NOTE TO MR. ELLIOT MAXWELL FROM (Sanitized)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79M00983A001800010012-6
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 10
• Document Creation Date: December 16, 2016
• Document Release Date: July 18, 2005
• Sequence Number: 12
• Publication Date: January 11, 1977
• Content Type: NOTES

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CENTRAL INTELLIGENCE AGENCY
Office of Legislative Counsel
Washington, D. C. 20505
Telephone
Attached for your review are 9vr:
final versions of the Memorandum of
Understanding and the Nondisclosure
Agreement with changes underlined.
Before we run this past the
Director again we want to be sure
that the changes do not present any
robl
p
ems to the Committee.
Please advise ASAP.
FORI$ 1533 OBSOLETE
$?$$ PREVIOUS
EDITIONS
COPY
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MEMORANDUM OF UNDERSTANDING
1. S. Res. 400 of the 94th Congress provides in Section 6 that
no employee of the Senate Select Committee on Intelligence (hereinafter
SSCI) or any person engaged by contract or otherwise to perform services
for or at the request of the SSCI (hereinafter SSCI employee) shall be
given access to any classified information by the SSCI unless such employee
has (1) agreed in writing and under oath to be bound by the Rules of the
Senate (including those in the jurisdiction of the Select Committee on
Standards and Conduct), and by the rules of the SSCI, and (2) received
an appropriate security clearance as determined by the SSCI in consulta-
tion with the Director of Central Intelligence (DCI). In order to fulfill the
mandate under S. Res. 400, the SSCI is entering into this agreement with
the DCI who, under the National Security Act of 1947, is charged with
responsibility for the protection of intelligence sources and methods from
unauthorized disclosure.
2. Under this agreement the following procedures will be instituted
so that the Senate Select Committee on Intelligence may obtain the advice of
the DCI with respect to security clearances to be granted to SSCI employees.
a. The SSCI and the Attorney General have agreed that, at the
request of the Chairman and Vice Chairman of the SSCI, the Federal
Bureau of Investigation (FBI) will conduct background investigations
of prospective SSCI employees. These investigations of prospective
SSCI employees will be to ascertain facts and information relevant to
their suitability for employment and trustworthiness for clearance for
access to information classified under the provisions of Executive
Order 11652.
b. The investigations conducted by the Federal Bureau of
Investigation will be conducted in accordance with the standards
set forth in Director of Central Intelligence Directive No. 1/14
dated 13 May 1976, "Minimum Personnel Security Standards and
Procedures Governing Eligibility for Access to Sensitive Compart-
mented I;afo-rmation. "
c. tinder the agreement between the SSCI and the Attorney
General, the FBI will furnish summary memoranda and supporting
materials containing the results of background investigations to the
SSCI Chairman and Vice Chairman or their designated representa-
tives.
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d. When the SSCI reaches a tentative decision to employ
such an individual, prior to implementing this decision, a copy
of the summary memorandum and supporting materials will be
furnished to the DCI or the DCI's designated representative, by
the SSCI.
e. The DCI or the DCI's designated representative will
review the summary memorandum and supporting materials Igor
the purpose of determining whether the individual meets the
criteria for access to sensitive compartmented information as
specified in DCID 1/14. If the DCPs finding in this regard is
affirmative the Chairman and Vice Chairman will be advised
in writing. If the DCI's review of the material indicates that
the individual may not meet the standards of DCID 1/14 and,
therefore, may not be eligible for access to sensitive compart-
mented information, the DCI or the DCI's designated representa-
tive will notify, in writing, the Chairman and Vice Chairman,
and will consult with the Chairman and Vice Chairman. or their
designated representative, stating the reasons for this assessment.
f. The SSCI, with due consideration for the comments of the
DCI or the DCI's designee, will make the final determination as to
whether the individual will or will not actually be employed.
3. The SSCI and the DCI further agree that:
a. The DCI or the DCI's designated representative will render
this advice to the Chairman and Vice Chairman before the close of
the third normal work day following receipt of the material from the
SSCI, unless the DCI or the DCI's designated representative notifies
the SSCI that an additional period of time, not to exceed thirty days,
is needed to make a determination as to the individual's access to
sensitive compartmented information under the standards of DCID
1/14. The summary memorandum and supporting materials provided
by the SSCI will be returned to the SSCI at the same time that the
DCI informs the Chairman and Vice Chairman of the results of the
review conducted under the DCPs purview.
b. The DCI will insure that no copies of the summary memorandum
and supporting materials are made in the course of the review under
the DCI's purview.
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 c. The DCI shall insure that the rcvi Qof ~the Apff&4 it4f1?&Nlea ggR/pp 'cpinaaeDrnais pOo83c' ecc1b8y0t g%'
is accomplished by a select and limited number of individuals
competent to conduct such reviews. Further, the DCI shall
insure that access to this material is strictly limited and that
a log is maintained to reflect the identity of any and all individuals
under the DCI's cognizance.who are given access to summary
memoranda and supporting materials.
d. The DCI or the DCI's designated representative shall, as
he deems necessary, record the identity of the individual on whom
the review is conducted. A copy of any memorandum to the Chairman
and Vice Chairman rendering the results of the DCI's review, and
notifications for the record concerning any advice presented orally
to the Chairman and Vice Chairman will also be maintained, as
appropriate.
e. The DCI shall insure that information obtained from the
summary memorandum and supporting materials will not be
disseminated beyond the group of individuals conducting the
review without notification of, and approval by, the Chairman
and Vice Chairman of the SSCI except as otherwise provided in
this agreement.
f. The SSCI will provide the DCI with a list of persons
cleared by the SSCI for access to classified information and will
promptly advise the DCI when an individual granted a clearance
terminates employment with the SSCI.
g. DCI files will reflect whether an SSCI employee is
approved for access for specific types of sensitive compartmented
information and the DCI will arrange for such an SSCI employee an
appropriate briefing on sensitive compartmented information handling
procedures.
h. The DCI will inform the Chairman and Vice Chairman or their
designated representative of any adverse information which comes to
the attention of the DCI after the DCI's review described above that
raises questions concerning the suitability for employment or trust-
worthiness of any SSCI employee which the DCI is not obligated by
law, regulation, presidential directive or executive order to provide
to the FBI.
4. Pursuant to Section 8 of S. Res. 400 the SSCI shall make regula-
tions to protect the confidentiality of information in the possession of the
Select Committee relating to the lawful intelligence activities of any depart-
ment or agency of the United States which has been classified under
established security procedures.
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5. The Chairman and the Vice Chairman and the DCI hereby
establish the following procedures, to prevent the unauthorized dis-
closure of protected information:
a. The SSCI shall require of each SSCI employee, as conditions
to employment, to agree in writing and under oath to the terms of
the Nondisclosure Agreement which is attached, and to be bound by
the Rules of the Senate (including those in the jurisdiction of the
Select Committee on Standards and Conduct), and the rules of the
SSCI and in particular those SSCI rules relating to the protection
of information supplied to the SSCI by the Executive Branch. Copies
of these written agreements between the SSCI and the SSCI employees
shall be furnished to the DCI or the DCI's designated representative
upon request.
b. An employee of the SSCI seeking to publish, or otherwise
disclose, any material concerning the activities of, or information
held by, the Committee shall submit this material, =n advance, to the
Chairman and the Vice Chairman. The Chairman and the Vice
Chairman shall consult with the DCI concerning the public disclosure
of such material. In the event there is disagreement between the
Chairman and the Vice Chairman, and the DCI, as to the release of
the material, the Chairman and the Vice Chairman will bring the
matter before the Committee, in order to invoke the review procedure
of Section 8 of S. Res. 400 of the 94th Congress.
6. The SSCI and the DCI recognize that nothing in this Memorandum
of Understanding or in the Nondisclosure Agreement limits in any way any
of their rights, responsibilities, or privileges which may exist under S.
Res. 400, statutes, or the Constitution of the United States.
Chairman, SSCI DCI
Vice Chairman, SSCI
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 TRANSMITTAL AND DOCUMENT RECEIPT-"o
A
reve&Fer Release 20055102122 -
G'A-RD127QD400983AO01800010012-r,
pp
TO:
Mr. Mike Epstein
Senate Select Committee on Intel.
G 308 Dirksen Senate Office Bldg.
-
FROM: Office of Legislative Counsel
Central Intelligence Agency
Room 7 D 35
Washington, D.C. 20505
THE DOCUMENTS LISTED HEREON ARE FORWARDED FOR:
INFORMATION
ACTION 7
--]
RETENTION
LOAN
CONTROL NUMBER
DOC. DATE
SUBJECT (Unclassified preferred)
CLASS.
Headquarters - Offices and Functions
S
RECEIPT
SIGNATURE (acknowledging receipt of above documents)
- --~ ~ /f
DATE OF RECEI
RETURN TO
OFFICE OF LEGISLATIVE COUNSEL
CENTRAL INTELLIGENCE AGENCY
u ROOM 7 D 35
WASHINGTON, D.C. 20505
I - WHITE, RETURN COPY
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 TRANSMITTAL A D DO E R EIPT
TO:
FROM: Office of Legislative Counsel
Mr. Elliot Maxwell
Central Intelligence Agency
Senate Select Committee
Room 7 D 35
on Intelligence
Washington, D.C. 20505
THE DOCUMENTS LISTED HEREON ARE FORWARDED FOR:
-
-
INFORMATION
x
ACTION
RETENTION
F
LOAN
CONTROL NUMBER
DOC. DATE
SUBJECT (Unclassified preferred)
CLASS.
Memorandum of Understanding
Nondisclosure Agreement Between SSCI Em-
ployees and the SSCI
RECE I PT
SIGNATURE (acknowledging rece.pt of above documents)
RETURN TO
.....~.~.~
OFFICE OF LEGISLATIVE COUNSEL
0
CENTRAL INTELLIGENCE AGENCY
ROOM 7 D 35
DATE OF RECE
WASHINGTON, D.C. 20505
I - WHITE, RETURN COPY
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