## Page 1

1104-10333-10013

2025 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992

FOR OFFICIAL USE ONLY

11 May 1994

NOTE FOR THE FILE

SUBJECT: JFK Board Clearances

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

---

## Page 2

13-00000

JUN D? "95

11:42H91

P.1

Requester IACy

CIT VISIT CERTIFICATION REQUEST

COLLATERAL CLEARANCES AND/OR SCI ACCESSES

o0a 124-0088 ors Assassinatión

Review red

PERSON (S) TO BE CERTIFIED:

(Provide » for collateral reguests only. Dates = Y5/Mo/Day)

mase Schein Kopf, E 86 5010-54-711 org

*Date of birth 22-out -551

*place of birth

*Cine date/Org Ob-Jun-45-

Name

*Date of birth

*cine date/org

SSN

*Place of birth

*DOBI/OIS

org

Name

*Date of birth

#CInc date/org

SSN

*Place of birth

*DOBI/Org

Org

CINCS/ ACCESSES REQUIRED:

Site of visit

Date(s) of visit (FION) -

O6SUn45 (TO SLinGie

point of contact Jeha Perrara phone ( 1351-280°=

Purpose of visit

COTR

Agency business? Y N

Received at CIT by

Date _

---

## Page 3

13-00000

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.

FOR OFFICIAL USE ONLY

---

## Page 4

13-00000

FOR OFFICIAL USE ONLY

27 October 1994

NOTE FOR THE FILE

SUBJECT: JFK Board/Security Clearances

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

Tim Bower, Chief/Clearance Division, OS

× 140620)

Tel: 703-482-5620

Sec Fax: 703-893-5235

Uncl Fax: 703-356-6452

2. Bower's secure phone no: x4019% (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.

Pereira

CC:

File

Harrelson

- Boyd

C/HRG

---

## Page 5

13-00000

. s

10 February 1995

To:

C/HRG

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 #3 (board reviewers

can carry their own SECRET Laptops daily in & out of the

building).

We will need 2 or 3 HRC

staffers with media badges to fill out the form 4261 or tc

escort

the Board reviewers

out of the building.

---

## Page 6

13-00000

CERTIFICATION FOR 6 MARCH 1995

David Marwell

Thomas J. Gunn

Thomas E. Samoluk

Sheryl Walter

(080-30-7709

(529-74-8907

(030-50-1292

506-80-0934

SI/TK/G&B

---

## Page 7

13-0000014 06 903

T16:3010 202 728

0157

1KK3

₫002

Assassination Records Review Board

600 E Street NW • 2nd Floor • Washington, DC 20530

MEMORANDUM

April 6, 1995

TO:

Barry Harrelsón, CIA Historical Review

Group

FROM:

Tracy Shycott, Administrative Officer

SUBJECT: Clearances Passed to CIA

Clearances were passed to the CIA Security Office, on Thursday, April 6, 1995 for the

following ARR& 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

Additionally, Jeremy Gunn (SSN(529-74-8907) previously had his clearance passed 1o

the CIA on January 18, 1995. If you need further information, please call me at the

number listed below.

Telephone: (202) 721-0088 • Facsimile: (202) 724-0457

---

## Page 8

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,

omestic Programs Division, Office of Security Operation

(Bob McCants) on the status of the Board's request fo:

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. /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 (x43437) secure,

703-506-7437 open).

Jahe

John Pereira

cc: File

Harrelson

Boyd

FOR

OFFICIAL USE ONLY

---

## Page 9

13-00000

ADMINISTRATIVE - INTERNAL USE ONLY

NOTE FOR:

FROM:

DATE:

SUBJECT:

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:

Manuel Legaspi (need to check spelling)

SS# 568-53.8907

CC:

ADMINISTRATIVE - INTERNAL USE ONLY

---

## Page 10

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

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

Telephone: (202) 724-0088 • Facsimile: (202) 724-0457

---

## Page 11

13-00000

Mr. John Pereira

June 14, 1995

Page two

Employee

SSN

Laura A. Denk

Philip D. Golrick

Manuel E. Legaspi

Mary S. McAuliffe

Eric N. Scheinkopf

Michelle M. Seguin

Robert J. Skwirot

Eileen A. Sullivan

Kevin G. Tiernan

Joan G. Zimmerman

509-82-4982

(225-21-0020

(568-53-8907

(366-14-4357

{070-54-7711}

4376-88-5236

<209-50-4324/

<091-66-0890

<230-08-5833)

469-62-83983

Date of Adjudication

5/2/95

4/6/95

5/2/95

4/6/95

6/6/95

4/6/95

5/23/95

4/6/95

4/6/95

4/6/95

---

## Page 12

13-00000

UU.JU.Jo

Assassination Records Review Board

600 E Street NW • 2nd Floor • Washington, DC 20530

June 30, 1995

Mr. John Pereira

Chief, Historical Review Group

CIA

1820 North Fort Myers Drive

Arlington, VA 22209

eira

Dear Mr. Persora:

I have attached the second list of ARB employees who have been granted Top Secret

clcarances bascd 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.

1s we have discussed, I would like to request that the CLA take the necessary action to

grant appropriate SCl clearances to these employees.

It you require further information, please contact either me or Tracy Shycoif, our.

Deputy Security Officer, at the number listed below. Thank you for your attention to

this matter.

Sincerely,

AGVL

David G. Marwell

Executive Direclor

Telephone: (202) 724-0088 • Facsimile: (202) 724-0457

---

## Page 13

13-00,00901:40

AKI 09:51

20d

it+ 0457

Mr. John Pereira

June 29, 1995

Page two

Employee

Christopher M. Barger

Joseph P. Freeman

Noelle C. Gray

Tammi S. Long

Charles C. Rhodes

Dennis J. Quinn

Valerie M. Sails

SSN

469-98-3261

186-48-3000

217-88-4242

249-21-0975.

575-91-4810

146-68-1454

589-40-1874

4J 1111.9

Date of Adjudication

6/20/95

6/20/95

6/20/95

6/20/95

6/20/95

6/20/95

6/20/95

---

## Page 14

13-00000

SNSSINATION

Assassination Records Review Board

600 E Street NW • 2nd Floor • Washington, DC 20530

(202) 724-0088 • Fax: (202) 724-0457

VIEW

BOARD

September 19, 1995

Mr. John Pereira

Chief, Historical Review Group

CIA

1820 North Fort Myers Drive

Arlington, VA 22209

3oks

Dear Mr, Pereira:

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

ecommended granung a lop secret clearance and

foreign in-laws.

As you may recall from our conversation, Ms. Carpenter is a former CIA employee. I

rould like to request that the investigation for her SCl clearance be given carefu

onsideration. It is extremely important to the Review Board that our clearances mee

the highest standards of the agencies with which we have dealings.

The Review Board has intormed 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,

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

---

## Page 15

13-00000

SECURE FACSIMILE TRANSMITTAL-FORM

CSI/HRG.

Room 404

DATE: .

91/20

Ames Bldg

ENDING SECURE/FAX TELEPHONE NUMBER: (703) - 351-2114/-

LECEIVING SECURERAX TELEPHONE NUMBER: 703-827-2664

YUMBER OF PAGES (Induding Transmittal Form and Coyersheet, if applicable)

3

ROM:_

daba lereira.

C/HRG/eSI

Name/ Ofice / Extension

UBJECT: Cleasance

ГО:

( ADDRESSEE / ORGANIZATION / OFFICE / EXTENSION.) .

i Jeanette Moore; C/Cleasaice X'40197)

8.

>.

3.

10.

SEA STRUCT. any questione"? Please call

RELEASING OFFICIAL Dark

(PRINTED,

bara Standley Bachare Handly

(SIGNATURE)

RECEIVING STATION USE ONLY

Please receipt for material by entering time of receipe/signature and transmit back to sending station.

DATE THE:

SIGNATURE:

FOUO

10-92

1.353:8

---

## Page 16

13-00000

FOR OFFICIAL USE ONLY

20 September 1995

MEMORANDUM FOR:

FROM:

SUBJECT:

Chief, Clearance Division

John F. Pereira

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

---

## Page 17

13-00000

26 October 1995

As of now the person who is handling clearances for the

JFK Board is:

W.

Curtis, (Curt.) Chaloner -

7403353

{Curt, talked with Marwell and set up procedures for

sending clearances requests directly to

Curt.

---

## Page 18

13-00009 1 29 95

WED 11:31 FAT CUE T21 015T

_ AKKB

Muu:

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 Historical Review

Group

FROM:

Tracy Shycoff

• Associati: Director for Administration

and Deputy Sccurity Officer

SUBJECT: l'assing Clearance

I passed the clearance to the CLA Security Office on November 29, 1995, for the

tollowing ARKB employer for the purpose of reviewing documents related to the JFK

Assassination Records Collection Act held by the CLA:

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 Oftice al 703-482-7330;

.."

----

HOAHO MIMATAS. JUNIN

lunneim Chair • Henryt. Grast• dermiL. Mall • Willar L Joyce • Anna K. Nelson

ExtEUIINA DIACIUM: David G. Marwoll

---

## Page 19

13-00000

6 March 1996

Roger Martin, DCI/Security, called today and stated that

clearances were passed for Dennis Quinn, (146-68-14543-he is

from the ARRB. He was granted TS clearance.

---

## Page 20

13-00000

JUL 18 • J0

00: 14M% LIHUBLIL HETHIRS

r.c

cBany

18 July 1996

MEMORANDUM FOR:

FROM:

Staff

Chief/VAB/OS

(Karen Gilbert)

-Public Communication Branch, Public Affairs

SUBJECT:

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.

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 OH lobby entrance and to

direct them to parking in the VIP lot.

If you have any further questions prior to the day

of the vijit, 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's

---

## Page 21

13-00000

06/10/97

TUE 11:21 FAX ZUZ 724 0457

AKKB

5g.

RECO.

Assassination Records Review Board

600 € Street NW • 2nd Floor - Washington, DC 20530

(202) 724-0088-Fax: (202) 724-0457

MEMORANDUM

June 10, 1997

To:

From:

CIA Security Office

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:

Douglas Horne

SSN 285-54.3352/

DOB 5/19/52

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.

CC:

Barbara Standley, CIA Historical Review Group

BoARo MeMBERs: John R. Tunheim, Chair • Henry F. Graff • Kermit L. Hall • William L. Joyce - Anna K. Nelson

EXECUTIVE DIRECTOR: David G. Marwell

---

## Page 22

13-00000

UNCLASSIFIED

25 July 1997

MEMORANDUM FOR:

FROM:

OFFICE:

SUBJECT:

REFERENCE:

J. Barry Harrelson

John F. Pereira:

DCI/CSI/HRG

4 Assassination Records Review Board Visitors

We alerted Eileen, Frank

25 July 1997

MEMORANDUM FOR:

FROM:

OFFICE:

SUBJECT:

REFERENCE:

John F. Pereira

(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

David Marwell

Thomas Gunn

SSN: 033 42 2144) TS

SSN: 030 50 1292/ TS

SSN: 080 38 700/ TS, SI, TK, GAMMA) and BYE.

SSN:(529 74 8907 TS, SI, TK, and BYE.

UNCLASSIFIED

---

## Page 23

13-00000

file

ASSIN

TION

Assassination Records Review Board

600 E Street NW • 2nd Floor • Washington, DC 20530

(202) 724-0088- Fax: (202) 724-0457

BOAR

MEMORANDUM

December 3, 1997

To:

CLA Security Office

From:

Subject:

Tracy Shycoff

Deputy Security Officer

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 6/3/613

Place of Birth Schenectady, NY

Cléarance 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

---

## Page 24

13;00000

FOR OFFICIAL USE ONLY

ASSASSINATION BOARD

Address: 633 Indiana Ave.,

N.W.

Contacts

Space:

GSA:

CIA:

Calvin Snowden

Patti Postel,

OS

(202) 708-5702

× 43446]

(703) [506-7446 (open)

Security

Clearances

White House Office of General Counsel

Marvin Crisloff

CIA: Ed Howell,

OS

[X40206}

Board

Chairman - Jack Tunheim

(612) 296-2351

FOR OFFICIAL USE ONLY

---

## Page 25

13-00000

11 September 1998

MEMORANDUM FOR:

FROM:

Jim Oliver

C/HRG

(Martha Lutz

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.

---

## Page 26

13-00000

SECRET

CL BY: 2115436)

CL REASON: Section 1.5 C

DECL ON: X1.

DRV FRM: HUM 4-82

TO:

James R. Oliver@DA

FROM:

OFFICE:

Ramona G. DunniC-@ DCI

EXDIR STAFF

DATE:

09/14/98 10:59:51 AM

SUBJECT: BiRe: 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 OlM

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

CL BY: 0611637:

CL REASON: Section 1.5 C

DECL ON: X1

DRV FRM: HUM 4-82

14 September 1998

SECRET

---

## Page 27

13-00000

ADMINISTRATIVE - INTERNAL USE ONLY

From the Desk of R. Bruce Burke

Associate Deputy General Counsel

NOTE FOR:

FROM:

OFFICE:

DATE:

SUBJECT:

Marne:

¿ 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 likelhood 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.

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

---

## Page 28

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 SCl debriefing statement, which includes a

prepublication clause, although it is limited to SCl 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

no Agency, but not to the in

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-ClA 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

---

## Page 29

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

neeting will be our last opportunity to do so. Otherwise we will have to deal with each Board member and"

stafter individually, it 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 brieting 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.

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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 esiablish 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 DC/ to write a regulation to protect intelligence sources and

methods by requiring prepublication review of the possibly classified writings of non-ClA personnel who

have served in positions of special trust and have been given access to CIA information. The regulation

would be signed by the DCl, 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. OlM concurs. Please let

me know höw we should proceed, since our last chance to deal with the Board as a group will be at their

23 September meeting.

Bruce

CC:

CC:

Sent on 18 September 1998 at 04:31:51 PM

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CL BY: 0681401

CL REASON: Section 1.5 C

DECL ON: X1

DRV FRM: COV 1-82

18 September 1998

MEMORANDUM FOR:

FROM:

OFFICE:

SUBJECT:

REFERENCE:

Jim:

James R. Oliver@DA

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.

Bruce

Original Text of R. Bruce Burke

Original Text of R. Bruce Burke

CL BY: (06814013

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

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SECRET

CL BY: 2115436)

CL REASON: Section 1.5 C

DECL ON: X1

DRV FRM: COV 2-87

TO:

FROM:

OFFICE:

DATE:

R. Bruce Burke@DCI

(Ramona G: Dunn-C-@ DCI

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 classifiea

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

CE. Archibald@DCI/Paul F. Morris@DA, Edmund Cohen@DA, Lanie P.7

4D 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

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SEP. 11.1998 2:41PM

NO. 032 P.2

SECRECY AGREEMENT

- (print full name), hareby agree io 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"), she obligacions

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 ser 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 Goverment. 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 províde services to the Central Intelligence Agency, I

hereby agree that I will never disclose in any form or-any,manner, to ziny 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 obrained 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 obtaited in the course of my employment of other service with the Central

Intelligence Agency that I know is in the processlof a classification determination.

4. I understand that it is my responsiblity to consule with appropriate management authrieles 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 of associated with the Agency, in order to ensure that I know: 1) whecher informadon or material

within my knowledge or control that have reason lo believe might be in either of the categories set forth in paragraph 3 is

considered by the Gentral Intelligence Agency to fir in elther of those categories; and, 2), gham the Agenoy has authorized to

receive such information or maten o

5. As & further condixion of the special confidence and trust reposed in

by agree to submit for review by-the Central ingiligence Agency any wrung brother preparation in any form, including a

work of fiction, which contains any mention of intelligence dars or activities, gr' containe any other information or meterial that

might be based upon either of the categories ser forth in paragraph. 3, Chet contemplate disclosing publicly or that I have

actually prepared for public disclosure, either during my emmloyment or other service with the Central Intelligence Agency or

at any time thereafter, prior to discussing it with or showing it lo anyone who's not authorized so tave access to the categories

set forth in paragraph 3. I further-agres-that/I will not take any steps toward public diseldsure until I have received written

permission to do so from the Central intelligence Agenci

6. I understand that the purpose of the review described in paragraph 5 isco

Central Intelligence Agency an

opportunity to deterine whether the formation or material that I contemplate disclosing-publicly contains any informarion

Ciagreed nor to disclose I fucher undertand thes the agency, win ice upon my submission and make a

response to me withira reasonable times further understand that if il dispute the Agency's initial determination on the basis

that the information

máterial in quentien derlyes froza public sources. I may be balled upon, do specifically identify such

sources. My failtre or

refusal to do so may bylitself resulr in denial of permission to publish or otherwise disclose the informatior

or material in dispute

7. I understand what.a

ormation or material that I may acquire in thecgurse of my employmept or other service with

the Central Intelligence Agency that fits either of the categories set forth in parägraph 3 of this agreement are and will remair

the property of the United States'Goverhment, unless and until otherwise determined by an appropriate official or final ruling

of a court of law. I agree to suitender anything constituting, containing of reflecting such information or material upon deniand

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 restify about or provide, in-

formation or material thar 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 of the Senate.

I recognize that there are also established procedures for bringing such matrers io the attention of the Agency's Inspector

General or to the Director of Central Intelligence. In making any report referred io in this paragraph, I will observe all applicable

rules or procedures for ensuring the secure handling of any information or material thai 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 constiture.public disclosurs or declassification of that information or material.

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2:43PM

N0.032 P.3

3110. Funderstand 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 Govemment

may institute a civil proceeding to seek compensatory damages or other appropriate relief. Further, I understand that the

disclosure of infonnation 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 agresment. 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 agroement by me. Nothing in

this agreement constitutes a wavier on my pan 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 of 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

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 Ac of 1982 (SO U.S.C., 421 et seg.) (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 Agrecment 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

seg.).

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

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