PART I SECTION 1. CONDUCT AND ACTIVITIES OF EMPLOYEES business on Bureau premises at any time, whether during the (2) [Seeking of Other Full-Time Employment If it comes to the attention of supervisory personnel that an Active Participation in Military Reserve or National Guard Units According to Department of Defense directive 1200.7, heads of (1) Make determinations identifying key agency positions and key (2) Take the necessary action to assure that agency key employees Due to the key Federal employee status of Special Agents and certain Political Activities If In general, Bureau employees are prohibited from engaging in any form of B. C. Under the Subversive Activities Control Act of 1950, it is unlawful for: CONFIDENTIAL NATURE OF FBI OPERATIONS 1. 2. Employees must afford confidential orders involving special assignments Employees are required to keep strictly confidential all information 3. Employees are directed to refrain from expressing either orally or in 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 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 |