From the Desk f NOTE FOR: BarryR.Gibson@ DO ti “SEK Act 6 (1) (A) @po-0—~S - JEK Act 6 (1) (B) FROM: _ | oEeCc DATE: 03/04/96 09:26:53 AM SUBJECT: JFK - Central Cover appeal The General Counsel and | met with the JFK Review Board on Friday and discussed, among other things, how to deal with the potential public release of the identities of former employees retired under cover. The Board clearly wants to do the right thing here, but they feel: they are not getting enough information to make that decision. Jeremy Gunn (JFK Board's General Counsel) will soon provided me with some of the Board's suggestions on how to deal with this which | will pass on to you (including how to deal with Whitten). ‘I would at the very least like to be able suggest that we attempt contact again (either through CIA or the Board) with those retirees who have not yet responded to our letter. Of course; any suggestions you have at this point will be extremely helpful. My sense is that this issue of protecting retirees is something everyone at CIA will want to appeal just on the principal of it, but that we should do everything possible to avoid an appeal. {Until we work out an agreement with the Board, you should continue to prepare that appeal you are drafting] in the meantime, can you please provided me the following figures: 1. The # of people we sent letters to regarding the potential Board releases. (isn't it 150?) and the following breakdown if available: , -# living abroad - # of those retired under cover vs. those whose cover has been rolled back or lifted - # of those who still work for us in covert/overt capacity 2. The # of responses we received to date. | 3. The # of responses to date requesting that we don't release. 4. ‘The # of responses to date saying that they didn't care. | realize you are all out of the office these days, but | would appreciate-getting this as soon as you can. Thanks. ce: J. Barry Harrelson ° Eleanor E. Neiman @ DO Frederick Wickham @ BO HW 55157 Docld:32404520 Page 11
HW 55157 8 March 1996 MEMORANDUM FOR: J. Barry Harellson John Pereira FROM: rs DCVOGCILD SUBJECT: JFK - March 18 Board Meeting REFERENCE: ADMINISTRATIVE - INTERNAL USE ONLY From the Desk of] NOTE FOR: j@ DCI @.0ci @ocl FROM: DATE: ~ 03/08/96 02:50:39 PM SUBJECT: JFK - March 18 Board Meeting | have been informed thaw be attending the next JFK Board meeting. his is the case, it would seem that Jeff should go as well. Twe issues need to be discussed with the Board: stations and cover employees. 1. Jeff and the Board agreed i in principal toa “window” in which all stations would be opened (1960: 64). Of course, if there are particular stations which need to be exempted from this the Board wil consider. it upon the presentation of substantive evidence. -HRG and the Board think this is a good idea that would enable them to avoid raising potential appeals every month ; needs to be signed onto this idea. - Jeff, last month, presented additional information. of et and Dave should be prepared to answer questions or provide more @ information so that the: Board will agree to protect these Stations. 2. _—«rThe Board recently released the names [for employees. An appeal is being prepared (or.so! am told). The thirty days runs on March 18. We need to finalize with the Board how to handle this issue. At the last meeting the Board agreed that this was a really important decision, but that they were not getting the information they need to make the right decision. At the last meeting, the Board intimated that they might be willing to delay: ‘this release, if CIA and the Board could come to a mutually agreeable way to deal with cover employees. | understood from Jeff that this is an issue that CIA will appeat on just the principal. If this is true, the Board should understand what our ultimate position is on’ this, but that we are willing to cooperate with them to find a suitable alternative (using pseudos or generic descriptions like “case officer") . 3 ! will be out all next week but Barry Harellson/HRG (30292) and John Pereira/C $I) (30373) will be happy to fill you in on the details. Barry will be contacting ext week to find out how the March 18 meeting will be handled, “Docld:3274045270 Page 12
‘MEMORANDUM FOR: HW 55157 FROM: SUBJECT: 29 July 1996 Chief Historical Review Group Fredrick C. Wickham, Jr. _ DO, Focal Point for ARRB Proposal for Dealing with Employees' Names 1. Cover mechanisms are an ‘integral part of conducting. — clandestine operations. We are concerned about individuals that continue to.be dependent on particular cover legends and on the organizations. that cooperatively work with us to provide those cover legends. The following proposal is offered to streamline the process of handling names and minimize the potential damage an inappropriate release could cause. A. Incomplete and Unidentifiable names: We will release the occurrence of a name when a common last name appears by itself of in conjunction with a common first name such that it does not tend to specifically identify the individual. We will release the occurrence of a name if it remains unidentified after a reasonable search is conducted. B.. Identifiable names for employees that retired overtly: In most cases, overt employees’ names will be released, but in some cases overt employees may have a portion of their employment remain under cover. Such cases will require the same review as that of an employee who remained under cover into retirement. Docld: 32404520 PayeMiiNTS ERATIVE... INTERNAL .USE-ONEY
HW 55157 SUBJECT: Proposal for Dealing with Employees' Names C. Identifiable names for employees that retired covertly: a. We will make a reasonable attempt to locate a current address and contact the person. If the person objects to the release of his or her name for reasons “associated with current life style issues, we will object to the release of the name. If the person does not have objections based upon personal circumstances we will review the name for organizational issues, r- (See para . C. c.) ‘ . . i b. If reasonable efforts fail to locate the current address, but it can be determined that the individual is still receiving a pension, insurance or other benefit based upon:cover legend, we will need to continue to protect the name since source of income or benefits can not be altered without prior notification to the individual. If we fail to identify a pension or other active benefit, we will review the name for organizational issues. (See para C. c.) c. We will make a.reasonable attempt. to review the name to look for identifiable harm to. the person’s safety, family, ongoing operational activities, national security or foreign relations. Assuming that none of the previous concerns are identified, we will review the potential damage to the cover mechanism or cover ‘ provider by the specific occurrence of the name if released. 2. Because families of deceased employees could be the beneficiary of pensions or insurance provided under the employees cover legend, we must review them the same as we would the’ employee. We also have second and third generation officers following in the footsteps of their parents that could be negatively impacted by the revelation.. 3. Our efforts to locate current addresses will include all internal record systems maintained by Office of Personnel Security, Retirement Branch and Insurance Branch. We will include a checklist reflecting completion of these searches 2 PBMENES FRAP TEN PERN AT USE ONLY DoclId:327404570 Page 14
HW 55157 SUBJECT: Proposal for Dealing with Employees' Names within the documentation when requesting continued protection of the name. 4. We considered options of contacting IRS or OPM during our attempts to locate current addressing information, but based upon the-fact that these offices would be unwitting of:the cover. arrangement for the individual, it was determined to be an unreasonable risk to the cover of these offi redrick C. Wickham, Jr. COMETS TRAD EVE INTERNAL —USE—-ONLY DoclId: 32404520 Page 15
SUBJECT: Proposal for Dealing with Employees' Names IMS/RPG Fwickham:mjk (29 July 1996) Distribution: Orig & 1'- Addressee ~ 1 = C/occ 1 - IMS/ESG/ALB 1 - IMS/ESG/IRB 1 - IMS/ESG/HCS 1 - IMS/ESG-OIT/MSG/RDP 1 ~, BSG Chrono 4 HW 55157 DocId:32404520 Page, 16. ep amr aie or.
Dec 6 Att, Bere oes CIA SPECIAL COLLECTIONS RELEASE IN FULL : 2000 11 February 1997 | MEMORANDUM FOR THE RECORD FROM: Gary M. Breneman, IC SUBJECT: Comparison of ARRB and DO Memoranda re Treatment of CIA Officer Names in JFK Collection 1. This memorandum is in response fo an assignment to compare a 20 March 1996 ARRB memorandum written by T. Jeremy Gunn and The Directorate of Operations response dated 20 July 1966, authored by Fredrick C. Wickham, dv. “Both deal with the treatment of CIA officer true names which appear in the JFK collection -- when they will be postponed and when they will be released. | | 2. First the ARRB Memorandum _ Gunn describes in legal terms. the Board! s position on the postponement (or release of CIA officers' true names. He makes a proffer which states _ that: there is. a presumption | ‘in. “favor of release akin to a legal, evidentuary fule which causés a burden to > shit to the other party (CIA) to prove something. In this” instance, it is factual evidence /proof sufficient to shift, ‘the burden not ‘only back to neutral but to the. other side of neutral which . permits postponement . 3. The Gunn memorandum then sets out the criteria required to meet the burden under several situations. HW 55157 Docld:32404520 Page 1?
HW 55157 _ A. For officers who are still alive he states that the proofs required to postpone release of a name are three in “number and all three must be met: i. The officer must be living outside of the U.S. OR, AND, di. (presumably a current staff officer, contract employee, or independent contractér) .-. Or is retired under cover; a —— iii. The officer objects to the release of his or COMMENT : Mr. Gunn! Ss criteria are a little confusing and reach beyond the Board's authority. o “First, note. again | that! the ‘three elements | are joined Py an 2 aN meahing all x element’ must be | met to satisfy a postponement . Second, the ‘first _ requirement of. living or traveling outside of the U.S. is not tied to cover. t Many officers who do not work under cover all of the time are, in fact, provided cover for. overseas TDY's ‘Thus, any officer. who might. # reasonably’ be expected to travel outside of the U.S. would warrant postponement of his true name. This would DocTd:32404520 Page 13
seem to include every CIA employee, contract employee and independent contractor past and present. With respect to the third element, Mr. Gunn and the Board are simply in error. To my knowledge they have no authority to require that an individual be consulted — concerning his or her wishes to maintain cover, thus having his or her true name postponed, or to give up his cover, _thus having the name released. “This decision does not lie a in the first instance with the individual but is an “institutional decision which lies solely within the purview of the Agency and the executive branch of the government. ' CIA as an executive agency charged with the creation, -. maintenance, and dissolution of cover mechanisms is the only entity competent to make such a decision. It alone knows if release. of an officer' s true name will compromise an existing cover mechanism which will, in turn, expose others “who. share | or have shared the same cover. It alone knows if ‘release’ of an officer! s name will expose CIA sponsorship (a  covér, entity) of-a . sensitive ‘activity. It alone knows if " felease of: an officer! s name will violate a promise of “eon identiality to a ‘commercial cover sponsor which could cause both embarrassment and possibly, financial hardship to _ tHé “sponsor and, in turn, substantially hinder the Agency's “ability to’ secure subsequent ‘commercial cover sponsors. . Turning next to the wishes of a particular officer (either current or retired) vis a vis staying with his or her cover, these thoughts come to mind. For current DocId:32404520 Page 19
HW 55157 employees, the decision is again not entirely theirs. If, after careful review, the Agency does not have a strong position on the employee maintaining the cover, the officer should be permitted to decide. He or she should be | counseled however, that an action to remove cover could have an adverse impact on future assignments or TDYs. With respect to retirees, if, after careful review, the Agency does not object to the removal from cover, the individual should be permitted to decide. Note, that the responses to this inquiry will be mixed. As a historical note, the Agency over the years has been on an ever-swinging pendulum with respect to $ cover into retirement ,# % cover for life,® etc. There will be officers who petitioned hard unsuccessfully to have their cover removed when they retired. and will gladly consent to lifting the cover. There will be _ those officers who do not want their cover lifted under any _ gtrcunstance. ‘By: way. of summary, it is CIA not the Board and not the \ “individual officer who makes the initial decision concérning the 1 maintenance or. lifting of cover. BL ‘Former officers, status unknown. While the "heading to ‘this section would seem to suggest the CIA does know the cover/non-cover status of some of its former officers, the section does not rally deal with this issue. ‘Rather, within the section, Mr. Gunn simply recognizes the fact the CIA may not be able to find all of its former officers to ask if they want to be opened up or remain under 7 DoclId: 32404520 Page 20
the orm for assistance. in this regard and; t cover. The test required by Mr. Gunn to satisfy the Board and thus continue postponement until 1 June of this year-is a % good faith showing that reasonable attempts¥ were made to locate the officer and failed. - . The section contains the additional provision which. advises the Board may continue a postponement beyond 1 June of this year (i.e., until 2010) if the CIA: provides the board with evidence which satisfies the criteria of either category 1 or category 3. Such # additional evidence% must be provided by 1 May 1977. The requirements or tests of this section for the Agency are not onerous but should be set-out as a series of uniform actions or check-off's taken in the attempt to locate each # current status unknown officer. The record of these actions: could then be presented to the ARRB .in support of a request for continued to postponement. The DO- Memorandum mentions of the possibility of. asking the IRS or his. ‘should probably, be. done: I ‘recall. however, that the Service will assist, through cleared contacts at the National Office, but only ‘to the extent of determining the whereabouts of the individual and then contacting him and “ask that he be in touch with his former employer. I have no current knowledge | of Cleared contacts at the OPM but they existed in the past \ and T. ‘assume they continue. C. Names having effect on current intelligence interests. The Gunn letter appears to subscribe a higher f W¥ 55157 ..DocTd:32404520 Page 21
level of concern to this section and its criteria than the previous two, not recognizing the plain fact that the ‘criteria of all three sections are inextricable. It sets out four separate criteria which, if CIA. satisfies its burden, i.e. provides sufficient evidence to prove any one of them, will operate to postpone a true name until the year 2010. Note again, the criteria required are four separate ones, each separated by a comma and between numbers 3 and 4 and “OR.” They are: | i. The officer must be currently engaged in clandestine activities; OR, ii. . The release of the officer's name. would compromise ongoing intelligence, operations or operations with current intelligence value. (presumably, the latter permits « a review into the ‘Sigicedg past activities, agent relationships, and cover Positions OR, 18 eEUe | name would (read broadly, this “provision would include, the ind idual, | former agents, ‘anyone “who shared. the same cover” ‘Or ‘cover position, i.e. a JFK Act 6 yg oo JEK Act 6 (1) (B), | ous av. .  sigrlificant harm to the national security or the foreign relations of the U.S. (a criteria which is broad enough to drive the proverbial Mack truck through) . HW 55157, Docld:32404520 Page 22