Transcript of 104-10333-10013.pdf

================================================== Page 1 ================================================== Aaaac I 7041033370013 2025 RELEASE UNDER THE PRESIDENT JOHN F KENNEDY ASSASSINATION RECORDS ACT OF 1992 FOR OFFICIAL USE ONLY 11 1994 NOTE FOR THE FILE SUBJECT : JFK Boara 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 GAMA office of Craig Livingston, White House could brief the board_ Chuck Easley in Livingston's office could do brief He is OPM staffer assigned to White House . FOR OFFICIAL USE ONLY May ing_ ================================================== Page 2 ================================================== 13-00000 JUN 67 '95 11:AZAM P.1 CII VISIT CERTIFICATION REQUEST COLLATERAL CLEARANCES AND/ OR SCI ACCESSES Requester Icas Phone 724-008K org by: (eV 63 PERSON (5) To BE CERTIFIED: (Pzovide for Collateral requests Dates 5 Yr/Mo/ Day) Nane _che1ok2e5E SSN 57034 'Org #Date of birth 22-oc7-521/ #Place of bIrth By Dod 'Clnc date/org Ob_sJun-0S] +DOBI/Org L7S_ L Nane SSN Org #Date Or birth ~ L #Place Of birth #Clnc datelorg L #DOBI/Org Nane SSN Org #Date of birth ~= #Place Of birch #Clnc datelorg L #DBI/Org CLNCS/ACCESSES REQUIRED: S= ' S_= Site Of visit 4sksic-2 leviecs ELP Date(s) Of VIsit (From) 0lS-n 45" (To) SJeZie Point Of contact JehaYecc2z Phone 13SL-2g2' Purpose Of visit COTR Agency business? Y N Recelved at CIT by Date 262 %x {scve8 only . CIC 724} ================================================== Page 3 ================================================== 13-00000 FOR OFFICIAL USE ONLY 16 May 1994 NOTE FOR THE FILE SUBJECT: JFK Board Clearances OS/Clearance Division (Edwara) 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 1 On 27 October, I called Terry 0' 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: @nBewer Chief/Clearance Division , OS_ Jceketz Dslebuualyg-Ecleara~e S;visian' X1gdc20) meure Tel : 703-{482 5620 Sec Fax: 703 893 5235 Uncl Fax: 703-356-6452 2 Bower 9 secure phone no: X4019y not passed to FBI) 3 0' Connor gaid that the FBI is processing clearances for four members Of the Board' staff He also said that David Marwell 9 clearances have been completed_ Johh Pereira CC : File Harrelson Boya C HRG ================================================== Page 5 ================================================== 13-00000 10 February 1995 To: C/HRG Subject: PC Support for Assassination Record Review. Board (ARRB) Reviewers Attached is Scott Nann 8 note on INFOSEC procedures It appears that Ehe ARRB reviewers will be able to take tops in ana out Of the building as long as security requirement for handling clagsified diskettes and Classified PCs are met HRG will have to maintain the proper logs and formg I propose we implement Situation #3 (board reviewers can carry their own SECRET Laptops daily in & out Of the building) Eatablighing 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_ lap- ================================================== Page 6 ================================================== 13-00000 CERTIFICATION FOR 6 MARCH 1995 SILTKLGEB Davia Marwell 08073027709 Thomas J. Gunn 529274-8.907 Thomas E= Samoluk 03025031292 Sheryl Walter 506380 093. ================================================== Page 7 ================================================== 13-0000014 06; 95 "Th_ 16:afu? 724 0457 IRki} ((? Assassination Records Review Board 600 E Street NW D 2nd Floor * Washington, DC 20530 MEMORANDUM April 6, 1995 TO: Barry Harrelson, CIA Historical Review Group FROM; Tracy Shycotf, Administrative Officer SUBJECT: Clearances Passed to CIA Clearances were passed to the CIA Security Office, on Thursday, April 6, 1995 for Ihe following ARRB employees: Mary McAuliffe, Supervisor Analyst SSNR66 444357 Michelle Seguin, Analyst SSN (7688-5236 The clearances are at the Top Secret level and have been passed for a period of 1 year. Addilionally, Jcremy (Gunn (SSNG29 74 8907 previously had his clearance passcd lo the CIA on January 18, 1995. If you need funther information, please call me at the number lisled below Telcptione: (202) 724-0088 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 Erom the Chief_ Domestic Programs Division, Office of Security Operations r(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 approvea once all of the Board' s staff receives SCI clearances Requests for SCI clearances should be sent by the Boara 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 SmithIcan be reached through the Division S front office 7x3437 secure 703-506-7437 open) John Pereira CC : File Harrelson Boyd C/HRG FOR OFFICIAL USE ONLY ================================================== Page 9 ================================================== 13-00000 ADMINISTRA TIVE INTERNAL USE ONLY NOTE FOR: J. Barry Harrelson DA FGloriaM: Boyd)@ DA (Barbara A: Standley DA FROM: John F: Pereira DATE: 05/01/95 04:33.53 PM SUBJECT: 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: ADMINISTRA TIVE INTERNAL USE ONLY ================================================== Page 10 ================================================== 13-00000 Assassination Records Review Board 600 E Street NW A 2nd Floor D Washington, DC 20530 June 14, 1995 Mr: John Pereira Chief, Historical Review Group CIA 1820 North Fort Myers Drive Arlington, VA 22209 Sably~' Dear Mr;Pereira: Ihave attached a list of ARRB employees who have been granted Top Secret clearances based on SBIs conducted by the OPM/OFL The ARRB received guidance from the Department of Justice on the adjudication of the cases As we have discussed_ Iwould like to request that the CIA take the necessary action to appropriate SCI clearances to these employees I you require further information, 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 grant please ================================================== Page 11 ================================================== 13-00000 Mr: John Pereira June 14, 1995 Page two Employee SSN Date of Adjudication Laura A. Denk 6509827982 5/2/95 Philip D. Golrick 22522T0020 4/6/95 Manuel E. Legaspi 5568-53-8907 5/2/95 Mary S. McAuliffe 866347357 4/6/95 Eric N. Scheinkopf 070-54-7711 6/6/95 Michelle M, Seguin 376 88-5236 4/6/95 Robert J. Skwirot 209-50-4324 5/23/95 Eileen A. Sullivan 091.66-0890 4/6/95 Kevin G. Tiernan 7230-08-5833 4/6/95 Joan G. Zimmerman 469-62-8398= 4/6/95 ================================================== Page 12 ================================================== 13-00000 Uu Ju. JJ rn! UJ. ) 4 rA. :02 ' 41 U43 / 4Krb #iuu : Assassination Records Review Board 600 E Street NW 0 2nd Floor 0 Washington, DC 20530 June 30, 1995 Mr: John Pereira Chief; Historical Review Group CIA 1820 North Fort Myers Drive Arlington, VA 22209 eie Dear Mr. Periac: have attached the second list of ARRB employees who have been granted Top Secret clcaranccs bascd on SBIs conductcd by thc OPM/OFI: As with thc othcrs, thc ARRB received guidance from the Department of Justice on the adjudication of the cases As wc havc discusscd, I would likc to rcquest that thc CLA takc thc ncccssary action to grant arpropriate SC] clearances to these ernployees [fyou rcquire furthcr inlormation, plcasc contact either mc or Tracy Shycoff, our: Depuly Security Officer; at the number listed below. Thank YOu for your attention to lhus maller. Sincerely, David G. Marwell Execulive Direclor Telephone: (202) 724-0088 Facsimile: (202) 724-0457 ================================================== Page 13 ================================================== 13-0QQ0Q4. = 43 FkI 09:51 4 ( 202 124 045; Anrt 4u. Mr: Jolu Pereira June 29, 1995 Page two Employee SSN Date ul _Adjudication Christopher M Barger 469-98-3261 6/20/95 Joseph P, Freeman 186-48-3000 6/20/95 Noelle C. 217-88-4242 6/20/95 Tammi S. Long 249-21-0975 6/20/95 Charles C. Rhodes '575-94-4810 6/20/95 Dennis ]. Quinn 146-68-1454 6/20/95 Valerie M. Sails 589-40-1874 6/20/95 Gray ================================================== Page 14 ================================================== 13-00000 R TiON T Assassination Records Review Board 4 600 E Street NW 2nd Floor Washington, DC 20530 (202) 724-0088 Fax: (202) 724-0457 September 19, 1995 Mr: John Pereira Chief; Historical Review CIA 1820 North Fort Myers Drive Arlington VA 22209 Sobl Dear Mr; Pereira: As we previously discussed, please initiate the necessary action to grant the appropriate SCI clearances for Carolyn Carpenter, SSN538 4637574 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 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, Irespectfully request that her case be given top priority. Iyou need further information, please contact either me or 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 DIREcoR: David G. Marwell s$iN ) 5 RE V | E W : B 0 Group special Tracy ================================================== Page 15 ================================================== 13-00000 SECURE FACSIMILETRANSMITTALFQRM CSIMHRG Room 404 DATE: -2J1 Ames = 'ENDING SECUREIEAX TELEPHONE NUMBER _ (703)- 651-2114 EECEIVING SECUREIAX TELEPHONE NUMDER: J3-83226. 4 YUMBER OF PAGES (Induding Transmittal Focm and Coyershect if applicable) 3 ROM: _Jo_kezeisa elylelesz Ofuce Extension ) SUBJECT: ~@Eihaae/ Otice/ CO: ADDRESSEE ORGANZATION / OFFICE EXTENSION ) ManzZ/zne+AJel X 427Z 3. 1. 5. 6. 3 [0_ SPECHALINSTRUCTIONS: 72 Diazs Zul L LiL1 Tos.8dt4+tzZ RELEASNG OFFICIAL: Za_ehara= a LoxetLy (PRINTED NAME} (SIGNA TURE) RECELING_STATIONLESEQNLY Please rcceipt {or malerial by cnlering lime of rcceipUsignature and (ransmt back (0 sending Station. DA TE / TIME: SIGNA TU;RK: EQuo FKAI : JASSIFICATIO)N ()F AIATIEFIA { 81* #attm 1(-v2 43.3 Bldg: YhadLy ================================================== Page 16 ================================================== 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 Asgassination Records Review Board has requested that CIA grant an SCI clearance to a former Agency employee_ Carolyn Carpenter_ She i8 being congidered for employment with the Board - The request is attached_ 2 The Board ' 8 request notes that the Jugtice Department raised a question about the existence of foreign in-laws in Ms Carpenter 8 case 3 David Marwell, the Board' s Executive Director, is interested in knowing when_ a determination 18 likely to be made on this Irequest Please let me know what responge we Should give tlo 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 740335 Curt talked with Marwell and set up procedures for sending clearances requests directly to Curt. ================================================== Page 18 ================================================== 13-OOO0Q _ J 29 95 WED 4 : 3[ FAI 20@ 74 0457 ARKD uu? Assassination Records Review Board 600 E Strcet NW Znd Floor Washington, DC 20530 (202) 724-0088 Fax: (202) 724-0457 MEMORANDUM Novembcr 29, 1995 TO: Harelson, CLA Historical Review Group FROM: Tracy Shycoff Associatl: Dircctor for Administration and Deputy Sccurity Ofticcr SUBJECT: P'assing Clearance passed Ihc clearance to thc CIA Security Officc On Novernber 29, 1995, for thc tollowinz ARRB cmFloyea' for the purpose of reviewing documents related t0 the JFK Assassination Records Collection Act held by tle CLA: Joseph P. Frecman SSN086-48-3000 DOBE/3/56 Place of Birth Pittsburgh, PA Clcarance Granted 6/20/95 Ihc clcarance is at Uke Secret level and has bccn passed for a period o 1 year: If YO1 necd further information, please call me at the numbcr listed above Or contact Mark in the CIA Sccurity Oflice al 703-482-7330: BOAAD Mt maras. Jumo H lunneim Chji Henry . Gratt Ktimii L HJii Wmlljm L Juyce Annj K Nelson Extcuiivi Oiatcium: Djvid G. marwoli Barry Top ================================================== Page 19 ================================================== 13-00000 6 March 1996 Roger Martin DCI/ Securi called today and stated that clearances were passea for Dennis Quinn , 146-6814543-he is Erom the ARRB He was granted TS clearance . ty, ================================================== Page 20 ================================================== 13-00000 JUL 18 JD 03: 141-4I LLHVFUbLIC Ht r Ains Fjc Cbard 18 July 1996 MEMORANDUM FOR] Chief/VABIOS FROM: KazenGilbert Public-Communication Branch, Public Affairs Staff SUBJECT : Headquartere Visitors Presidential JFK Assassination Records Review Board 1 On Monday July 22 1996 , seven members of the Presidential JFK Asbassination Records Review Board (see aEtached sheet) will be visiting the Agency from 10:00 am-12 0 Opm 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 ana Parking directions They Will be met at the OHB lobby by Karen GElberd Pubiic Liaibon Officer Public Communicatione Office They will be given a tour of the first floor of the OHB ana the Ezhibit 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 Officerg at the Main Gate of the date and time of arrival Please badge our visitors with a Visitor Escort Required badges at the Visitor Concrol 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 PROCRAMS GROUP Please inform the Security Officers at the 123 Entrance that the cars will be dropping off Ehe group ac the OHB lobby entrance and to direct them to parking in the VIP lot_ 6 _ If you have any further questions prior to the of the vizit please contact @ren_CiTbezq on x51744 On the date of the visic, please direct any questions or problems to the Public Communications Branch on 482-0623 Karen Gilbert day ================================================== Page 21 ================================================== 13-00000 1@uuz 06/10/97 UE 11:21 FAA Zuz 724 0457 ARRK_ 6 thon Assassination Records Review Board 600 E Street NW Znd Floor Washington; DC 20530 (202) 724-0088 8 Fax; (202) 724-0457 w MEMORANDUM June 10, 1997 To: CIA Security Office From: Tracy Skycoff Deputy Security Officer Subject:; Passing Clearances Iam passing the clearance for the following ARRB employee for the purpose of reviewing documents related to the JFK Assassination Records Collection Actheld by the CIA: Douglas Horne SSNQ85 543352 DOB5/19/52 Place of Birth Oceanside,CA Clearance Granted 8/22/1995 The clearance is at the Top Secret level and is to be passed through September 20,1997 to Mr: John Pereira, Chief of the CLA Historical Review Group at 703-613-1805. Ifyou need further information, please call me at the number listed above: CC: (Barbara Standley} CIA Historical Review Group Board Memberb: John R. Tunheim, Chair Haary F Graff Kermit L. Hall William L. Joyce Anna K Nelson Executive Directon: David G. Marwell sin _ ) Rev18 ` ================================================== Page 22 ================================================== 13-00000 UNCLASSIFIED 25 July 1997 MEMORANDUM FOR: J. Barry Harrelson FROM: John F. Pereira , OFFICE: DCIICSHHRG SUBJECT: 4 Assassination Records Review Board Visitors REFERENCE: We alerted Eileen, Frank 25 July 1997 MEMORANDUM FOR: John F. Pereira FROM: RoqerLMartin_ OFFICE: DCIIAREA SECURITY OFFICER SUBJECT: Assassination Records Review Board Visitors REFERENCE: FYIIRetention: CIB Compartmented Information Branch NOTE FOR: (RogecL: Martin DATE: 07124/97 03.50.32 PM SUBJECT: 4 Assassination Records Review Board Visitors The following ARRB employees will be meeting John Pereira (7031613-1805 on 28 Jul 97 and until 01 Aug 97. Tracy Shycoff SSN 033.422144 TS Thomas Samoluk SSN: 030 60.1292 TS David Marwell SSN:-080 38ZQ0 TS, Sl;, TK,OIMMAand BYE Thomas Gunn SSN:/529.24.8908 TS, Sl, TK, and BYE UNCLASSIFIED ================================================== Page 23 ================================================== 13-00000 Rtion Sl Assassination Records Review Board 600 E Street NW Znd Floor Washington, DC 20530 (202) 724-0088 Fax: (202) 724-0457 5 MEMORANDUM December 3, 1997 To: CIA Security Office From: Tracy Shycoff Deputy Security Officer Subject: Passing Clearances Iam passing the clearance forlthe following ARRB employee for the purpose of reviewing documents related to the JFK Assassination Records Collection Actheld by the CIA: Charles C Rhodes SSN675 94-4810] DOB673761 Place of Birth Schenectady, NY Clearance Granted 6/20/1995 The clearance is at the Searet level and is to be passed through September 30, 1998 to M: 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. Ifyou need further information, please call me at the number listed above CC: Barbara Standley} CIA Historical Review Group BoARD Membeas: John @. Tunheim. Chair Henry F Graff _ Kermit L. Hall William L. Jovce Anna K, Nelson Exegutive Diasetoa: T Jeremy Gunn Deputy Dtreetoa: Thomas E_ Samaluk 6sin ) R8 V!Bw Top ================================================== Page 24 ================================================== 1300000 FOR OFFICIAL USE ONLY AB8A88INATION BOARD Address: 633 Indiana Ave. , N.W. Contacts Space: GSA: Calvin Snowden (202) 708-5702 CIA: Patti Postel OS x (3446/ (703) [506-7ae 6A J (open) Security White House Office Of General Counsel Marvin Crisloff Clearances CIA: Ed Howell OS X40206 0 Board Chairman Jack Tunheim (612) 296-2351 FOR OFFICIAL USE ONLY ================================================== Page 25 ================================================== 13-00000 11 September 1998 MEMORANDUM FOR: Jim Oliver CMRG FROM: Martha Lutz ChiefRResearcAERRD 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 thelUnited States was established in 1998, and its members signed secrecy agreements {John Hedley, PRB Chair, with the members in March; explained pre-publication requirements and emphasized the Board's and staff $ 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. spoke ================================================== Page 26 ================================================== 13-00000 SECRET CL BY:2115436 CL REASON: Sectin i.5 C DECL ON: X1 drv FaM: HUM 4-82 TO: James R: Oliver@DA FrOM: Ramona @GDunnjc- DCI OFFICE: EXDIR STAFF DATE: 09/14/98 10.59.51 AM SUBJECT: Re: Status of JFK IssuesIARRB Meetings Jim: 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? On a related issue: On Friday, Mary Bolandtold me that we (White House, FBI, OIM) can't find the Board's secrecy agreements. Were they located over the weekend? . If not, the EXDIR requests that OIM obtain new signed agreements as soon as possible. Thanks: Ramona Original Text of James R. Oliver Original Text of James R. Oliver Dawn: Per our discussion this morning, attached is Barry's status report on the JFK Board actions Jim 0. Original Text of J. Harrelson Original Text of J. Barry Harrelson CL BY:fo611637 CL REASON: Section 1.5 €C DECL ON: X1 DrV FrM: HUM 4-82 14 September 1998 SECRET Barry ================================================== Page 27 ================================================== 13-00000 ADMINISTRATIVE INTERNAL USE ONLY From the Desk of R. Bruce Burke Associate Deputy General Counsel NOTE FOR: Marne Jensen-Kendrick 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). Bruce ATTORNEY /CLIENT COMMUNICA TIONS 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 tar, CIA security officials have conducted diligent searches, both internally ad 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'$ 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 & generic security exit briefing tor the Board which mentions their continuing obligation not to reveal classified information in any way, without specifically mentioning prepublication review, and again hope that they will voluntarily submit any future writings for prepublication review. 3. Provide a specific security exit briefing for the Board which expressly mentions that they have an obligation to submit for prepublication review &y future writings they plan to publish (related to their work as Board members) as part of their obligation to protect classified information, ADMINISTRA TIVE INTERNAL USE ONLY ================================================== Page 28 ================================================== 13-00000 ADMINISTRA TIVE 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 0f this approach would be to have the Board execute a SCI debriefing statement, which includes a prepublication clause, although it is limited to SCI material 4. Have the Board members sign secrecy agreements 0n the way out; This option would be difficult to implement as there would be no incentive for a Board member to sign it (there exist no sanctions for not signing), and it would be legally unenforceable (since the agreement would provide a benefit to the Agency, but not to the Board members, and therefore would not contain the legal consideration necessary to establish a binding contract). We would have to hope that the question ot enforceability issue is not raised essentially, amounting to another bluff: 5. We can rely o language in the Snepp case, as interpreted by the Department of Justice in the mid-1980's, that appears to permit the Agency to write a regulation that requires prepublication review of the possibly classified writings of non-CIA personnel given access to CIA information, to allow the(DCI to protect intelligence sources and methods. The regulation would be signed 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 ADMINISTRA TIVE INTERNAL USE ONLY by ================================================== Page 29 ================================================== 13-00000 CONFIDENTIAL NOTE FOR: Ramona G Dunn-C- DCI FROM: R Bruce Burke OFFICE: OFFICE OF GENERAL COUNSEL DATE: 09/18/98 02:3225 PM SUBJECT: READ IMMEDIATELY: JFK Board Secrecy Agreements Issue ATTORNEYICLIENT 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 intemally and externally (FBI, White House), to locate any secrecy agreements that members of the Board have signed. Those searches have been unsuccessful to date, no secrecy agreements have been tound. 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 t0 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 t0 preserve our prepublication review rights with respect to future writings of the Board members and staffers, in order t0 prevent the inadvertent release of classified inforation (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: IIf we wish to address the Board_on_this issueas &grOup, the 23 September meeting_will be our last opportunity to_do so[ Otherwise we will-have to deal with each Board member and staffer indivdually, ifat all. Before considering the options set torth_below,_itis_worth noting that whatever approach we takewith the Board, we may encounter some hostility and resistance due to the Boards unhappiness with our position concering 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 infomation in any way, without specifically mentioning prepublication review, and hope that will voluntarily submit any tuture writings for prepublication review: Board members and staffers sign nothing: 3. Provide a generic security exit briefing for the Board which mentions their continuing obligation not to reveal classified information in any way, and also makes available our prepublication review services to assist them in this regard, if requested, with respect t0 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 forlthe source of this obligation (since we cannot provide them with signed secrecy agreements): In essence, we bluff the Board. Board members and staffers sign nothing: CONFIDENTIAL { may again they any ================================================== Page 30 ================================================== 13-00000 CONFIDENTIAL 5. In lieu of a security exit briefing, send each Board member and staffer a letter which expressly mentions that have anlobligation to submit for prepublication review any future writings plan to publish (related to their work as Board members or staffers) as part of their obligation t0 protect classified inforation: 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 t0 implement as there would be no incentive for a Board member t0 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 t0 the Agency, but not t0 Board membeis 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 t0 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 donot have any secrecy agreements previously signed by the Board. Even if the Board agrees to sign new secrecy agreements before 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, &s interpreted by the Department of Justice in the mid-1980s, that appears to permit the DCI to write a regulation t0 protect intelligence sources and methods by requiring prepublication review of the possibly classified writings of non-CIA personnel who have served in positions of special trust and have been given access t0 CIA information. The regulation would be signed by the DCI, and promulgated immediately: Then the Board would be brieted 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; have discussed these options with Dawn Eilenberger, and we believe that Option is the best approach to take: OIM concurs: Please let me know how we should proceed, since our last chance to deal with the Board as a group will be at their 23 September meeting: Bruce CC: CC: Sent on 18 September 1998 at 04.31:51 PM CONFIDENTIAL they they they ================================================== Page 31 ================================================== 13-00000 CONFIDENTIAL CL BY:{0681401 CL REASON: Sectin 1.5 C DECL ON: X1 Drv FrM: COV 1-82 18 September 1998 MEMORANDUM FOR: 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 in light of my rewrite. Bruce Original Text of R. Bruce Burke Original Text of R. Bruce Burke CL BY:0681401 CL REASON: Section 1.5 C DECL ON: X1 Drv FrM: COV 1-82 From the Desk of R. Bruce Burke Associate Deputy General Counsel CONFIDENTIAL prefer ================================================== Page 32 ================================================== 13-00000 SECRET CL BY:2115436 CL REASON: Socti 1.5 C DECL ON: X1 Dav FRM: COV 2-87 TO: R: Bruce Burke@DCI FROM: (Ramona @ Dungc- DCI OFFICE: EXDIR 'STAFF DATE: 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 & letter which expressly mentions that they have an obligation to submit for prepublication review any future writings they plan to publish (related t0 their work &s Board members or staffers) as of their obligation t0 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 signed secrecy agreements). Again, we bluff the Board: Board members and staffers sign nothing ) CC: DawnR_Eilenberger@DCL (Valere Q Pattersog@DCI; Robert J. Eatinger@DCI, Dames E Achibaldl@DCI(Paul F Moris@r Edmund Cohen@ LLanieP DAlessandro@DALee S_Strickland@DA_JamesR Oliver@DA, J. Barry Harrelson@@DCI, (artin J Boland@DA, Marne Jensen-Kendrick@DA Sent on 21 September 1998 at 05:44.25PM SECRET part any DA, DA, ================================================== Page 33 ================================================== 13-00000_ SEP,11.1998 2:41PM NO.03 P.2 SECRECY AOREBMENT (print fll name), hareby agtee [0 eacept as e prior condition 0f my being employed by, %r otherwise tetained t0 perform services the Cental Iatelligence Agency, Or foc steff elements of the Director of Cental Intelligence (ereinafter collectively tetenred t0 es tha "Central Intelligence Agency" h the obligarlons contelned in phis agreement 2. I pderstand thar in the course of my employment or orher service with the Cenbral lnrelligence Agency I may be Igiven access to infornation or material: ther is clasgified &r is in the process of & clessliicaron determination tn accordence Wth &be standards set forth' in Execuuve Order 12958 &s amended Dr superseded; @r other eppllcable Executive orde, thar if diselosed in & unauthorized manner would jeopardize Intelligence activities of the United States Govemment: [ eccepr thec by granted access [0 such inforetion Or meterial I will be placed In & posidion af special confidence and iust and beoome obligated ro protect te information endor material iom pnauthorlzed disclosure 3. In consideration for being enployed or oxherwlse Fetained to Provide cervices to the Cencal Itelligence Agencya I hereby egree that I wlll never diselose in any for Or-Jy,manner;Jo any person not authorlzed by the Centel Intelligence Agency [0 Teceive it; ay iafomarior or Materiel In eidher of the-tollowing cetegories: & informaron or materiel received or obralned in te course Qf my employment % other service with the Central Intelligence Agency that is marked as clasified &r thar ] knowlis clessifed; b. infomaton Or material received or obtained ia thE course pf my employmedr 0 ohct servlce with the Cental Intelligence Agency that I knoc is in the processtof a cleseizcadon detemmbation I understand tat it is my responsibllity t consult with appropriate managemant authoritles in the compodent O pirectorte thar employs me or ha: realned my servlces; or wvith the Cenual Intelligence Ageney"$ Fublications Review Board if Iam po longer employed by % as8ocleted with the Agency, in order {0 ensure that I know; 1 wheder inforadon Or material within my knowledse or contai 'tarly have Ioason KO believe might be In either of te categortes set forth in paragraph 3 is considered by the Featrel Intelligence Agency to flt In eldher of those categories; &nd, shonthe Agenov has authorized to receive sueh Infornarion 8 Marerinr P 5. As e futher condirion orioSrecrlzonfidence and trust Teposed i ulyithe Cental Intelhtence Agency; I here Iby egrce to submit for Teviewv by-the Canaa iustigence Agency any M)otner preparaton ix any frm, including & Iork of fiction; which contains ary mepbon of iLieeoce dara 0r ectivines % Zontainday Tnforqatian &r meterial that Hight be besed Upon either @f-de Getetori8e set-Tazh #N oererapn 3, ther contempi te dsclosng publicly or that [ bave acqually prepared for publie Oeclosre Zther dunE uly Sraloyment &r otegJeewvice Mihe Ceal Intelligence Agency or pr eoy time thereattes; prior terdisous [ng#t with or Eowingic)o anyone nor autha ized Jotizve access t0 the catcgories: Ber forth in peregraph 3, I #ther-actea-thal/I wil nor Uke any steps torard puble diselaeue util 1 have Ieceived written pemission t d0 s0 from the Cengal-Intelligence AzenssAAAAA 6 I understand ter the@Upose Oothekvevew descrbed M paragreph s ie/o avete COunal Intelligedce Agenoy a opportunity t0 deterddife-whether_ the -@iaraetior} or material tha: I contemphie diaalosttg-Publialy contain;.any informarlon pr material that[ haveieereed no? {o-tlsdlase' Tirherundentand theethe Aseney wil Ll 4pon my subrierlon end meke & tesponse to me niit Casonable rie[ @the} (nderetand [[hat i p uisputaYhe AEeooy s initial ceterminadon on the basis that the informaton qaterial in qagten derkes from public sourtedl 1 May te cled upOL @ peeidcaelly Identify such soutces: fail 3ekeils49 P oso, Qay bylitseleresulr W denial 0 pamissicu @ putlish or orher wike dicloge the inforation br material in diseutr 7 Iunderstandghdrail Inonation 0r atetial tat I may in dereourse 0 my emplevnen? _ or Other service with Mtl the Central Intelllgence Agency thEc jib either 0f tbe categores set forth in paatraph 3 %f chis-Igeement are and will remain the propercy of the United Stater Govemment;ualed and intil Otherwise detemmlned by 2 @propriate ofcial 0 final ruling of a courl of law. I egree to' suirender arything consbnuring, containing %t reflecting such information Or materiel YpOD demand by @n eppropriece ofieial of the Cental Itelligence Agency, Or upon the conelusion Of my employmenr 0r other service with the Cental Intelligence Agcncy: 8- I egree @ notify the Centrel Inrelligence Agency immedlately in the event that [ &m called upon by judicial Or con- eressional authorities; %r by specially established investlgerory bodies of the executlve branch} 1 [esdfy aboul; or provide in- formation or material that [ have herein not [0 diselose. In &ny communicadon with any such authority or body, I shall observe all applicable mles or Procedures for enst thet such infomation andor materjiel Is bendled ip & secure manner: 9 [understand that nothing contained in thls egreement prohiblus me from Ieporting intelligence actlviries that I con- sider t0 be unlawful or improper direcely to the Inlelligence Oversight Board establlshed by the President Or [o any successor body that tbe Fresident may establish, % Lo the Select Comminee 0n Intelligence of the House of Representatives Or the Senate Irecognize that there are also establlshed procedures for bringing such matters (0 the attendon of the Agency'$ [nspecror General Gr to &he Direator of Central Intelligence In making TePOrt refered 0 in this paragreph; I will observe all applicable Irules or procedures for ensuring the secure handling 0f eny informetion OF material thar May be Involved, I understand thar lany such information o material continues t be subjecr to this agreement for all orher purposes and that such reportng does hot constitute_publlc_disslogua or_dedlessificetion %f thar Infonmation Or Material. FQ3M,Q68_ 9852LRL RaeMou} for, being wtne Qher Wbors My acquite agreed wring apy ================================================== Page 34 ================================================== 13-00000 SEP.11.1998 2:43PM NO.032 P3 81o understand that any breach of this agreement by me may rcsult in the Central Intelligence Agency taking admin- Tsbratve action against me, which can include temporary loss of pay Qr termination of my employment O %ther service with the Central Intelligence Agency: I also understend that if I violate the terms of this ageement; the United States Govemment may instimte & civil proceeding to seek compensatory damages or oher appropriate relief, Further; I understand that tbe disclosure of infonation that I have agreed herein not to disclose can, in some circumstances, constitute a criminal ofense. 11. I understand that-the United States Government may, prior t0.any unauthorized disclosure that is threatened by me, choose to apply to any appropriate cour for an order enforcing tis agreement Noching in this agreemenr constitutes a waiver on the part %f the United States to institute & civil or criminal proceeding for any breach of this agroement by me. Nothing in tis ageemenr constitutes a wavier on my parz of any possible defenses I may have in connection with either civil or criminal proceedings that may be brought against me: 12. ln addition tO any other remedy W which tha United States Government may become entidled, I hereby aasign to the United States Govemment all rights ritle, and interest in any and all royalties Temunerations, and emoluments that have resulted or will result or may result from any divlgence; publication or revelation of inforation Or material by me that is carried out in-breach of paragraph 5 of this agreenent or that involves information or marerial prohibited from disclosure by the terms of this agreement 13. Iuderstand and accept that; unless I am provided & written telease from this agreement Or &y porton of it by the Director of Central Intelligonce or tho Director' 9 representative, all the conditons and obligations accepted by me in this agree menI apply both during my employment Or other service with the Central Intelligence Agency, &nd &t all tmes thereafter. 14. Iunderstand that the purpose of this agreemenr is [o implemenr the Iesponsibilities of the Director of Central Intel- ligence; particularly the responsibility to protect intelligence sources and methods, as specified in the National Securty Act of 1947 , as amended, 15. These restictions &re consistent with and do nOt supersede conflict with Or Otherwise alter the employee obligations rights or labilities created by Executive Order 12958; section, 7211 of title $, United Stares Code (governing disclosures to Congress); section 1034 of ttle 10, TJnited States Code, as amended by the Military Whisdeblower Protection Act (governing disclosure, (0 Congress by 'membersiof the Military); secron 23020)(8) of tdle 5, United Srates Code, &s amended by te Whistleblower Protecdon Act (governing 'disclosures of illegality, waste; fraud, abuse O public health or safety threats); te 'Intelligence Identities Protecton Act of 1982 (S0 U.SC, 421 et seg) (governing disclosures that could expose confidential Oovernment agents), and the statutes which protect against disclosure that may compromise tho-national security, including section 641; 793,794, 798, and 952 of title 18, United States Code; and section 40) of the Subveraive Activities Act of 19S0 (50 U.S.C, secton 783(6)). The definitions, requiramonts, obligations, rights, sanctions and liabilities Created by said Executive Order &nd listed statutes are incorporated into this Agrecment and are controlling: 16. I understand that nothing jn this agreement-limits or otherwise affects any provision of criminal or other law that may be applicable o the unautorized disclosure of classified infomation , including the espionage laws (secrions 793, 794 &nd 798.of Title 18, United States Code) and the Intelligence Identdes Protection Act of 1982 (L 97-200; 50 U.S.C_ 421 er seq ) 17. Each of the numbered paragraphs &nd lentered gubparagraphs of this agreement is severable. If & COurT should find ay Of the paragraphs Or subparagraphs of this agreement %o be Unenforceable, I understand ter &ll remaining provisions will continue in full force: 18. I make this agreemedc in faith, &d with no purpose of evasion 19. This agreement shall be interpreled Under &nd in conformance with the law of the United States: Signature Date The execution %f this agreement was (witnessed by the undersigned, who accepted it on behalf of the Central Intelligence Agency as a condition of the employment or other service of the person whose %ignature appears above WITNESS AND ACCEPTANCE: Signature Printed Name good prior

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