104-10333-10013 | FOR OFFICIAL USE ONLY 11 May 1994 NOTE FOR THE FILE SUBJECT: JFK Board Clearances From) OSs: All board members but Graff cleared. Graff may be cleared by end of today. Briefing of board members: ~ CIA merely says yes or no Lo ~ 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 U7 '9S 11: 424 Pot CIT VISIT CERTIFICATION REQUEST COLLATERAL CLEARANCES Ber SCI ACCESSES ~ é Requester “Ic Ay phone "724-0088 Org fSa.s euakion: | (ae a ae PERSON(S) TO BE CERTIFIED: (Provide * for collateral requests only. Dates = Yr/Mo/Day) Name Sohei fal kopk F E exe borg sDate of birth {22 22 ~ oT 54] acest birth deb | #Clnc date/org O_-Jun- WS/ BI/Org oo - ~_/ ed Nane SSN _ Org ‘Date of birth  - - *Place of birth *Clinc date/oOrg. - - / #*DOBI/oOrg - ~ / Nane SSN Org *Date of birth -__ *Place of birth *Clnc date/org o-oo { *DOBI/Org = / CLNCS/ACCESSES REQUIRED: Site of visit Historic AL leyiew Ex rb, Date(s) of visit (From) Ob S$N 95° (To) SK Jun ie Point of contact Soh ‘al Pe CC ben, Phone ( )SSi/~ “ Purpose of visit coTR | | Agency business? Y N Received at CIT by Date
13-00000 7 : FOR OFFICIAL USE ONLY 16 May 1994 NOTE FOR THE FILE SUBJECT: JFK Board Clearances oS/Clearance Division (Edward) advised us today (16 May) that Board member Henry Graff has been cleared. This completes the clearances for Board members. Lig ee eee het. FES PE FOR OFFICIAL USE ONLY
13-00000 e. ow 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: Chief/Clearance Division, os. | 3Cleetance Divi site xX YICLA! a Tel: 703-482-5620) Sec Fax: 703-893-5235" Uncl Fax: (703 - -356- 6452) 2. | secure phone no: <anagy (mot 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. Aa cc: File Harrelson C/HR
10 February 1995 To: C/HRG Subject: PC Support for Assassination Record Review. Board (ARRB) Reviewers . Attached i __[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 #3 (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 Thomas J. Gunn Thomas E. Samo luk Sheryl Walter
13-00000) 4. 06 95 THE 16:44 EAN 2a T24 0457 ARRB oor ~* 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 Shycoft, 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 SSN Michelle Seguin, Analyst SSN The clearances are at the Top Secret level and have been passed for a period of 1 year. Additionally, Jeremy Gunn (SSN | 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. Teieptione: (202) 724-0088 8 Facsimile: (202) 724-0457
13-00000 “ FOR OFFICIAL USE ONLY 11 April 1995 NOTE FOR THE FILE SUBJECT: JFK Board/Security 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 Certification 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. from-Bob’s office did_the security survey at 600 *E” Street on 9 March 1995. can be reached through the Division’s front office (x43437/ secure, 703- 506- 7437 open). John Pereira cc: File a Harrelson ( RB C/HRG FOR OFFICIAL USE ONLY
13-00000 Te, ADMINISTRATIVE - INTERNAL USE ONLY NOTE FOR: J. Barry Harrelson @ DA DA | @oDA FROM: ohn fF. Pereira DATE: 05/01/95 04:33:53 PM SUBJECT: . JFK Board Staffer's Clearance Office of Personnel Security, CIB called te pass clearance of following JFK Beard Staffer: Manuel Legaspi (need.to check spelling) ce: ADMINISTRATIVE - INTERNAL USE ONLY
13-00000 Assassli nation Records Review Board 600 E Street NW = 2nd Floor = Washington, DC 20530 June 14, 1995 Mr. John Pereira Chief, Historical Review Group CIA Arlington, VA 22209 Sth: Dear Mr, Petéira: | 1820 North Fort Myers Drive 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 qr 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. avid G. Marwell Executive Director Telephone: (202) 724-0088 «= Facsimile: (202) 724-0457
13-00000 Mr. John Pereira June 14,1995 | . Page two (Ck Emp loyee . SSN. Date of Adjudication Laura A. Denk p 5/2/95 Philip D.Golrick 4/6/95 Manuel E. Legaspi | 5/2/95 ‘ Mary S. McAuliffe | 4/6/95 _ Eric N. Scheinkopf 6/6/95 Michelle M. Seguin 4/6/95 Robert J. Skwirot 5/23/95 Eileen A. Sullivan | i , 4/6/95 Kevin G. Tiernan | q 4/6/95 Joan G. Zimmerman 4/6/95
13-00000 Ub +e YO PRA UY.OL FAA SUE thd Uta ARKRD WE ow x _ Assassination Records Review Board 600 E Street NW = 2nd Floor = Washington, DC 20530 June 30, 1995 Mc. John Pereira. Chief, Historical Review Group 1820 North Fort Myers Drive Arlington, VA 22209 Dear Mr. Persasa: | have attached the second listof 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. avid G. Marwell Executive Director Telephone: (202) 724-0088 © Facsimile: (202) 724-0457
13-00Q09,,. ss PRE GM: Sb FAN 202 644 O45 ARBRE. te] dS Mc. John Pereira June 29, 1995 Page two Employee SSN Date of Adjudication Christopher M. Barger | 6/20/95 Joseph P. Freeman 4 6/20/95 Noelle C. Gray 6/20/95 Tammi S. Long 6/20/95 Charles-C. Rhodes y 6/20/95 Dennis J. Quinn 6/20/95 Valerie M. Sails 6/20/95
13-00000 Assassination Records Review Board 600 E Street NW - 2nd Fioor » 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, Petéira: Jol. As we previously discussed, please initiate the necessary action to grant the appropriate SCI clearances for Carolyn Carpenter, SsNU 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. Sin: ely, (vL__t David G. Marwell Executive Director Boarp Memeens: John R. Tunheim, Chair + Henry F. Graff + Kermit L. Hall « William L. Joyce « Anna K. Nelson Executive Director: David G. Marweil
13-00000 Te SECURE FACSIMILE TRANSMITTAL-FORM ENDING SECURE/FAX TELEPHONE NUMBER: —(703)- 351-2114 UECEIVING SECURE/FAX TELEPHONE NUMBER: 2 -&. Em Z “ol B&G. Yor {UMBER OF PAGES (Induding Transmittal Form and Coyersheet, if applicable) nom:__olhn (Ereia CSMKE [CST , . ame / Office / Extension ) . SUBJECT: _ a TO: €ADDRESSEE/ ORGANIZATION / OFFICE/ EXTENSION ) *\ ¢ ‘ - 4 _ OP RECEIVING STATION USE ON Please receipt for material by entering time of receipUsignature and transmit back lo sending station. DATE / TIME: _ SIGNATURE: _—FOUOG FORA ; iCLASSIFICA TION OF MATERIAL FR ANSSEPP TRI: 10-93 4aN3A
13-00000 FOR OFFICIAL USE ONLY 20 September 1995 MEMORANDUM FOR: Chief, Clearance Division FROM: John F. Pereira Chief, Historical Review Group SUBJECT: 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: (Curt talked with Marwell and set up procedures for sending clearances requests directly to Curt. fe iS;
13-0000Q, . 29°95 WED 11:31 FAX woe 724 0437 ARKD Assassination Records Review Board 600 E Street NW + 2nd Floor - Washington, DC 20530 . (202) 724-0088 +» Fax: (202) 724-0457 MEMORANDUM November 29, 1995 TO: Barry Harrelson, CLA Histoncal Review Group FROM: ‘Tracy Shycoff . Associate Director tor Administration and Deputy Security Officer SUBJECT: Passing Clearance i | I passed the clearance to the CIA Security Office on November 29, 1995, for the tolowing ARRB emplovee for the purpose of reviewing documents related to the JFK Assassination Records Collection Act held by the CIA: J oseph P. Freeman | ssN__ ; oni 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 Oftice at 703-482-7330. ee en A AR ear | Hoaro Memaras. Jono A (lunnein Chait + Henry ¢. Grate > Kermit &. Halls Wiiham lb Jayce - Ann3 K. Nelson ; Executive Ouectiua: David G. Marwell Aouz
13-00000 6 March 1996 AL ) DCI/Security, called today and stated that clearances were passed for Dennis Quinn, b-he is from the ARRB. He was granted TS clearance.
13-00000 JUL ib ‘vb WD> 144-44 Lin’ PUSLLIL Hr r HiibD . i | | i 18 July 1996 MEMORANDUM FOR: Chief/VAB/OS FROM: | ipltcCommunication Branch, Public Affairs Staff SUBJECT: | | Headquarters Visitors ~ | Presidential JFK Assassination Records i 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 vCcc at 09:45 for badging and parking directions. They will be met at the OHB lobby by q || 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 ja 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. Please add them to your visitors list for 22 July 1996. 5. FOR PROTECTIVE PROGRAMS GROUP. Please inform the 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 ef the vizit, please contact| on *¥51744) on the date of the visit, please direct anv questions or problems to the Public! Communications Branch on 482-0623.
13-00000 06/10/97 ‘LUE 11:21 FAA 202. MEMORANDUM June 10, 1997 724-0457 ARRB. ig vUZ Assassination Records Review Board 600 E Street NW « 2nd Floor « Washington, DC 20530 _ (202) 724-0088 - Fax: (202) 724-0457 | To: ——CIA Security Office From: Tracy Shycoff <> ‘Deputy Security Officer Subject: Passing Clearances Tam passing the clearance for the following ARRB.employee for the purpose of reviewing documents related to the JEK Assassination Records Collection Act held by the CIA: Douglas Horne a Place of Birth Oceanside, CA Clearance Granted 8/22/1995 The cleararice 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. | ~ |CIA Historical Review Group Boago Memaers: John R. Tunheim, Chair ° Hanry F. Graff + Kermit L. Hall » William L. Joyce « Anna K. Nelsen Executive Gimecron: David G. Marwell
13-00000 UNCLASSIFIED | 25 July 1997 MEMORANDUM FOR: J. Barry Harrelson FROM: John F. Pereira. OFFICE: DCICSIHRG SUBJECT: | 4 Assassination Records Review Board Visitors REFERENCE: | We alerted Eileen, Frank ~ 25 July 1997 MEMORANDUM FOR: | John F. Pereira FROM: ee OFFICE: DCIJAREA SECURITY OFFICER SUBJECT: | 4 Assassination Records Review Board Visitors REFERENCE: , __FYifRetention. CIB Compartmented Information Branch NOTE FOR: DATE: 07/24/97 03:50:32 PM SUBJECT: . 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 Shyceff TS Thomas Samoluk = SSN; ; David Marwell TS, Sl, TK, GAMMA) and BYE . Thomas Gunn TS, SI, TK, and BYE. a UNCLASSIFIED
13-00000 ood Assassination Records Review Board 600 E Street NW + 2nd Floor » Washington, DC 20530 (202) 724-0088 + Fax: (202) 724-0457 MEMORANDUM December 3, 1997 To: CIA Security Office From: Tracy Shycoff . SD Deputy Security’ ‘Officer Subject: Passing Clearanées Tam 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 DO 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, pledse call me at the number listed above. | ce: | CIA Historical Review Group | | | | | | | | | | | | | | — Bearp Memsens: John A. Tunheim, chhir « Henry F. Graff « Kermit L. Hall « William L. Joyeea » Anna K. Nelson Executive Dinscror: fT. Jeremy Guan - Bepury Beneeton: Thomas E. Sameluk | I
13-00000 declassification. 11 September 1998 - MEMORANDUM FOR: Jim Oliver C/HRG i } a Chief/Researc \ 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 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: €115436 } CL REASON: Section 1.5 C - DECL ON: X1 orv Fam: HUM.4-82 . | TO: _ James R: Oliver@DA FROM: }C- @ DCI OFFICE: EXDIR'STAFF . DATE: . 09/14/98 10:59:51 A SUBJECT: 4Re: Status of JFK Issues/ARRB Meetings Thanks for the update which | will pass on to the EXDIR. Which Agency staffers are the Board considering deposing? Are they considering deposing officials at other agencies? Ona related issue: On Friday, a ltold 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. 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 CL BYN0611637._ ( ; CL REASON: Section 1.5 C DECL ON: X17 pRv FRM: HUM 4-82 14 September 1998 SECRET
13-00000 ADMINISTRATIVE - INTERNAL USE ONLY From the Desk of R. Bruce Burke Associate Deputy General Counsel NOTE FoR: | . |@ DA FROM: R. Bruce Burke OFFICE: OFFICE OF GENERAL COUNSEL DATE: 09/17/98 08:59:36 PM SUBJECT: JFK Board Prepublication Review | Marne: My comments in bold ( although my computer quit bolding in paragraph 5). woes oN Bruce ae oe ATTORNEY/CLIENT COMMUNICATIONS / a 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 7 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 ares 4 ‘ - woe oo ee ee - - ~-- ADMINISTRATIVE - INTERNAL USE ONLY
13-00000 ADMINISTRATIVE - INTERNAL USE ONLY | | | | : cc: | k@ DA Sent on 17 September 1998 at 08:59:36 PM ADMINISTRATIVE - INTERNAL USE ONLY
13-00000 CONFIDENTIAL | NOTE FOR: | eve DCI FROM: . Bruce Burke OFFICE: OFFICE OF GENERAL COUNSEL DATE: 09/18/98 02:32:25 PM SUBJECT: READ IMMEDIATELY: JFK Board(Secrecy Agreements issue ae : es See ee ATTORNEY/CLIENT COMMUNICATIONS SF Alamona, The following represents a@ summary of where we currently stand regarding the issue of whether secrecy agreemenis 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 aiso 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. |n addition, \ we are altempiing to locate any secrecy agreements the Board staff signed to see if that leads us to any secrecy agreemenis the members may have signed. Ai 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. _! ee a 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 i issue as a group, the 23 September meeting will will be our last opportunity to do sof Otherwise we will-have to deal with each Board member and*~ ZA Staffer affer individually, if at all. Be fore considering the options set. forth below, itis worth noting that whatever unhappiness with our position concerning the final statement of compliance that we submitted to the Board. With that in mind, our options are: CONFIDENTIAL
13-00000 CONFIDENTIAL enters cpereetes ate, 1 EE Sao acai xe 23 September meeting. cc: ce: { None of the above options guarantee success. However, | have discussed these options with 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 Sent on 18 September 1998 at 04:31:51 PM CONFIDENTIAL ft
13-00000 ! CONFIDENTIAL | | CL BY:(0681401_7 CL REASON: Section 1.5 C | DECL ON: X1 orv Frm: COV 1-82 18 September 1998 MEMORANDUMFOR: James R. Oliver@DA FROM: | R. Bruce Burke @ DCI Associate Deputy General Counsel OFFICE: | OFFICE OF GENERAL COUNSEL SUBJECT: READ IMMEDIATELY: JFK Board Secrecy Agreements Issue _ REFERENCE: Note Appended Below Jim: Please read and let me know which option you prefer in light of my rewrite. Bruce Original Text of R. Bruce Burke Original Text of R. Bruce Burke I I CL BY:(6681401_) CL REASON: Section 1.56 i OECL ON: X1 ony Fru: COV 1-82 From the Desk of R. Bruce Burke Associate Deputy General Counsel L CONFIDENTIAL
13-00000 SECRET CL BY: 2115436 ; CL REASON: Section 1.56 DECL ON: X1 pav Fam: COV 2-87 TO: R. Bruce Burke@DCI FROM: | b- @ DCI OFFICE: EXDIR STAFF DATE: 09/21/98 05:44:25 PM SUBJECT: (UFK 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. — [| (Option &. 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.) ce: Dawn R. Eilenberger@ DCI, DCI, Robert J. Eatinger@ pel} 7 PDCI DA, Edmund Cohen@DA l@DA, Lee S. Strickliand@DA, James R. Oliver@DA, J. Barry Harelson@OCl| og — DA, pa DA Sent on 21 September 1998 at 05:44; SECRET
13-0000 p.11.1998 2: 41PM —NO.@2 PZ vA i (print full name), hereby agree to accept as @ prior condition of my being employed by, or otherwise reuined to a services for, the Central Intelligence Agency, or for staff elements of the {Director of Central Intelligence (hereinafter collectively referred to BE the ‘Central Intelligence Agency’’), the obligations | contained i in this agreement. ‘ 2. I understand that in the course of my employment or other service with the Central Intelligence Agency 1 may be | given access to information or material: that is classified or is in the process of a classification determination in accordance | lath the standards set forth in Executive Order 12958 as amended or superseded, or other applicable Executive order, that if \dis¢losed in an unauthorized manner would jeopardize intelligence nctivities 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 i in any form or-any,manneér,.t0 any person not authorized by the Central Intelligence Agency to receive it, any information or material in either of thefollowing 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 ar that] know/is Glassitied, b. information or material received or obtaihed in ae cotrse ff 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 autharities in the component or Directorate that employs me or has retained my services, or “with, thie Central Intelligence Agency's Publications Review Board if I am no longer employed by ox associated with the Agency, in order to ensure that I know: 1) whether information or material within my knowledge or conyél cael have reason to believe might be in either of the ies set forth in paragraph 3 is considered by the ntral | Intellige ney to fit in either of those categories! and, e Agency-_has authorized to receive such inf jon or-matérl : ce Agency, I here- s. Aa a firher Adijon 9 ie spécil,Gonfidence and trust reposed i jby agree to submit for ued i wpe nin any form, including a ork of fiction, which cont: nférmation or material that igh be based upon either GFihe es 1 baragranh 3, contempié scloging publicly or that I heve ctually prepared for public diSclosu, v7; Doe reo moe . Intelligence Agency or T any time thereafter, prior io disevisbing t with of ee trey oe pris not authorized totfave access to the categories. « forth in paragraph 3. I futther-agree isoward public disel ti] I have received written ermission to do so from ~ent 6. I unders ‘ that the(p tral Intelligence Agency an pportunity to d nf publicly containg any information material that, hive/agread n ae estand that she alee nail upon my subsiision and make a ponse to me withitt afm pea ingens seen mepee ce ftion on the basis that the informarionaefuaterial in ees public $0 UpOE,, nit A gitically identify such pources. My failie Scréfusd todo 80 ae fisd area in denial of pemmissicn’ to iy be al or othertvibe disclose the information or material in displte ie salad aqui pope EEE Millar _ Ut understand va a material that I may acquire in the: “oquyse of my emplo ie or other service with the Central Intelligeti “Kénc ara wicked oft of the categories set forth ; in paragraph 3 of this. Lesement are and will remain the property of the United ‘Statés oVverhment unless and until otherwise determined by an appropriate official or final ruling of a court of law. I agree to surrender anything constituting, containing of reflecting such information or material upon demiand 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 bedy, I shall observe all applicable rules or procedures for ensuring that such information and/or material is handled in a secure manner. - 9. [understand that nothing contained in this agreement prohibits me from reporting intelligence actlvities 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, o or to the Select Comminee 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 che Director of Central Intelligence. In making any report referred to in this paragraph, | 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 ety not constivun public disclosuns or declassification of that information or material. FORM amp. , GSSOLBTe PREVIOUS
13-00000 SEP.11.1998 2:43PM ; NO. @32 Pd a “910 inderstand 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. ll. [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 agreerpent 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, ! ae 15. These restrictions are consistent with and do not supersede conflict with or otherwise alter the employee obligations A ‘rights or Habilities 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 inembers|.of the Military); section 2302(b)(8) of title 5, United States Code, as amended by the . Whistleblower Protection Act (governing ‘disclosures of illegaliry, 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 (S0 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 US c., 421 ef 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 i Date |The execution of this agreement was witnessed by the undersigned, who accepted it on behalf of the Central Intelligence | Aeeney as a prior condition of the employment or other service of the person whose signature appears above. [TEES AND ACCEPTANCE: |