2000nA
104-10333-10013
2025 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992
FOR OFFICIAL USE ONLY
NOTE FOR THE FILE
SUBJECT:
JFK Board Clearances
11 May 1994
From Ed Howell, OS:
All board members but Graff cleared. Graff may be
cleared by end of today.
Briefing of board members:
-
CIA merely says yes or no
clearances are SI/TIK/GAMMA
office of Craig Livingston, White House could brief
the board.
Chuck Easley in Livingston's office could do
briefing. He is OPM staffer assigned to
White House.
FOR OFFICIAL USE ONLY
13-00000
JUN 07 '95 11:42AM
P.1
CIT VISIT CERTIFICATION REQUEST
COLLATERAL CLEARANCES AND/OR SCI ACCESSES
Requester Icacy
PERSON (5) TO BE CERTIFIED:
Phone 724-0088 org Assassination.
(Provide * for collateral requests only.
Name
Review and
Dates = Yr/Mo/Day)
Schein Kopf, E
ERIC
SSN 070-54-7711) org
*Date of birth (22-OCT-557 *Place of birth
*Cinc date/org 06-Jun-95.
By DoD
*DOBI/Org
Name
*Date of birth _
*Cinc date/org.
Name
*Date of birth
*Clnc date/Org
SSN
org
*Place of birth
*DOBI/Org
SSN
org
*Place of birth
*DOBI/Org
CLNCS/ACCESSES REQUIRED:
Site of visit
Historical Review GTD,
Date(s) of visit (From)
Olson 95 (TO) 5 Jun 96
Point of contact John Perrara Phone (
Purpose of visit
COTR
1351-2802
Agency business? Y N
Received at CIT by
Date
13-00000
FOR OFFICIAL USE ONLY
NOTE FOR THE FILE
SUBJECT:
JFK Board Clearances
16 May 1994
OS/Clearance Division (Edward) advised us today
(16 May) that Board member Henry Graff has been cleared.
This completes the clearances for Board members.
FOR OFFICIAL USE ONLY
P
13-00000
FOR OFFICIAL USE ONLY
27 October 1994
NOTE FOR THE FILE
SUBJECT:
JFK Board/Security Clearances
1. On 27 October, I called Terry O'Connor, FBI to
provide him with the following information that he had
requested.
The CIA contact person for receiving clearances
on staff members of the JFK Board is:
(Jeanette
mooxe
2.
Tim Bower, Chief/Clearance Division, OS.
Dale wanting clearance Division X 40620
Tel: 703-482-5620
Sec Fax: 703-893-5235
Uncl Fax: 703-356-6452
Bower's secure phone no: ×40197 (not passed to FBI).
3. O'Connor said that the FBI is processing clearances
for four members of the Board'staff. He also said that
David Marwell's clearances have been completed.
CC: File
Harrelson
Boyd
C/HRG
John Pereira
13-00000
To:
C/HRG
10 February 1995
Subject: PC Support for Assassination Record Review Board
(ARRB) Reviewers
Attached is Scott Nann's note on INFOSEC procedures.
It appears that the ARRB reviewers will be able to take lap-
tops in and out of the building as long as security
requirement for handling classified diskettes and Classified
PCs are met. HRG will have to maintain the proper logs and
forms.
I propose we implement Situation #33 (board reviewers
can carry their own SECRET Laptops daily in & out of the
building). Establishing procedures for a LOG and the Form
4261 should not be a problem. We will need 2 or 3 HRG
staffers with media badges to fill out the form 4261 or to
escort the Board reviewers out of the building.
13-00000
CERTIFICATION FOR 6 MARCH 1995
SI/TK/G&B
David Marwell
(080-30-7709
Thomas J. Gunn
(529-74-8907
Thomas E. Samoluk
(030-50-1292
Sheryl Walter
506-80-0934
13-0000004 06 95
THE 16:34 FAX 202 724 0457
ARRB
Assassination Records Review Board
600 E Street NW - 2nd Floor▪ Washington, DC 20530
MEMORANDUM
April 6, 1995
TO:
Barry Harrelson, CIA Historical Review
Group
FROM: Tracy Shycoff, Administrative Officer
SUBJECT: Clearances Passed to CIA
Clearances were passed to the CIA Security Office, on Thursday, April 6, 1995 for the
following ARRB employees:
Mary McAuliffe, Supervisor Analyst
Michelle Seguin, Analyst
SSN 366-44-4357
SSN 376-88-5236 /
The clearances are at the Top Secret level and have been passed for a period of 1
year.
Additionally, Jeremy Gunn (SSN(529-74-8907) previously had his clearance passed to
the CIA on January 18, 1995. If you need further information, please call me at the
number listed below.
Telephone: (202) 724-0088 ▪ Facsimile: (202) 724-0457
002
13-00000
FOR OFFICIAL USE ONLY
NOTE FOR THE FILE
SUBJECT:
JFK Board/Security
11 April 1995
1. On 11 April, I received a call from the Chief,
Domestic Programs Division, Office of Security Operations
((Bob McCants) on the status of the Board's request for
security čertification of their facility at 600 "E" Street.
2.
Room 2617 in the Board's office is approved for
storing classified materials. The entire space controlled
by the Board will be approved once all of the Board's staff
receives SCI clearances. Requests for SCI clearances should
be sent by the Board to HRG for forwarding to Director,
Office of Personnel Security.
3. Andrew Smith from Bob's office did the security
survey at 600 "E" Street on 9 March 1995. Smith can be
reached through the Division's front office (×43437/ secure,
703-506-7437 open).
Johe
CC: File
Harrelson
Boyd
C/HRG
John Pereira
FOR OFFICIAL USE ONLY
13-00000
NOTE FOR:
FROM:
DATE:
SUBJECT:
ADMINISTRATIVE - INTERNAL USE ONLY
J. Barry Harrelson @ DA
Gloria M. Boyd@DA
Barbara A. Standley @ DA
John F. Pereira
05/01/95 04:33:53 PM
. JFK Board Staffer's Clearance
Office of Personnel Security, CIB called to pass clearance of following JFK Board Staffer:
CC:
Manuel Legaspi (need to check spelling)
SS# 568-53-8907
ADMINISTRATIVE - INTERNAL USE ONLY
13-00000
Assassination Records Review Board
600 E Street NW = 2nd Floor = Washington, DC 20530
June 14, 1995
Mr. John Pereira
Chief, Historical Review Group
CIA
1820 North Fort Myers Drive
Arlington, VA 22209
John
Dear Mr. Pereira:
I have attached a list of ARRB employees who have been granted Top Secret clearances
based on SBIs conducted by the OPM/OFI. The ARRB received guidance from the
Department of Justice on the adjudication of the cases.
As we have discussed, I would like to request that the CIA take the necessary action to
grant appropriate SCI clearances to these employees.
If you require further information, please contact either me or Tracy Shycoff, our
Deputy Security Officer, at the number listed below. Thank you for your attention to
this matter.
Sincerely,
David G. Marwell
Executive Director
e
Telephone: (202) 724-0088 ▪ Facsimile: (202) 724-0457

13-00000
Mr. John Pereira
June 14, 1995
Page two
Employee
SSN
Date of Adjudication
Laura A. Denk
509-82-4982.
5/2/95
Philip D. Golrick
225-21-0020
4/6/95
Manuel E. Legaspi
568-53-8907
5/2/95
'
Mary S. McAuliffe
366-44-4357
4/6/95
Eric N. Scheinkopf
070-54-7711;
6/6/95
Michelle M. Seguin
376-88-5236
4/6/95
Robert J. Skwirot
209-50-4324
5/23/95
Eileen A. Sullivan
091-66-0890
4/6/95
Kevin G. Tiernan
230-08-5833
4/6/95
Joan G. Zimmerman
469-62-8398
4/6/95
13-00000
სს. ა0. ყა FKI 09.51 гa
202
12+ 0137
AKKD
Assassination Records Review Board
■ 2nd Floor▪ Washington, DC 20530
600 E Street NW
June 30, 1995
Mr. John Pereira
Chief, Historical Review Group
CLA
1820 North Fort Myers Drive
Arlington, VA 22209
eira
Dear Mr. Periera:
I have attached the second list of ARRB employees who have been granted Top Secret
clearances based on SBIs conducted by the OPM/OFI. As with the others, the ARRB
received guidance from the Department of Justice on the adjudication of the cases.
As we have discussed, I would like to request that the CLA take the necessary action to
grant appropriate SCI clearances to these employees.
If you require further information, please contact either me or Tracy Shycoff, our
Deputy Security Officer, at the number listed below. Thank you for your attention to
this matter.
Sincerely,
David G. Marwell
Executive Director
Л
Telephone: (202) 724-0088 ▪ Facsimile: (202) 724-0457
13-000090.95
FRI 09:51 FAX 202 724 0457
AKKB.
2003
Mr. John Pereira
June 29, 1995
Page two
Employee
SSN
Date of Adjudication
Christopher M. Barger
469-98-3261
6/20/95
Joseph P. Freeman
186-48-3000
6/20/95
Noelle C. Gray
217-88-4242
6/20/95
Tammi S. Long
249-21-0975
6/20/95
Charles C. Rhodes
575-94-4810
6/20/95
Dennis J. Quinn
146-68-1454
6/20/95
_
Valerie M. Sails
589-40-1874
6/20/95
13-00000
SSINATION
REVIEW
RECORDS
BOARD
Assassination Records Review Board
•
•
600 E Street NW 2nd Floor Washington, DC 20530
(202) 724-0088 • Fax: (202) 724-0457
September 19, 1995
Mr. John Pereira
Chief, Historical Review Group
CIA
1820 North Fort Myers Drive
Arlington, VA 22209
Dear Mr. Pereira:
John
As we previously discussed, please initiate the necessary action to grant the appropriate
SCI clearances for Carolyn Carpenter, SSN 538-46-7574. Ms. Carpenter's file was
reviewed by the Department of Justice Personnel Security Office. The DoJ
recommended granting a Top Secret clearance and postponing a decision on SCI
pending a CIA review for special exception to DCI Directive 114, paragraph 5C, due to
foreign in-laws.
As you may recall from our conversation, Ms. Carpenter is a former CIA employee. I
would like to request that the investigation for her SCI clearance be given careful
consideration. It is extremely important to the Review Board that our clearances meet
the highest standards of the agencies with which we have dealings.
The Review Board has informed Ms. Carpenter that her employment is contingent upon
receiving the appropriate clearances. Therefore, I respectfully request that her case be
given top priority. If you need further information, please contact either me or Tracy
Shycoff, our Deputy Security Officer. Thank you for your assistance in this matter.
Sincerely,
Siome
David G. Marwell
Executive Director
.
BOARD MEMBERS: John R. Tunheim, Chair Henry F. Graff • Kermit L. Hall • William L. Joyce Anna K. Nelson
EXECUTIVE DIRECTOR: David G. Marwell
13-00000
SECURE FACSIMILE TRANSMITTAL-FORM
CSI/HRG
Room 404
Ames Bldg.
ENDING SECURE/FAX TELEPHONE NUMBER: (703)-351-2114/-
9/20
DATE:
¿ECEIVING SECURE/FAX TELEPHONE NUMBER: 703-827-266-4
NUMBER OF PAGES (Including Transmittal Form and Coyersheet, if applicable)
FROM: John Pereira, C/HRG/CSI
(Name/Office/Extension)
SUBJECT: Clearance
TO: (ADDRESSEE / ORGANIZATION / OFFICE / EXTENSION )
3
: Jeanette Moore, C/Clearance X 40197.
3.
5.
6.
܂ܐ
3.
}.
10.
PECIAL INSTRUCTIONS. any questioge
X1303350. Thank 
you
?? Please call
RELEASING OFFICIAL Bachara Standley Barbare Standley
(PRINTED, NAME)
(SIGNATURE)
RECEIVING STATION USE ONLY
Please receipt for material by entering time of receipt/signature and transmit back to sending station.
DATE/TIME:
SIGNATURE:
FOUO
FORM
101-92
43834
¡CLASSIFICATION OF MATERIAL TRANSMITTEDE
13-00000
FOR OFFICIAL USE ONLY
20 September 1995
MEMORANDUM FOR:
Chief, Clearance Division
FROM:
John F. Pereira
SUBJECT:
Chief, Historical Review Group
Request from JFK Assassination
Records Review Board
1. The JFK Assassination Records Review Board has
requested that CIA grant an SCI clearance to a former Agency
employee, Carolyn Carpenter. She is being considered for
employment with the Board. The request is attached.
2. The Board's request notes that the Justice
Department raised a question about the existence of foreign
in-laws in Ms. Carpenter's case.
3. David Marwell, the Board's Executive Director, is
interested in knowing when a determination is likely to be
made on this request. Please let me know what response we
should give to Mr. Marwell.
John F.Pereira
13-00000
26 October 1995
As of now the person who is handling clearances for the
JFK Board is:
104
W. Curtis (Curt) Chaloner
X40335
Curt talked with Marwell and set up procedures for
sending clearances requests directly to Curt.
37
13-0000129.95
WED 11:31 FAX 202 724 0457
ARKD
VIEW
MEMORANDUM
November 29, 1995
Assassination Records Review Board
600 E Street NW 2nd Floor Washington, DC 20530
(202) 724-0088 - Fax: (202) 724-0457
•
•
TO:
FROM:
Barry Harrelson, CLA Historical Review
Group
Tracy Shycoff
Associate Director for Administration
and Deputy Security Officer
SUBJECT: Passing Clearance
I passed the clearance to the CIA Security Office on November 29, 1995, for the
following ARRB employee for the purpose of reviewing documents related to the JFK
Assassination Records Collection Act held by the CIA:
Joseph P. Freeman
SSN 186-48-3000
DOB 2/2/56
Place of Birth Pittsburgh, PA
Clearance Granted 6/20/95
The clearance is at the Top Secret level and has been passed for a period of 1 year. If
you need further information, please call me at the number listed above or contact
Mark in the CIA Security Office at 703-482-7330.
7002
BOARD MEMAras. John H. Junheim Chair Henry F. Gratt • Kermit L. Hall - William L Joyce Anna K. Nelson
EXECUTIVE DIRECTOR: David G. Marwell
13-00000
6 March 1996
Roger Martin, DCI/Security, called today and stated that
clearances were passed for Dennis Quinn, 146-68-1454--he is
from the ARRB. He was granted TS clearance.
13-00000
JUL 18 156 0514 CIH/PUBLIC HPPHIRS
18 July 1996
P.C
свому
MEMORANDUM FOR:
Chief/VAB/OS
FROM:
(Karen Gilbert
Staff
SUBJECT:
Public Communication Branch, Public Affairs
Headquarters Visitors
Presidential JFK Assassination Records
Review Board
1. On Monday July 22, 1996, seven members of the
Presidential JFK Assassination Records Review Board
(see attached sheet) will be visiting the Agency
from 10:00 am-12:00pm along with two members of the
Center for the Study of Intelligence.
2.
They will arrive in three personal cars. They have
been directed to arrive at the VCC at 09:45 for badging and
parking directions. They will be met at the OHB lobby by
( Karen Gilbert Public Liaison Officer, Public Communications
Office. They will be given a tour of the first floor of the
OHB and the Exhibit Center and then taken to the EAA Store.
Following this they will depart.
3. FOR SECURITY/ACCESS. Please notify the
Headquarters Receptionists and the Security Officers at the
Main Gate of the date and time of arrival. Please badge our
visitors with a Visitor Escort Required badges at the
Visitor Control Center and direct them to the old
Headquarters Building lobby entrance and to VIP parking.
4. FOR OFFICE OF MEDICAL SERVICES.
to your visitors list for 22 July 1996.
Please add them
Please inform the
5. FOR PROTECTIVE PROGRAMS GROUP.
Security Officers at the 123 Entrance that the cars will be
dropping off the group at the OHB lobby entrance and to
direct them to parking in the VIP lot.
6. If you have any further questions prior to the day
of the visit, please contact Karen Gilbert on x51744. On the
date of the visit, please direct any questions or problems
to the Public Communications Branch on 482-0623.
Karen Gilbert

13-00000
06/10/97 TUE 11:21 FAX 202 724 0457
ARRB
SINATION
RECORDS
EVISW
BOARD
MEMORANDUM
June 10, 1997
To:
CIA Security Office
From:
Tracy Shycoff
Deputy Security Officer
Subject:
Passing Clearances
Assassination Records Review Board
600 E Street NW - 2nd Floor - Washington, DC 20530
(202) 724-0088 - Fax: (202) 724–0457
B
I am passing the clearance for the following ARRB employee for the purpose of
reviewing documents related to the JFK Assassination Records Collection Act held by
the CIA:
Douglas Horne
SSN 285-54-3352/
DOB 5/19/52
Place of Birth Oceanside, CA
Clearance Granted 8/22/1995
The clearance is at the Top Secret level and is to be passed through September 20, 1997
to Mr. John Pereira, Chief of the CIA Historical Review Group at 703-613-1805. If you
need further information, please call me at the number listed above.
CC:
(Barbara Standley, CIA Historical Review Group
.
BOARD MEMBERS: John R. Tunheim, Chair Henry F. Graff Kermit L. Hall • William L. Joyce - Anna K. Nelson
EXECUTIVE DIRECTOR: David G. Marwell
2002
13-00000
UNCLASSIFIED
25 July 1997
MEMORANDUM FOR:
J. Barry Harrelson
FROM:
OFFICE:
SUBJECT:
John F. Pereira
DCI/CSI/HRG
4.Assassination Records Review Board Visitors
REFERENCE:
We alerted Eileen, Frank
25 July 1997
MEMORANDUM FOR:
John F. Pereira
FROM:
OFFICE:
SUBJECT:
REFERENCE:
Roger L. Martin
DCI/AREA SECURITY OFFICER
4 Assassination Records Review Board Visitors
FYI/Retention.
CIB
Compartmented Information Branch
NOTE FOR:
DATE:
SUBJECT:
Roger L. Martin
07/24/97 03:50:32 PM
4 Assassination Records Review Board Visitors
The following ARRB employees will be meeting John Pereira (703)613-1805 on 28 Jul 97 and until 01 Aug 97.
Tracy Shycoff
Thomas Samoluk SSN: 030 50 1292 TS
SSN: 033 42 2144 TS
David Marwell
Thomas Gunn
SSN: 080 38 700
SSN: 529 74 8907
TS, SI, TK, GAMMA) and BYE
TS, SI, TK, and BYE
UNCLASSIFIED
.
13-00000
REVIEW
RECORDS
BOARD
MEMORANDUM
Assassination Records Review Board
•
600 E Street NW - 2nd Floor Washington, DC 20530
(202) 724-0088 - Fax: (202) 724-0457
file
December 3, 1997
CIA Security Office
To:
From:
Tracy Shycoff
Deputy Security Officer
Subject:
Passing Clearances
I am passing the clearance for the following ARRB employee for the purpose of
reviewing documents related to the JFK Assassination Records Collection Act held by
the CIA:
Charles C. Rhodes
SSN 575-94-4810]
DOB 6/3/61
Place of Birth Schenectady, NY
Clearance Granted 6/20/1995
The clearance is at the Top Secret level and is to be passed through September 30, 1998
to Mr. John Pereira, Chief of the CIA Historical Review Group at 703-613-1805. Please
note that the CIA holds Mr. Rhodes' SCI clearance if it is needed by Mr. Pereira. If you
need further information, please call me at the number listed above.
CC:
Barbara Standley, CIA Historical Review Group
BOARD MEMBERS: John R. Tunheim, Chair - Henry F. Graff ▪ Kermit L. Hall - William L. Joyce Anna K. Nelson
EXECUTIVE DIRECTOR: T. Jeremy Gunn - Deputy DirectOR: Thomas E. Samoluk
13-00000
ASSASSINATION BOARD
FOR OFFICIAL USE ONLY
Address: 633 Indiana Ave., N.W.
Contacts
Space: GSA: Calvin Snowden
(202) 708-5702
CIA:
Patti Postel, os
x 43446
(703) [506-7446 (open)
Security
White House Office of General Counsel
Marvin Crisloff
Clearances CIA: (Ed Howell), os X40206
Board
Chairman
-
Jack Tunheim (612) 296-2351
FOR OFFICIAL USE ONLY
13-00000
MEMORANDUM FOR:
FROM:
Jim Oliver
C/HRG
Martha Lutz
Chief/Research
11 September 1998
SUBJECT:
Secrecy Agreements with Commission Members
1. At your request, PRD searched its files to find information on how secrecy
agreements have been handled vis a vis members of commissions dealing with
intelligence-related matters. There have been three instances of PRD interface with such
commissions. The first was in 1994 when the Joint Security Commission requested a
PRB review on its report on Counterintelligence and Security Policies, Procedures and
Practices in the CIA in the aftermath of the Ames affair. There is no mention of
Commission membership or secrecy agreements in our files, and, in fact, the Commission
report was finally and properly re-reviewed by a different entity for official
declassification.
2. PRB was also asked to review the final report of the Commission on the Roles
and Capabilities of the U.S. Intelligence Commission (Brown Commission) in 1996.
Again there is no record of secrecy agreements with Board members in our files.
3. Finally and most recently, the Rumsfeld Commission to Assess the Ballistic
Missile Threat to the United States was established in 1998, and its members signed
secrecy agreements. John Hedley, PRB Chair, spoke with the members in March,
explained pre-publication requirements and emphasized the Board's and staff's
willingness to provide guidance and prompt responses to Board members. Since that
time, four of the nine Commission members have submitted a total of 12 manuscripts for
review.
13-00000
SECRET
CL BY: 2115436
CL REASON: Section 1.5 C
DECL ON: X1
DRV FRM: HUM 4-82
Ramona G. Dunn-C- @ DCI
TO:
FROM:
OFFICE:
James R. Oliver @DA
DATE:
EXDIR STAFF
09/14/98 10:59:51 AM
SUBJECT: Re: Status of JFK Issues/ARRB Meetings
Jim:
Thanks for the update which I will pass on to the EXDIR. Which Agency staffers are the Board considering
deposing? Are they considering deposing officials at other agencies?
On a related issue: On Friday, Marty Boland told me that we (White House, FBI, OIM) can't find the
Board's secrecy agreements. Were they located over the weekend?. If not, the EXDIR requests that OIM
obtain new signed agreements as soon as possible.
Thanks.
Ramona
Original Text of James R. Oliver
Original Text of James R. Oliver
Dawn: Per our discussion this morning, attached is Barry's status report on the JFK Board actions. Jim O.
Original Text of J. Barry Harrelson
Original Text of J. Barry Harrelson
SECRET
CL BY: 0611637.
CL REASON: Section 1.5 C
DECL ON: X1
DRV FRM: HUM 4-82
14 September 1998
13-00000
NOTE FOR:
FROM:
OFFICE:
DATE:
SUBJECT:
Marne:
ADMINISTRATIVE - INTERNAL USE ONLY
From the Desk of R. Bruce Burke
Associate Deputy General Counsel
Marne Jensen-Kendrick @ DA
R. Bruce Burke
OFFICE OF GENERAL COUNSEL
09/17/98 08:59:36 PM
JFK Board Prepublication Review
My comments in bold ( although my computer quit bolding in paragraph 5).
Bruce
ATTORNEY/CLIENT COMMUNICATIONS
Ramona,
The following represents a summary of where we currently stand regarding the issue of
whether secrecy agreements were ever signed by the Assassination Records Review Board ("the
Board"), and offers options to address that issue. Thus far, CIA security officials have conducted
diligent searches, both internally and externally (FBI, White House), to locate any secrecy
agreements that members of the Board may have signed. Those searches have been unsuccessful -
to date, no secrecy agreements have been found. We now intend to search selected Agency
records systems to see if there exists any reference to, or indication of, particular secrecy
agreements that the Board members may have signed. We also will attempt to locate any secrecy
agreements the Board staff signed to see if that leads us to any secrecy agreements the members
may have signed. At this point, however, the likelihood that these actions will bear fruit are not
good.
Our primary goal in this situation is to preserve our prepublication review rights with respect
to future writings of the Board members, in order to prevent the inadvertent release of classified
information (since it is unlikely that any member of the Board would knowingly reveal classified
information). Before considering the options set forth below, it is worth noting that whatever
approach we take with the Board, we may encounter some hostility and resistance due to the
Board's unhappiness with our position concerning the final statement of compliance that we
submitted to the Board. With that in mind, our options are:
1. Do and say nothing, and hope that the Board members will voluntarily submit any future
writings for prepublication review.
2. Provide a generic security exit briefing for the Board which mentions their continuing
obligation not to reveal classified information in any way, without specifically mentioning
prepublication review, and again hope that they will voluntarily submit any future writings for
prepublication review.
3. Provide a specific security exit briefing for the Board which expressly mentions that they
have an obligation to submit for prepublication review any future writings they plan to publish
(related to their work as Board members) as part of their obligation to protect classified information,
ADMINISTRATIVE - INTERNAL USE ONLY
13-00000
ADMINISTRATIVE - INTERNAL USE ONLY
and hope the Board members do not ask for the source of this obligation (since we cannot provide
them with any signed secrecy agreements). In essence we bluff the Board. (**A variation of this
approach would be to have the Board execute an SCI debriefing statement, which includes a
prepublication clause, although it is limited to SCI material**)
4. Have the Board members sign secrecy agreements on the way out. This option would
be difficult to implement as there would be no incentive for a Board member to sign it (there exist
no sanctions for not signing), and it would be legally unenforceable (since the agreement would
provide a benefit to the Agency, but not to the Board members, and therefore would not contain the
legal consideration necessary to establish a binding contract). We would have to hope that the
question of enforceability issue is not raised - essentially, amounting to another bluff.
5. We can rely on language in the Snepp case, as interpreted by the Department of Justice
in the mid-1980's, that appears to permit the Agency to write a regulation that requires
prepublication review of the possibly classified writings of non-CIA personnel given access to CIA
information, to allow the DCI to protect intelligence sources and methods. The regulation would be
signed by the DCI, and then the Board would be briefed on their responsibilities and obligations
under the regulation.
CC:
Martin J. Boland @ DA
Sent on 17 September 1998 at 08:59:36 PM
ADMINISTRATIVE - INTERNAL USE ONLY
13-00000
CONFIDENTIAL
NOTE FOR:
FROM:
OFFICE:
DATE:
SUBJECT:
Ramona G. Dunn-C-@ DCI
R. Bruce Burke
OFFICE OF GENERAL COUNSEL
09/18/98 02:32:25 PM
READ IMMEDIATELY: JFK Board Secrecy Agreements Issue
ATTORNEY/CLIENT COMMUNICATIONS
Ramona,
The following represents a summary of where we currently stand regarding the issue of whether
secrecy agreements were ever signed by the Assassination Records Review Board ("the Board"), and
offers options to address that issue. Thus far, CIA security officials have conducted diligent searches, both
internally and externally (FBI, White House), to locate any secrecy agreements that members of the
Board may have signed. Those searches have been unsuccessful - to date, no secrecy agreements have
been found. We are also searching selected Agency records systems to see if there exists any reference
to, or indication of, particular secrecy agreements that the Board members may have signed. In addition,
we are attempting to locate any secrecy agreements the Board staff signed to see if that leads us to any
secrecy agreements the members may have signed. At this point, however, the likelihood that these
actions will bear fruit are not good. Moreover, this effort has been complicated by the fact that, at the
outset, the FBI was given responsibility for the security clearance process relating to the Board.
Our primary goal in this situation is to preserve our prepublication review rights with respect to
future writings of the Board members and staffers, in order to prevent the inadvertent release of classified
information (since it is unlikely that any member of the Board or its staff would knowingly reveal classified
information). The last meeting of the Board will take place on 23 September, and the Board will be out of
business as of 1 October. If we wish to address the Board on this issue as a group, the 23 September
meeting will be our last opportunity to do so. Otherwise we will have to deal with each Board member and
staffer individually, if at all. Before considering the options set forth below, it is worth noting that whatever
approach we take with the Board, we may encounter some hostility and resistance due to the Board's
unhappiness with our position concerning the final statement of compliance that we submitted to the
Board. With that in mind, our options are:
1. Do and say nothing, and hope that Board members and staffers will voluntarily submit any
future writings for prepublication review.
2. Provide a generic security exit briefing for the Board which mentions their continuing obligation
not to reveal classified information in any way, without specifically mentioning prepublication review, and
again hope that they will voluntarily submit any future writings for prepublication review. Board members
and staffers sign nothing.
3. Provide a generic security exit briefing for the Board which mentions their continuing obligation
not to reveal classified information in any way, and also makes available our prepublication review services
to assist them in this regard, if requested, with respect to any future writings (related to their work as Board
members or staffers). Board members and staffers sign nothing. The success of this option depends
upon the willingness of Board members and staffers to voluntarily submit any future writings for
prepublication review.
4. Provide a specific security exit briefing for the Board which expressly mentions that they have
an obligation to submit for prepublication review any future writings they plan to publish (related to their
work as Board members or staffers) as part of their obligation to protect classified information, and hope
the Board does not ask for the source of this obligation (since we cannot provide them with any signed
secrecy agreements). In essence, we bluff the Board. Board members and staffers sign nothing.
CONFIDENTIAL
13-00000
CONFIDENTIAL
5. In lieu of a security exit briefing, send each Board member and staffer a letter which expressly
mentions that they have an obligation to submit for prepublication review any future writings they plan to
publish (related to their work as Board members or staffers) as part of their obligation to protect classified
information. This approach would make it more inconvenient for the Board to probe for the source of this
obligation (which we would be unable to produce since we have not found any signed secrecy
agreements). Again, we bluff the Board. Board members and staffers sign nothing.
6. Ask Board members and staffers to sign secrecy agreements on their way out. This option
could be difficult to implement as there would be no incentive for a Board member to sign it (there exist no
sanctions for not signing), although Board staffers have indicated they would support this approach.
Generally speaking, a secrecy agreement signed on the eve of separation from government service would
be legally unenforceable (since the agreement would provide a benefit to the Agency, but not to Board
members or staffers, and therefore would not contain the legal consideration necessary to establish a
binding contract). However, in this case, if the agreement was modified to indicate that it merely reduced
to writing understandings which had been previously agreed to by the Board, we would have a strong
argument the agreement was legally binding. Of course, this option would alert the Board to the fact that
we do not have any secrecy agreements previously signed by the Board. Even if the Board agrees to sign
new secrecy agreements before they disband, nothing would preclude them from disputing the
enforceability of the agreements at a later date.
6. We can rely on language in the Snepp case, as interpreted by the Department of Justice in the
mid-1980's, that appears to permit the DCI to write a regulation to protect intelligence sources and
methods by requiring prepublication review of the possibly classified writings of non-CIA personnel who
have served in positions of special trust and have been given access to CIA information. The regulation
would be signed by the DCI, and promulgated immediately. Then the Board would be briefed on their
responsibilities and obligations under the regulation. Of course, nothing would preclude the Board from
disputing the validity of such a regulation at a later date.
None of the above options guarantee success. However, I have discussed these options with
Dawn Eilenberger, and we believe that Option #_ is the best approach to take. OIM concurs. Please let
me know how we should proceed, since our last chance to deal with the Board as a group will be at their
23 September meeting.
CC:
CC:
Sent on 18 September 1998 at 04:31:51 PM
CONFIDENTIAL
Bruce

13-00000
CONFIDENTIAL
CL BY:(0681401
CL REASON: Section 1.5 C
DECL ON: X1
DRV FRM: COV 1-82
18 September 1998
MEMORANDUM FOR:
James R. Oliver@DA
FROM:
OFFICE:
SUBJECT:
REFERENCE:
Jim:
R. Bruce Burke @ DCI
Associate Deputy General Counsel
OFFICE OF GENERAL COUNSEL
READ IMMEDIATELY: JFK Board Secrecy Agreements Issue
Note Appended Below
Please read and let me know which option you prefer in light of my rewrite.
Original Text of R. Bruce Burke
Original Text of R. Bruce Burke
Bruce
CL BY: 0681401
CL REASON: Section 1.5°C
DECL ON: X1
DRV FRM: COV 1-82
From the Desk of R. Bruce Burke
Associate Deputy General Counsel
CONFIDENTIAL
13-00000
SECRET
CL BY: 2115436
CL REASON: Section 1.5 C
DECL ON: X1
DRV FRM: COV 2-87
(Ramona G. Dunn-C- @ DCI
TO:
FROM:
OFFICE:
R. Bruce Burke@DCI
DATE:
EXDIR STAFF
09/21/98 05:44:25 PM
SUBJECT: JFK Board Secrecy Agreements Issue
Bruce:
The EXDIR concurs with the OGC recommended option (#5), provided that the letter is low-key and
stresses that the pre-publication review "obligation" is standard operating procedure. Additionally, he
requests the opportunity to view the letter in draft. Thanks.
Ramona
(Option 5. In lieu of a security exit briefing, send each Board member and staffer a letter which expressly
mentions that they have an obligation to submit for prepublication review any future writings they plan to
publish (related to their work as Board members or staffers) as part of their obligation to protect classified
information. This approach would make it more inconvenient for the Board to probe for the source of this
obligation (which we would be unable to produce since we have not found any signed secrecy
agreements). Again, we bluff the Board. Board members and staffers sign nothing.)
CC:
Dawn R. Eilenberger@DCI, (Valerie O. Patterson@DCI, Robert J. Eatinger@DCI, James
E. Archibald@DCI, Paul F. Morris @DA, Edmund Cohen @DA, Lanie P.
D'Alessandro@DA, Lee S. Strickland@DA, James R. Oliver@DA, J. Barry
Harrelson@DCI, Martin J. Boland@DA, Marne Jensen-Kendrick@DA
Sent on 21 September 1998 at 05:44:25 PM
SECRET
13-00000
SEP.11.1998 2:41PM
NO.032
P.2
士
SECRECY AGREEMENT
(print full name), hereby agree to accept as a prior condition of my
being employed by, or otherwise retained to perform services for, the Central Intelligence Agency, or for staff elements of the
Director of Central Intelligence (hereinafter collectively referred to as the "Central Intelligence Agency"), the obligations
contained in this agreement.
2. I understand that in the course of my employment or other service with the Central Intelligence Agency I may be
given access to information or material that is classified or is in the process of a classification determination in accordance
with the standards set forth in Executive Order 12958 as amended or superseded, or other applicable Executive order, that if
disclosed in an unauthorized manner would jeopardize intelligence activities of the United States Government. I accept that by
being granted access to such information or material I will be placed in a position of special confidence and trust and become
obligated to protect the information and/or material from unauthorized disclosure.
3. In consideration for being employed or otherwise retained to provide services to the Central Intelligence Agency, I
hereby agree that I will never disclose in any form or any manner, to any person not authorized by the Central Intelligence
Agency to receive it, any information or material in either of the following categories:
a. information or material received or obtained in the course of my employment or other service with the Central
Intelligence Agency that is marked as classified or that I know/is classified;
b. information or material received or obtained in the course of my employment or other service with the Central
Intelligence Agency that I know is in the process of a classification determination.
4. I understand that it is my responsibility to consult with appropriate management authorities in the component or
Directorate that employs me or has retained my services, or with, the Central Intelligence Agency's Publications Review Board
if I am no longer employed by or associated with the Agency, in order to ensure that I know: 1) whether information or material
within my knowledge or control that I have reason to believe might be in either of the categories set forth in paragraph 3 is
considered by the Central Intelligence Agency to fit in either of those categories; and, 2) whom the Agency has authorized to
receive such information or material
PL
5. As a further condition of the special confidence and trust reposed in me By the Central Intelligence Agency, I here-
by agree to submit for review by the Central Intelligence Agency any writing or other preparation in any form, including a
work of fiction, which contains any mention of intelligence data or activines, or contains any other information or material that
might be based upon either of the categories set forth in paragraph 3, that I contemplate disclosing publicly or that I have
actually prepared for public disclosure, either during my employment or other service with the Central Intelligence Agency or
at any time thereafter, prior to discussing it with or showing it to anyone who is not authorized to have access to the categories.
set forth in paragraph 3. I further agree that I will not take any steps toward public disclosure until I have received written
permission to do so from the Central Intelligence Agency.
•
6. I understand that the purpose of the review described in paragraph 5 is to give the Central Intelligence Agency an
opportunity to determine whether the faformation or material that I contemplate disclosing-publicly contains any information
or material that I have agreed not to disclose. I further understand that the agency will act upon my submission and make a
response to me within a reasonable time I further understand that if I dispute the Agency's initial determination on the basis
that the information of material in question derives from public sources. I may be called upon to specifically identify such
sources. My failine or refusal to do so may by itself result in denial of pennission to publish or otherwise disclose the information
or material in dispute
7. I understand that all information or material that I may acquire in the course of my employment or other service with
the Central Intelligence Agency that fits either of the categories set forth in paragraph 3 of this agreement are and will remain
the property of the United States Government, unless and until otherwise determined by an appropriate official or final ruling
of a court of law. I agree to surrender anything constituting, containing or reflecting such information or material upon demand
by an appropriate official of the Central Intelligence Agency, or upon the conclusion of my employment or other service with
the Central Intelligence Agency.
8. I agree to notify the Central Intelligence Agency immediately in the event that I am called upon by judicial or con-
gressional authorities, or by specially established investigatory bodies of the executive branch, to testify about, or provide, in-
formation or material that I have agreed herein not to disclose. In any communication with any such authority or body, I shall
observe all applicable rules or procedures for ensuring that such information and/or material is handled in a secure manner.
9. I understand that nothing contained in this agreement prohibits me from reporting intelligence activities that I con-
sider to be unlawful or improper directly to the Intelligence Oversight Board established by the President, or to any successor
body that the President may establish, or to the Select Committee on Intelligence of the House of Representatives or the Senate.
I recognize that there are also established procedures for bringing such matters to the attention of the Agency's Inspector
General or to the Director of Central Intelligence. In making any report referred to in this paragraph, I will observe all applicable
rules or procedures for ensuring the secure handling of any information or material that may be involved, I understand that
any such information or material continues to be subject to this agreement for all other purposes and that such reporting does
not constitute public disclosure or declassification of that information or material.
FORM
FORD
OBSOLETE PREVIOUS
13-00000
SEP.11.1998
2:43PM
NO.032
P.3
10. understand that any breach of this agreement by me may result in the Central Intelligence Agency taking admin-
istrative action against me, which can include temporary loss of pay or termination of my employment or other service with
the Central Intelligence Agency. I also understand that if I violate the terms of this agreement, the United States Government
may institute a civil proceeding to seek compensatory damages or other appropriate relief. Further, I understand that the
disclosure of information that I have agreed herein not to disclose can, in some circumstances, constitute a criminal offense.
11. I understand that the United States Government may, prior to any unauthorized disclosure that is threatened by me,
choose to apply to any appropriate court for an order enforcing this agreement. Nothing in this agreement constitutes a waiver
on the part of the United States to institute a civil or criminal proceeding for any breach of this agreement by me. Nothing in
this agreement constitutes a wavier on my part of any possible defenses I may have in connection with either civil or criminal
proceedings that may be brought against me.
12. In addition to any other remedy to which the United States Government may become entitled, I hereby assign to the
United States Government all rights, title, and interest in any and all royalties, remunerations, and emoluments that have resulted
or will result or may result from any divulgence, publication or revelation of information or material by me that is carried out
in breach of paragraph 5 of this agreement or that involves information or material prohibited from disclosure by the terms of
this agreement.
13. I understand and accept that, unless I am provided a written release from this agreement or any portion of it by the
Director of Central Intelligence or the Director's representative, all the conditions and obligations accepted by me in this agree-
ment apply both during my employment or other service with the Central Intelligence Agency, and at all times thereafter.
14. I understand that the purpose of this agreement is to implement the responsibilities of the Director of Central Intel-
ligence, particularly the responsibility to protect intelligence sources and methods, as specified in the National Security Act of
1947, as amended.
15. These restrictions are consistent with and do not supersede conflict with or otherwise alter the employee obligations
I rights or liabilities created by Executive Order 12958; section, 7211 of title 5, United States Code (governing disclosures to
Congress); section 1034 of title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing
disclosure to Congress. by members of the Military); section 2302(b)(8) of title 5, United States Code, as amended by the
Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the
"Intelligence Identities Protection Act of 1982 (50 U.S.C., 421 et seq.) (governing disclosures that could expose confidential
Government agents), and the statutes which protect against disclosure that may compromise the national security, including
section 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Act of 1950
(50 U.S.C. section 783(b)). The definitions, requirements, obligations, rights, sanctions and liabilities created by said Executive
Order and listed statutes are incorporated into this Agreement and are controlling.
16. I understand that nothing in this agreement limits or otherwise affects any provision of criminal or other law that
may be applicable to the unauthorized disclosure of classified information, including the espionage laws (sections 793, 794 and
798 of Title 18, United States Code) and the Intelligence Identities Protection Act of 1982 (P.L. 97-200; 50 U.S.C., 421 et
seq.).
17. Each of the numbered paragraphs and lettered subparagraphs of this agreement is severable. If a court should find
any of the paragraphs or subparagraphs of this agreement to be unenforceable, I understand that all remaining provisions will
continue in full force.
18. I make this agreement in good faith, and with no purpose of evasion.
19. This agreement shall be interpreted under and in conformance with the law of the United States.
Signature
Date
The execution of this agreement was witnessed by the undersigned, who accepted it on behalf of the Central Intelligence
Agency as a prior condition of the employment or other service of the person whose signature appears above.
WITNESS AND ACCEPTANCE:
Signature
Printed Name