FD-291 (Rev. 11-1-73) . O ve EMPLOYMENT AGREEMENT As consideration for employment in the Federal Bureau of Investigation (FBI), United States Department of Justice, and as a condition for continued employment, I hereby declare that I-intend to be governed by and I will comply with the following provisions: (1) That I am hereby advised and I understand that Federal law such as Title 18, United States Code, Sections 793, 794, and 798; Order of the President of the United States (Executive.Order 11652); and regulations issued by the Attorney General of the United States (28 Code of Federal Regulations, Sections 16.21 through 16.26) prohibit loss, misuse, or un- authorized disclosure or production of national security information, other  , classified information and other nonclassified information in the files of the FBI; (2) I understand that unauthorized disclosure of information in the files of the FBI or information I may acquire as an employeé of the FBI could result in impairment of national security, place human life in jeopardy, or result in the denial of due process to a person or persons who are subjects of an FBI investigation, or prevent the FBI from effectively discharging its responsibilities. I understand the need for this secrecy agreement; there- fore, as consideration for employment I agree.that:I will never divulge, publish, or reveal either by word or conduct,.or by other means disclose to any unauthorized recipient without official written authorization by the Director of the FBI or his delegate, any information from the investigatory files of the FBI or any information relating to material contained in the files,. or disclose any information or produce any material acquired as a part of the performance of my official duties or because of my official status. The burden is on me to determine, prior to disclosure, whether information may be disclosed ‘and in this regard:I agree to:request approval of the Director of the FBI‘in.each ssuch instance by presenting the full text of: my proposed disclosure. in writing to ‘the Director of the FBI at least thirty. (30) days prior to disclosure.. I understand that this agreement is-not intended to apply to information which has been placed in the public domain or to prevent me from. writing or speaking about the FBI but it is intended to prevent disclosure of information where disclosure would be contrary to law, regulation or public policy. I agree the Director of the FBI is in‘a better position than I to make that determination; (3), I agree that all information acquired by me in connection with my official duties with the FBI and all official material'to which I have access remains the property of the United States‘ of America, ‘and I will surrender ‘upon demand by the Director of the FBI or his delegate, or.upon separation from the FBI, any material relating to such information or property in my possession; (4) That I understand unauthorized disclosure may be a violation of Federal law and prosecuted as a criminal offense and in addition to‘this agreement may be enforced by means of an injunction or other civil remedy. I accept the above provisions as conditions for my employment and continued employment in the FBI. I agree to comply with these provisions both during my employment in the FBI and following termination of such ‘employment. pesmi fate 1 | ; (Signature) 7 (Type or print name) ~ 3 Witnessed and 1 avodrted i in behalf of the Director, FBI, on ———. , by —_— 7 ae (Signature) 4 2989520 Page 76 _ ams ee a
MW 34997 Doold: 32989520 @ (Office of the Attorney General Washington, A. G. 20530 January 18, 1973 ORDER NQ.501-73 RULES AND REGULATIONS Title 28—JUDICIAL ADMINISTRATION Chapter I—Department of Justice (Order 501-73] PART 16—PRODUCTION OR DISCLO- SURE OF MATERIAL OR INFORMA- TION Subpart B—Production or Disclosure in Response to Subpenas or De- mands of Courts or Other Authori- ties This order delegates to certain De- partment of Justice officials the author- ity to approve the production or dis- closure of material or information con- tained in Department files, or informa- tion or material acquired by a person while employed by the Department. It appHes where a subpena, order or other demand of a court or other authority, such as an administrative agency, is is- sued for the production or disclosure of such information. By virtue of the-authority vested in me by 28 U.S.C, 509, 510, and 5 U.S.C. 301, Subpart B of Part 16 of Chapter I of Title 28, Code of Federal Regulations, is revised, and its provisions renumbered, to read as follows: Subpart B—Production or Disclosure in Response to Subpenas or Demands of Courts or Other Authorities Sec. 16.21 16.22 Purpose and scope. Production or disclosure prohibited ‘unless approved by appropriate De~ partment official. Procedure in the event of a demand for production or disclosure. Final action by the appropriate De- partment officlal or the Attorney General, Procedure where a Department deci- sion. concerning a demand is not made prior to the time a response to the demand 1s required. 6.26 Procedure in the event of an adverse ruling. on eTHoRITy: 28 U.S.C. 509, 510 and 5 U.S.C. 301. . 16.23 16.24 6.25 cubpart B—Production or Disclosure in Response to Subpenas or De- mands of Courts or Other Authori- ties $16.21 Purpose and scope. (a) This subpart sets forth the pro- cedures to be followed when a subpena, order, or other demand (hereinafter re- ‘erred to as a “demand”) of a court or Page 77 other authority is issued for the produc- tion -or disclosure of (1) any material contained in the files of the Department, (2) any information relating to material contained in the files of the Department, or (3) any information or material acquired by any person while such per- son was an employee of the Department as a part of the performance of His of- ficial duties or because of his official status. (b) For-purposes of this subpart, the term “employee of the Department” in~ cludes all officers and employees of the United States appointed by, or subject to the supervision, jurisdiction, or control of, the Attorney General of the United States, including U.S. attorneys, U.S. marshals, and members of the staffs of those officials. § 16.22 Production or disclosure prohib- ited unless approved by appropriate Department official. No employee or former employee of the Department of Justice shall, in response to a demand of: a court or other au- thority, produce any material contained in the files of the Department or disclose any information relating to material con- tained in the files of the Department, or disclose any information or produce any material acquired as part of the per- formance of his official duties or because of his official status without prior ap- proval of the appropriate Department of- ficial or the Attorney General in accord- ance with § 16.24. § 16.23 Procedure in the event of a de- mand for production or disclosure, (a) Whenever a ‘demand is made upon an employee or former employee of the Department for the production: of ma- terial- or the disclosure of information described in §16.21(a), he shall im- mediately notify the U.S. attorney for the district where the issuing authority is located. The U.S. attorney shall im- mediately request instructions from the appropriate Department official, as desig- nated in paragraph (b) of this section. (b) The Department officials author- ized to approve production or disclosure under this subpart are: (1) In the event that the case or other matter which gave rise to the demanded material or information is or, if closed, was within the cognizance of a division of the Department, the Assistant At- torney General in charge of that divi- sion. This authority may be redelegated to Deputy Assistant Attorneys General. (2) In instances of demands that are not covered by paragraph (b) (1) of this section:
i) The Director of the Federal Bu- reau of Investigation, if the demand is one made on an employee or former em- ployee of that Bureau for information or if the demand calls for the production of material from the files of that Bu- reau, and adi The Director of the ‘Bureau of Prisons, if the demand is one made on an employee or former employee of that Bureau for information or if the de- mand calls for the production of ma- terial from the files of that Bureau. (3) In instances of'demands that are -not covered by paragraph (b) (1) or (2) of this section, the Deputy Attorney General. (c) If oral testimony is sought by the demand, an affidavit, or, if that is not feasible, a statement by the party seek- ing the testimony or his attorney, setting forth a summary of the testimony de- sired, must be furnished for submission by the U.S. attorney to the appropriate: Department official. $16.24 Final action by the appropriate Department official or the Attorney Gencral. ‘ ~ (a) If the appropriate Department of- ficial, as designated in § 16.23(b), ap- proves a demand for the production of material or disclosure of information, he shall so notify the U.S. attorney and such other persons as circumstances may warrant. (b) If the appropriate Department official, as designated in § 16.23(b), decides not to approve a demand for the production of material or disclosure of information, he shall immediately refer the demand to the Attorney General for decision. Upon'such referral, the Attor- ney General shall make the final decision and give notice thereof to the U.S. attor- ney and such other persons as circum- stances may warrant. § 16.25 Procedure‘ where a Department ~~ decision concerning a demand is not made prior to the time a response to the demand is required. If response to the demand is:required before the instructions from the appro- priate Department official or the Attor- ney General are received, the U.S. attor- ney or other Department attorney des- ignated for the purpose shall appear with the employee or former employee of the Department upon whom the demand has been made, and shall furnish the court or other authority with a copy of the regulations contained in this subpart and inform the court or other authority that the demand has been, or is being, as the case may be, referred for the prompt consideration of the appropriate Department official and shall respect- fully request the court or authority to stay the demand pending receipt of the requested instructions, « NW 34957 Doold: 32939520 Page 75 § 16.26 Procedure in the event of an ad- verse ruling. If the court or other authority-declines to stay the ‘effect of the demand in re- «sponse to & request made in accordance with § 16.25 pending recelpt of instruc- tions, or if the court or other authority rules that the’ demand must be com- plied with irrespective of instructions not to produce the material or disclose the information sought, in accordance with § 16.24, the employee or former em-~ ployee upon whom the demand has been made shall respectfully decline to comply with the demand. “United States ex rel Touhy vy. Ragen,” 340 U.S. 462. Dated; January 11, 1973. RicHarD G. KLEINDIENST, Attorney General. [PR Doc.73-1071 Filed 1-17-73;8:45 am] ya
l— « ie OFFICE OF THE ATTORNEY GENERAL WASHINGTON, D. C. May 15, 1956 ORDER NO. 116-56 It is the policy of the Department of Justice to extend the fullest possible cooperation to congressional committees requesting information from departmental files, interviews with department employees, testimony of depart- ment personnel, or testimony of Federal prisoners. The following procedures are prescribed in order to effectuate this policy on a basis which will be mutually satisfactory to the congressional committees and to the Department. {This order supersedes the Deputy Attorney General's Memorandum No. 5, dated March 23, 1953, and his Memorandum No. 97, dated August 5, 1954. It formal- izes the Attorney General's press release of November 5, 1953, establishing procedures to permit committees of the Congress and their authorized repre~ sentatives to interview and to take sworn testimony from Federal prisoners. It supplements Order No. 3229 (Revised) dated January 13, 1953, and Order No. 3464, Supplement No. 4 (Revised) dated January 13, 1953 (with Memorandum of "Authorization Under Order No. 3464 Supplement No. 4 (Revised)" dated January 13, 1953), insofar as said orders have reference to procedures to be followed in the Department's relations with congressional committees. In support of this order, reference should be had to the President's letter dated May 17, 1954, addressed to the Secretary of Defense, and to the Attorney General's Memorandum which accompanied it. ] A. REQUESTS FOR INFORMATION FROM DEPARTMENT FILES 1. Congressional committee requests for the examination of files or other confidential information should be reduced to writing, signed by the chairman of the committee, and addressed to the Deputy Attorney General, who is responsible for the coordination of our liaison with Congress and congressional committees. The request shall state the specific information sought as well as the specific objective for which it is sought. The Deputy Attorney General will forward the request to the appropriate division where a reply will be prepared and returned for the Deputy Attorney General's signa- ture and dispatch to the chairman of the committee. 2. If the request concerns a closed case, i. e., one in which there is no litigation or administrative action pending or contemplated, the file may be made available for review in the Department, in the presence of the official or employee having custody thereof. The following procedure shall be followed in such cases: a. The reply letter will advise the committee that the file is available for examination and set forth the name, telephone extension number, and room number of the person who will have custody of the file to be reviewed; NW 34957 Doold: 32989520 Page 75
Q Oo -~D- b. Before making the file available to the committee representative all reports and memoranda from the FBI as well as investigative reports from any other agency, will be removed from the file and not be made available for examination; provided however that if the committee representative states that it is essential that information from the FBI reports and memoranda be made available, he will be advised that the request will be considered by the Department. Thereafter a summary of the contents of the FBI reports and memoranda involved will be prepared which will not disclose investigative tech- niques, the identity of confidential informants, or other. matters which might jeopardize the investigative operations of the FBI. This summary will be forwarded by the division to the FBI with a request for advice as to whether the FBI has any objection to examination of such sunmary by the committee representative. The file will not be physically relinquished from the custody of the Department. If the committee representative desires to’ examine investigative reports from other government agencies, contained in the files of the Department, he will be advised to direct his request to the agency whose reports are concerned. 3. If the request concerns an open case, i. e., one which liti- gation or administrative action is pending or contemplated, the file may not be made available for examination by the committee's representative. The following procedure shall be followed: a. The reply letter should advise the committee that its request concerns a case in which litigation or administrative action is pending or. contemplated, and state that the file cannot be made available until the case is completed; and b. Shovld briefly set forth the status of the case in -as much detail as is practicable and prudent without jeopardizing the pending contemplated litigation or administrative action. ‘ B. REQUESTS FOR INTERVIEWS WITH DEPARTMENTAL PERSONNEL 1. Requests for interviews with departmental personnel regarding any official matters within the Department should be reduced to writing, signed by the chairman of the committee, and addressed to the Deputy Attorney General. When the approval of the Deputy Attorney General is given, the employee is expected to discuss such matters freely and cooperatively with the representative, subject to the limitations prescribed in .A respecting open cases and data in investigative reports; NW 34997 Docld: 32959520 Page #0
-~ 3- 2. Upon the tbinpletion of the interview with the committee repre- sentative the employee will prepare a summary of it for the file, with a copy routed to his division head and a copy routed to the Deputy Attorney General. C. EMPLOYEES TESTIFYING BEFORE CONGRESSIONAL COMMITTEES 1. When an employee is requested to testify before a congressional committee regarding official matters within the Department the Deputy Attorney General shall be promptly informed. When the Deputy Attorney General's approv- al is given the employee is expected to testify freely subject to limitations prescribed in A respecting open cases and data in investigative reports; 2. An employee subpoenaed to testify before a congressional committee on official matters within the Department shall promptly notify the Deputy Attorney General. In general he shall be guided in testifying by Order 3229 (Revised) and the President's letter of May 17, 1954, cited at the beginning of this Order. 3. Upon the completion of his testimony the employee will prepare a@ memorandum outlining his testimony with a copy routed to his division head and a copy routed to the Deputy Attorney General. D. REQUESTS OF CONGRESSIONAL COMMITTEES FOR THE TESTIMONY OF FEDERAL PRISONERS Because of the custodial hazards involved and the extent to which their public testimony may affect the discipline and well-being of the institu- tion, it is the policy of the Department not to deliver Federal prisoners out- side the penal institution in which they are incarcerated for the purpose of being intervieved or examined under oath by--congressional committees. However,. when it appears that no pending investigation or legal proceeding will be adversely affected thereby and that the public interest will not be otherwise adversely affected, Federal prisoners may be interviewed or examined under oath by congressional committees in the institution in which they are incarcerated under the following procedures, and with the specific advance approval of the Deputy Attorney General. 1. Arrangements for interviewing and taking of sworn testimony from a Federal prisoner by a committee of the Congress or the authorized representatives of such a committee shall be made in the form of a written request by the chairman of the committee to the Deputy Attorney General. 2. Such written request shall be made at least ten (10) days prior to the requested date for the interview and the taking of testimony and shall be accompanied by written evidence that authorization for the interview or the taking of sworn testimony was approved by vote of the com- mittee. Such request shall contain a statement of the purpose and the sub- jects upon which the prisoner will be interrogated as well as the names of all persons other than the representatives of the Department of Justice who will be presente 3. A member of the interested committee of the Congress shall be present during the entire time of the interrogation. NW 54997 Docld: 32989520 Page 1
0 O oh ae 4, The warden of the penal institution in which the Federal prisoner is incarcerated shall, at least forty-eight (48) hours prior to the time at which the interview takes place, advise the Federal prisoner concerned of the proposed interview or talking of svorn testimony; and shall further advise that he is under the same, but no greater obligation to answer than any other witness who is not a prisoner. 5. The warden of the penal institution shall have complete authority in conformity with the requirements of security and the mainte- nance of discipline to limit the number of persons who will be present at the interview and taking of testimony. 6. The warden or his authorized representative shall be present at the interview and at the taking of testimony and the Department of Justice shell have the right to have one of its representatives present throughout the interview and taking of testimony. 7. The committee shall arrange to have a stenographic transcript made of the entire proceedings at committee expense and shall furnish a copy of the transcript to the Department of Justice. E. OBSERVERS IN ATTENDANCE AT COMMITTEE HEARINGS In order that the Department may be kept currently advised in matters within its responsibility, and in order that the Deputy Attorney General may properly coordinate the Department's liaison with Congress and its committees, each division that has an observer in attendance at a congrssional hearing, will have the observer prepare a written summary of the proceeding which should be sent to the division head and a copy routed to the Deputy Attorney General. /s/ Herbert Brownell, Jr. Attorney General Nw 349987 Doold: 32959520 Page @2
rrr etal lettin “NROSS WA CODE: 4:38PM NITEL 5-20-75 PAW TO ALL SACS — FROM DIRECTOR (62-116395) PERSONAL, ATTENTION SENSTUDY - 75. REBUTEL MAY 2, 1975. IN COWNECTION WITH WORK OF THE SENATE AND HOUSE SELECT COMMITTEES, ITS REPRESENTATIVES MAY CONTACT YOUR OFFICE FOR INFORMATION IN ONE RECENT INSTANCE, A REPRESENTATIVE OF THE SENATE SELECT COMMITTEE TELEPHONICALLY INQUIRED AS TO IDENTITY OF SAC IN A PARTICULAR OFFICE DURING 1970. “IN HANDLING SUCH INQUIRIES INSURE ESTABLISHING BONA FIDES OF REPRESENTATIVE BY’ SHOW OF’ CREDENTIALS ON PERSONAL CONTACT OR, IF TELEPHONIC CONTACT, BY TELEPHONING BACK 10 COMMITTEE. UNLESS INFORMATION IS OF A PUBLIC NATURE, AS IN THE INSTANCE CITED ABOVE, OBTAIN FBIH@ CLEARANCE PRIOR TO SUPPLYING ANY INFORMATION. FBIHQ MUST BE EXPEDITIOUSLY ADVISED OF ALL INFORMATION FURNISHED. END iV ia 294975 | — HOUSTON HW 54997 Doocld: 329699520 Page 83 '
“NROTA Wa ‘COvE 9:48PM NITEL 5-2-75 MSE ye TO ALL’ Sacs | | FROM DIRECTOR (62 116395) . SENSTUDY 73 . . CAPTIONED MATTER PERTAINS TO BUREAU'S HANDLING OF REQUESTS From s&naTE AND HOUSE SELECT COMMITTEES TO STUDY GOVERNMENTAL OPERATIONS: JITH RESPECT ‘TO INTELLIGENCE ACTIVITIES. ‘ IN GONNEC- TEOW wWiTH WORK OF THESE COMMITTEES, STAFF MEMBERS MAY SEEK TO INTERVIEW CURRENT AND FORMER FBI EMPLOYEES RECENTLY, THE SENATE SELECT COMMIDPEE (SSC) STAFF HAS ”. INTERVIEWED SEVERAL FORMER’ EMPLOYEES AND IT Is ANTICIPATED THAT HANY HORE SUCH PERSONNEL WILL BE CONTACTED. THE “FBI HAS. PLEDGED FULL COOPERATION. WITH THE COMMITTEE AND WE: WISH. TO ASSIST AND. FACILITATE ANY INVEST IG ATIONS UNDER- TAKEN BY THE COMMITTEE WITH RESPECT TO THE FBI. HOWEVER, WE DO HAVE AN OBLIGATION TO INSURE THAT SENSITIVE SOURCES AND - METHODS AND ‘ONGOING SENSITIVE INVESTIGATIONSQARE FULLY ge Fe Sf . Fal — HOUSTON F NW 54957 Dogid: 32985520
RE TO eM Lt - @ " 6 ’ PAGE TwO PROTECTED. SHOULD -ANY FORMER EMPLOYEE CONTACT YOUR OFFICE AND HAVE ANY QUESTION REGARDING HIS OBLIGATION NOT TO DIVULGE INFOR- MATION OBTAINED BY VIRTUE OF HIS PAST FBI EMPLOYMENT, HE SHOULD BE INSTRUCTED TO CONTACT LEGAL COUNSEL, FBIHQ, BY COLLECT CALL. YOUR CONVERSATIONS WITH FORMER EMPLOYEES MUST BE IN KEEPING WITH OUR PLEDGE. IT IS BELIEVED ‘SUCH A PROCEDURE WOULD INSURE PROPER PROTECT ION AND ALSO FACILITATE THE WORK OF THE. SSC. ° o . THE ABOVE PROCEDURE ALSQ APPLIES 70 CURRENT EMPLOYEES OF YOUR OFFICE. HOWEVER, CONTACT. vITH THE LEGAL COUNSEL SHOULD “BE HANDLED THROUGH THE SAC. END HAVE SOME BAD NEWS FOR YOU YOUR NR @@7 HAS LEAD FOR LEGAT “THEREFORE IT-HAS TO COME ON TAPE LINE 4287 PLEAS CHANGE ACK TO PAW FBIHQ FOR 312 16 AND 9 THREE TELS NW 64997, pRogigs 32999928, , Page 85
‘ * he ¢ Gg oe ppm OT pi as ~e + NRO74 WA CODE rs 9:48PM SETEL 5-82-75 MSE. soo! TO ALL Sacs FROM DIRECTOR (62-116395) PERSONAL ATTENTION —— SENSTUDY 75 pe a . CAPTIONED HATTER. PERTAINS, TO BUREAUS HANDLING: OF REQUESTS _ FROM SENATE AND HOUSE SELECT COMMITTEES TO STUDY GOVERNMENTAL "OPERATIONS WITH RESPECT TO INTELLIGENCE. ACTIVITIES. TN CONES TION WITH WORK OF THESE..COMMITTEES, STAFF MEMBERS MAY SEEK - TO. INTERVIEW CURRENT AND. FORMER :FBL. EMPLOYEES. | RECENTLY, THE SENATE..SELECT; COMMITTEE ¢SSC) STAFF HAS INTERVIEWED SEVERAL FORMER EMPLOYEES AND IT ts ANTICIPATED THAT MANY WORE SUCH PERSONNEL WILL BE COWTACTED. — THE FBi HAs. PLEDGED FULL COOPERATION WITH’ THE COMMITTEE ‘AND WE WISH TO ASSIST AND FACIL IFATE ANY INVESTIGATIONS UNDER= | TAKEN BY THE coMMaTTEE WITH RESPECT TO THE FBi, HOWEVER, we ° -DO HAVE AN OBLIGATION-TO INSURE nar. SENSITIVE SOURCES AND METHODS AND “ONGOING SENSITIVE IWVESTIGATIONS ARE FULLY -” ‘ SEARCHED 779 INDEXED senauizeef(PnpsD, . oe penne nett mana” a) yee? _Fal = “¢ NW 54997 DocId:32989520 Page 86 i ‘ ae” » ‘ ae an * $3 aN Mae atten Lb