Memorandum from Attorney General Tom Clark to the Heads of All Departments and Independence Agencies of the Executive Branch

Filed by MR. DAWSON R DEPARTMENT OF JUSTICE 252-R MAY 31 1952 WASHINGTON 25, D. C. BARRY NATIONAL TRUMAN LIBRARY April 7, 1948 ARCHIVES AND RECORDS X285 TO THE HEADS OF ALL DEPARTMENTS AND INDEPENDENT AGENCIES OF THE EXECUTIVE BRANCH: In memorandum of October 7, 1947, I called attention to the fact that the Federal Bureau of Investigation has primary investigative juris- x10-13 diction of Section 9-A (61-I, Title 18, USC) of the Hatch Act. It is also pointed out that under the provisions of a presidential interpretation dated 30 October 1947 the Federal Bureau of Investigation has the responsibility of investigating all charges of disloyalty on the part of Federal employees x252 within the Executive Branch of the Government. The Federal Bureau of Investigation has sufficient investigative personnel under its direct supervision to carry out this responsibility in the continental United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands. However, it does not have personnel stationed in other areas of the world. Therefore, it has been necessary, in order that the Bureau may be enabled to carry out its responsibility, to arrange by agreement with the Departments and Agencies principally concerned for the delegation of the actual investigative work to certain other Departments of the Executive Branch in those areas where it has no investigative personnel. It is recognized that there are two major classes of loyalty investigation. The first is the routine loyalty check of applicants for classi- fied positions or of incumbents of such positions initiated in accord with Executive Order 9835. The second type is that in which doubt of loyalty of incumbents arises independently of the routine check. Procedures in regard to these two types must necessarily vary. I. Routine loyalty checks of employees stationed overseas. The Federal Bureau of Investigation will direct specific requests for the assistance of other agencies in handling the actual investigative work in accordance with the following principles: A. The Department of the Army, Navy or Air Force shall be requested to utilize its own facilities for the necessary investigation of any of its own civilian person- nel stationed outside the continental limits of the United States, Alaska, Hawaii, Puerto Rico and the Virgin Islands. The Federal Bureau of Investigation will continue to have the sole responsibility of conducting such investigation as is necessary within the continental limits of the United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands, bopy not filed 6/4/52.