfully making a false statement or concealing a material fact would be the basis for dismissal if an applicant received an appointment. In addition to the above, each employee should be aware that he or she may be asked to furnish information concerning themselves by completing various forms during their tenure with the Bureau in order for the Bureau to carry out its many administrative duties and responsibilities.

All employees are expected to abide by the standards of conduct set forth in Departmental Order 350-65 and rules and regulations of the FBI pursuant

to the above-mentioned authority set forth in the Code of Federal Regulations.

1C - D

According to these regulations, investigations will be conducted in connection with violations of the standards which will include the interview of the employee involved. If an employee refuses to cooperate during an interview regarding work-related matters, that employee could be disciplined for insubordination. Should an employee decline to furnish information relating to other activities, he or she could be subjected to administrative action being taken without the benefit of having furnished a personal explanation. Administrative action will be based on the activity and not on employee's failure to provide an explanation. Failure by an employee to follow all regulations will result in appropriate disciplinary action including possible dismissal. The Privacy Act of 1974 sets forth the following provisions which you should be aware of regarding criminal penalties which may be imposed under certain circumstances: (i)(1) Criminal Penalties. Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.

(2) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection (e) (4) of this section shall be guilty of a misdemeanor and fined not more than $5,000. (3) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.

INTELLIGENCE OVERSIGHT BOARD

The President by Executive Order 11905 of February 18, 1976, established the Intelligence Oversight Board. The Board, composed of three members appointed by the President from outside the Government, is charged with reviewing activities of the Intelligence Community that raise questions of legality or propriety. The activities to be reviewed by the Board are those conducted by the Intelligence Community as part of Government business. With respect to the FBI, activities to be reviewed by the Board are those conducted under Section 4 of Executive Order 11905 relating to foreign intelligence and counterintelligence. In this regard, the Board will receive and consider reports from Inspectors General and General Counsels of the Intelligence Community concerning activities that raise questions of legality or propriety. In the FBI the Inspector General is the Assistant Director, [Planning and ]Inspection Division, and the General Counsel is the Assistant Director, Legal Counsel Division. It is important to emphasize that the Board is not to review illegal or improper personal activities of Government employees.

Pursuant to provisions of the Executive Order, each employee is instructed to cooperate fully with the Intelligence Oversight Board. Further, the Intelligence Oversight, Board has advised that the Executive Order does not explicitly establish a system by which employees of the Intelligence Community would report to the Board. The Board was not established as a substitute for the FBI's normal procedures for receiving complaints and allegations from employees. Nonetheless, the President has made it clear that he expects the Board to accept information from individual employees which falls within the Board's jurisdiction. Although the Board does not feel an obligation to investigate all allegations received, it will, as it deems appropriate, follow up on serious allegations received from employees bearing on activities conducted by the Intelligence Community as part of Government business. Accordingly, although only a fraction of the Bureau's work relates to foreign intelligence and counterintelligence, employees are advised that with respect to foreign intelligence and counterintelligence they do have the ability to report directly to the Board on matters coming within its purview.

APPENDIX 4.-SURVEY OF DEPARTMENTAL INTERNAL INSPECTION UNITS PREPARED BY INTERNAL AUDIT STAFF, OFFICE OF MANAGEMENT AND FINANCE, DEPARTMENT OF JUSTICE, JANUARY 1977