MEMORANDUM OF UNDERSTANDING WITH THE HOUSE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00821R000100090006-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 19
• Document Creation Date: December 12, 2016
• Document Release Date: November 1, 2001
• Sequence Number: 6
• Publication Date: June 27, 1979
• Content Type: MF

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~V+
OLC 79-1449,11E
MEMORANDUM FOR: Director of Central Intelligence
FROM : Frederick P. Hitz
Legislative Counsel
SUBJECT : Memorandum of Understanding with the House Committee on
Standards of Official Conduct
1. Action Requested: Your signature on the attached Memorandum of
Understanding MOU).
STATINTL 2. Background: The House Committee on Standards of Official
Conduct, chaired by Representative Charles E. Bennett (D., Fla.), has
asked for our assistance in its preliminary inquiries into allegations
STATINTL
___,______
embers
f R
n+a+iveS In iAIL, fill IV
tha
M
of the o
eprese
acce ted thins of value from representatives of
Accordingly, we have negotiated an MOU which prove es
limited and controlled access to relevant classified material. The NOU
is operable for the duration of the preliminary inquiries and any
subsequent investigation resulting therefrom.
3. The MOU acknowledges your responsibility for the protection of
sources and methods, including the right to appropriately sanitize all.
material provided. It also recognizes your right to suspend access to
Agency material and employees upon any disclosure of information in
violation of the MOU. We have an informal agreement with the Special
Counsel that, if challenged, our reasons for withholding any material on
the basis of irrelevance will be explained to Chairman Bennett in
camera. Among the other protective provisions of particular interest
are the following:
a. Access to Agency materials is limited to eight
Committee staff persons.
b. The only classified material specifically
authorized for removal from Agency premises are copies of
notes taken by Committee staff persons which have been
reviewed and sanitized by your representatives.
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r4 '?~ OS-f- /~70-h 1 90 +l~~ap ~-9-1'701,
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c. Requests for removal of classified material,
other than copies of notes, will be considered by you on
a case-by-case basis.
d. All classified material removed from Agency
premises will be stored in accordance with Agency security
standards and will be returned to the custody of the
Agency upon the close of the inquiry or any subsequent
investigation resulting therefrom.
e. The Agency must be notified prior to the public
disclosure of any information based on material provided
by the Agency pursuant to the MOU. After all attempts at
resolving any disagreement have been exhausted, the
Committee will accept a determination by the President
that the disclosure would be likely to cause grave injury
to national defense or foreign relations, or would
compromise sources and methods.
4. Staff Position: DDO, OGC and the Office of Security have been
consulted and are in accord with the wording of the MOU.
5. Recomendation: That you sign the Memorandum of Understanding
so that we may forward it for signature to Chairman Bennett and
Representative Floyd D. Spence (R., S. Car.), Ranking Minority Member.
/5/
Frederick P. Hitz
Legislative Counsel
Attachment:
As stated
Director of Central Intelligence Date
Director of Central Intelligence Date
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Distribution:
0riginal - Addressee w/att
1 - ER w/att
1 - DDCI w/att
1 - DDO w/att
1 - OGC w/att
1 - OS w/att
1 - OLC Subject w/att
I - OLC Chrono w/o att
OLC:LCB:hms (26 June 1979)
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Tpy
Mel As
I! ECm,.~::~~
MEMORANDUM OF UNDERSTANDING f?, a
BETWEEN THE DIRECTOR OF CENTRAL INTELLIGENCE
AND THE HOUSE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT
1. The Director of Central Intelligence (DCI) and the Chairman and
the Ranking Minority Member of the House Committee on Standards of
Official Conduct (Committee) are prepared to cooperate fully in the
inquiries, and any investigation resulting therefrom, being conducted by
STATINTLthe Committee regarding
Access to CIA Information and Personnel
2. The DCI will, when requested, provide access to that classified
information originated by the Central Intelligence Agency (CIA) which is
relevant to the Committee's mandate. In order to fulfill the DCI's
responsibility to protect intelligence sources and methods, such
information will be appropriately sanitized, including excising as may
be necessary, to assure protection of intelligence sources and methods.
The Committee will be notified of any relevant material in the possession
of, but not originated by, CIA and provided with the name of the proper
authority to contact to obtain access to the material.
3. All Committee requests for documentary information will 'be
in writing, signed by the Chairman, Ranking Minority Member or Special
Counsel. In the interest of timely responses, preliminary telephone or
other oral requests will be accepted, but no information will be made
available until a written request is received. Committee requests
for information will be directed to the Chief, Congressional Liaison
Division, Office of Legislative Counsel.
4. Access by Committee personnel to any material or information
which has been designated for protection from unauthorized disclosure by
the Director of Central Intelligence will be limited to eight designated
persons and will be granted only on the basis of the standards set out
in Director of Central Intelligence Directive (DCID) 1/14. Prior to
being granted such access, each of the designated Committee employees
will execute a secrecy agreement which is acceptable to the Chairman,
the Ranking Minority Member and the DCI, a copy of which will be
provided to the DCI.
5. CIA documentary information to which the DCI grants access will
normally be made available only on CIA premises. This documentary
information will be distributed by a CIA representative upon the arrival
of Committee personnel, and will be collected by the CIA representative
prior to the departure of Committee personnel. No CIA documentary
information may be removed from CIA premises or copied by Committee
personnel, except as otherwise provided in paragraph 7 below.
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6.. Notes may be taken by Committee personnel in the course of
reviewing CIA documentary information. All notes so taken are subject
to review and sanitization by CIA. The original notes will remain in
the custody of CIA, with sanitized and appropriately classified copies
of the notes prepared by CIA for transmittal to the Committee.
7. Requests for the removal and storage of classified material,
other than copies of notes, will be considered by the DCI on a case-by-
case basis. Classified material which is removed will not be reproduced.
8. Copies of sanitized notes, and such other classified material
as may be approved by the DCI for removal from CIA premises, may be
stored during the inquiries at a location designated by the Committee,
provided the storage facility and the access and control procedures are
approved by the DCI.
9. Committee procedures for access, control or storage of any
classified CIA material or copies of sanitized notes which Committee
personnel may remove from CIA premises, or classified Committee materials
generated from them, will be in accordance with security standards
established by the DCI. The Committee accepts full responsibility for
the proper protection and control of all such material and all discussions
based on such materials, in-accordance with security standards established
by the DCI, while such materials are in the custody of the Committee.
10. At the close of the inquiry or any subsequent investigation
resulting therefrom, all CIA material, copies of classified notes, and
other classified material generated by the Committee from information
furnished by CIA will be transferred to the custody of CIA.
11. Current CIA employees will not be interviewed in connection
with these inquiries without the prior knowledge and consent of the DCI
or his representative. Interviews of current CIA employees will be
conducted only on CIA premises or otherwise as the DCI may authorize.
The record of each such interview shall be reduced to writing and
will be subject to sanitization by CIA to remove any reference to
intelligence sources and methods before the Committee takes permanent
custody of the final record. A copy of each such final record shall be
made available to the DCI. All copies of preliminary notes and transcrip-
tion tapes or other recording media made at the time of the interview
will be held by CIA until the close of the inquiry or any resulting
investigation, at which time they will be destroyed.
12. In view of the fact that certain ex-employees would be placed
in jeopardy by sudden and unexpected disclosure of their past CIA
affiliation, the Committee will give the DCI an opportunity to advise
it concerning the circumstances of each ex--employee the Committee may
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wish to interview, before contacting the ex--empl oyee. The DCI's represen-
tative will make a good faith effort to locate and notify ex-employees
of the CIA who may become involved in the C .ittee.'s inquiry. As in
the case of interviews of current CIA employees, Committee personnel
will reduce the record of each interview of an ex-employee of CIA to
writing and make that record available for CIA review and sanitization
of any reference'to intelligence sources and methods prior to the
Committee taking permanent custody of the final record. A copy of each
such final record shall be made available to the DCI. All copies'of
preliminary notes or transcription tapes, or other recording media made
during any interview of an ex-employee, from which the written record of
such interview is derived, will be submittedhto CIA representatives by
Committee personnel. CIA will hold these data until the close of the
inquiry or any resulting investigation, at which time they will be-
destroyed,
13. Prior to any interview with, or appearance before the Committee
by, an employee or ex-employee of CIA, the DCI reserves the right-to
contact the empl oyee or ex--empl oyee i n order to. advise the employee or
ex-employee concerning the applicability of his or her secrecy agreement
in the-circumstance, and give instruction concerning the scope'of
information which the employee or ex-employee is' authorized to divulge
in the course of such a proceeding. A representative of the DCI may be
present at all such interviews to advise the employee or ex-employee on
matters relating to the protection of sources and methods.
-Public Disclosure of CIA Information
14. If at any time the Committee determines that it wishes to
make public any information furnished by the DCI pursuant to this
Memorandum of, Understanding the Chairman will notify the DCI of this
fact in writing. If the DCI does not make a written response within ten
working days, the Committee may proceed with such disclosure. If the
DCI responds-in writing within ten working days, indicating he objects
to such public disclosure, the DCI_ and the Committee will each appoint
one representative to meet and attempt to resolve these differences. If
these representatives are unable to resolve all points at issue, those
.remaining points will betaken up by the Chairman, the Ranking Minority
Member, and the DCI?for resolution. If issues still, remain following
the discussion between the Chairman., the Ranking Minority Member, and
the DCI, the Chairman shall notify the President of the information
which the Committee wishes to publicly disclose. The Committee may
disclose publicly such information after the expiration of a period of
ten working days following the notification to the President unless,
prior to the expiration of such ten-day',period, the President, personally,
in writing, notifies the Committee that he objects to the disclosure of
such information, provides his reasons therefore, and certifies that the
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disclosure would be likely to cause a grave injury to national defense .-
or foreign relations, or would compromise sources and methods of intelli-
gence gathering, and that such injury outweighs any public interest
served by the disclosure.. The Committee agrees to accept such a detennin-
at ion by the President. -
15. If at any time Committee personnel submit to the Chairman,
pursuant to the terms of their secrecy agreement, material whith is
intended for.publication, the Chairman will consult the DCI far a
recommendation concerning the release of information which constitutes
or is based upon data to which the DCI has granted access.
TINTL
16. If at any time Committee personnel are called upon by Judicial-
or Legislative authorities to testify about or provide information
which they have agreed not to disclose pursuant to their Secrecy
Agreement, the Chairman will so notify the DCI or his representative:'
Condition for Suspension of Access
17. Any disclosure of information in violation of this Memorandum
of Understanding may result in the suspension of further access to CIA
documentary information or crent CIA employees by Committee personnel.
2 July 1979
Date
Chairman, House Committee on
Standards of Official Conduct
Subcommittee
Ranki ng ffl nori ty Member, House
Committee on Standards of
Official Conduct Subcommittee
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SECRECY AGREEMENT
(print full
name) hereby agree to accept, as a prior condition of my being provided
access to certain classified information held by the Central Intelligence
Agency, the obligations contained in this Agreement.
2. I understand that in the course of my employment or other
service with the House Committee on Standards of Official Conduct
(hereinafter "Committee") I may be granted access by the Director of
Central Intelligence (DCI) to information which is classified in
accordance with the standards set forth in Executive Order 12065, as
amended or superseded, or previous executive orders, including information
which constitutes intelligence sources or methods. I accept that by
being granted access to such information I will be placed in a position
of special confidence and trust and become obligated to protect the
information from unauthorized disclosure.
3. In consideration for being granted such access, I hereby agree
that I will never divulge in any form or any manner any information
which-is classified pursuant to Executive Order which I have obtained 1,n
the course of my employment or other service with the Committee to
any person other than a Member of the Committee or a Committee staff
person authorized by the DCI to receive it, except as provided in
paragraph 6 herein. I understand that the burden will be upon me to
learn whether information or materials within my control are considered
by the DCI to be classified, and who the DCI has authorized to receive
such information or materials.
4. I hereby agree to submit to the Chairman of the House Committee
all information or materials, including
nduct
l C
i
i
,
a
o
c
on Standards of Off
works of fiction, containing any mention of intelligence data or activities,
or any other data which may be based upon information classified pursuant
-to Executive Order, prior to disclosing such information or material
to anyone who is not authorized to have access to such classified
information. I understand that the purpose of submitting said information
or materials is to give the Chairman an opportunity to consult with the
DCI, or the DCI's representative, to determine whether the information
or materials contain any classified information which I have obtained
pursuant to this Agreement. I agree that I will not-take any steps
toward public disclosure until I have received written permission to do
so from the Chairman and from the DCI.
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5. I further understand that all classified information or materials
which I may acquire in the course of my employment or other service with
the Committee will remain the property of the United States Government.
I agree to surrender all such information or materials which may have
come into my possession, or for which I am responsible because of my
employment or other service with the Committee, upon demand of the
Chairman, upon the demand of the DCI with the approval of the Chairman,
or upon the conclusion of my employment or other service with the
Committee.
6. I hereby agree to notify the Chairman in the event I am called
upon by judicial or legislative authorities to testify about or provide
information which I have agreed herein not to disclose. I will request
that my obligation to testify be clearly established before I disclose
such information.
7. I hereby agree to provide at all times the required degree of
protection for information and materials which come into my possession
pursuant to this Agreement.
8. I understand that any violation of the terms of this Agreement
by me may result in the termination of my access to information provided
by the DCI. I also understand that, if I violate the terms of this
Agreement, the United States Government may institute a civil proceeding
to seek compensatory damages or other appropriate relief. Further, I
understand that the unauthorized disclosure of classified information
can, in some circumstances, constitute a criminal offense.
9. 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 resulting from any divulgence, publication
or revelation of information by me which is prohibited from disclosure
by the terms of this Agreement.
10. I understand that the United States Government may, prior to
.any unauthorized disclosure which is threatened by me,.choose to apply
to any appropriate court for an order enforcing this Agreement. 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
Agreement by me. Nothing in this Agreement constitutes a waiver on my
part of any possible defenses I may have in connection with either civil
or criminal proceedings which may be brought against'me. Nothing in
this Agreement limits in any way any of the legal rights, responsibilities,
or privileges which may exist for either party under the Constitution or
laws of the United States.
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11. I understand and accept that, unless I am provided a written
release from this Agreement or any portion of it by the Chairman, with
concurrence therein by the DCI or the DCI's representative, all the
conditions and obligations accepted by me in this Agreement apply both
during my employment, or other. service with the Committee, and at all
times thereafter.
12. I understand that the purpose of this Agreement, including
those provisions intended to prohibit the unauthorized disclosure of
information classified pursuant to Executive Order, is to implement the
responsibilities of the DCI, particularly those specified in the National
Security Act of 1947._.
13. In any civil action which may be brought by the United States
Government for breach of this Agreement, I understand that the law of
the Commonwealth of Virginia shall govern the interpretation of this
Agreement.
14. Each provision of this Agreement is severable. If a court
should find any provision of this Agreement to be unenforceable, I
understand that all other provisions of the Agreement shall remain in
full force.
15. I make this Agreement in good faith, and with no'purpose of
evasion.
Signature
Date
Signature
Printed Name
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OLC 79-1449/5
7 June 1979
MEMORANDUM FOR: Mr C/DCI
Mr /SAG/ODA
Ms CS/LOC/DDO
STATINTL FROM
Associate Legislative Counsel
SUBJECT : Memorandum of Understanding and Secrecy Agreement for
Agency Support to House Committee on Standards of
Official Conduct Inquiries
1. Based on-your advice and counsel, the-attached versions of
the MOU and Secrecy Agreement have been negotiated with the Special
Counsel, House Committee on Standards of Official Conduct. Please
cgordinate a final review within your component, preparatory to
forwarding to the DCI for signature.
2. In addition to summarizing the more important provisions of
each for the OCT, I will point out the following:
a. The MOU establishes no date for the return of any
Agency material which is released, since the Committee may
retain it until "the close of the inquiry, or any
subsequent investigation resulting therefrom".
b. The MOU is silent on security controls for
depositions since the Committee staff members are not
empowered to depose.
c. There is an informal understanding with the
Special Counsel that, if challenged, our reasons for
withholding any material on the basis of irrelavancy
will be explained to the Chairman in camera.
Attachments:
As stated
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE DIRECTOR OF CENTRAL INTELLIGENCE
AND THE HOUSE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT
1. The Director of Central Intelligence (DCI) and the Chairman and
the Ranking Minority Member of the House Committee on Standards of
Official Conduct (Committee) are prepared to cooperate fully in the
inquiries, and any investigation resulting therefrom-, being conducted by
STATINTL the Committee regarding
Access to CIA Information and Personnel
2. The DCI will, when requested, provide access to that classified
information originated by the Central Intelligence Agency (CIA) which is
relevant to the Committee-'s mandate. In order to fulfill' the DCI's
responsibility to protect intelligence sources and methods, such
information will be appropriately sanitized, including excising as may
be necessary, to assure protection of intelligence sources and n;ethods.
The Committee will be notified of any relevant material in the possession
of, but not originated by, CIA and provided with the name of the proper
authority to contact to obtain access to the material.
3. All Committee requests for documentary information will be
in writing, signed by the Chairman, Ranking Minority'Member or Special
Counsel. In the interest of timely responses, preliminary telephone or
other oral requests will be accepted, but no information will be made
available until a written request is received. Committee requests
for information will be directed exclusively to the Chief, Congressional
Liaison Division, Office of Legislative Counsel.
4. Access by Committee personnel to any material or information
which has been designated for protection from unauthorized disclosure by
the Director of Central Intelligence will be limited to eight designated
persons and will be granted only on the basis of the standards set out
in Director of Central Intelligence Directive (DCID) 1/14. Prior to
being granted such access, each of the designated Committee employees
will execute a secrecy agreement which is acceptable to the Chairman,
the Ranking Minority Member and the DCI, a copy of which will be
provided to the DCI.
5. CIA documentary information to which the DCI grants access will
normally be made available only_on CIA premises. This documentary
information will be distributed by a CIA representative upon the arrival
of Committee personnel, and will be collected by the CIA representative
prior to the departure of Committee personnel. No CIA documentary
information may be removed from CIA premises or copied by Committee
personnel, except as otherwise provided in paragraph 7 below.
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6. Notes may be taken by Committee personnel in the course of
reviewing CIA documentary information. All notes so taken are subject
to. review and sanitization by CIA. The original notes will remain in
the custody of CIA, with sanitized and appropriately classified copies
of the notes prepared by CIA for transmittal to the Committee.
7. Requests for the removal and storage of classified material,
other than copies of notes, will be considered by the DCI on a case-by-
case basis. Classified material which is removed will not be reproduced.
8. Copies of sanitized notes, and such other classified material
as may be approved by the DCI for removal from CIA premises, may be
stored during the inquiries at a location designated by the Committee,
provided the storage facility and the access and control procedures are
approved by the DCI.
9. Committee procedures for access, control or storage of any
classified CIA material or copies of sanitized notes which-Committee
personnel may remove from CIA premises, or classified Committee materials
generated from them, will be in accordance with security standards
established and approved by the DCI. The Committee accepts full
responsibility for the proper protection and control of all such material
and all discussions based on such materials, in accordance with security
standards established by the DCI, while such materials are in the
custody of the Committee.
10. At the close of the inquiry, or any subsequent investigation
resulting therefrom, all CIA material, copies of classified notes, or
other classified material generated by the Committee from information
furnished by CIA will be transferred to the custody of CIA.
11. Current CIA employees will not be interviewed in connection
with these inquiries without the prior knowledge and consent of the DCI
or his representative. Interviews of current CIA employees will be
conducted only on CIA premises or otherwise as the DCI may authorize.
The record of each such interview shall be reduced to writing and
will be subject to sanitization by CIA to remove any reference to
intelligence sources and methods before the Committee takes permanent
custody of the final record. A copy of each such final record shall be
made available to the DCI. All copies of preliminary notes and transcrip-
tion tapes or other recording media made at the time of the interview
will be held by CIA until the close of the inquiry or investigation, at
which time they will be destroyed.
12. In view of the fact that certain ex-employees would be placed
in jeopardy by sudden and unexpected disclosure of their past CIA
affiliation, the Committee will give the DCI an opportunity to advise
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it concerning the circumstances of each ex-employee the Committee may
wish to interview, before contacting the ex-employee.. The DCI's represen-
tative will make a good faith effort to locate and notify ex-employees
of the CIA who may become involved in the Committee's inquiry. As in
the case of interviews of current CIA employees, Committee personnel
will reduce the record of each interview of an ex-employee of CIA to
writing and make that record available for CIA review and sanitization
of any reference to intelligence sources and methods prior to the
Committee taking permanent custody of the final record. A copy. of each
such final record shall be made available to the DCI. All copies of
preliminary notes or transcription tapes, or other recording media made
during any interview of an ex-employee, from which the written record of
such interview is derived, will be submitted to CIA representatives by
Committee personnel. CIA will hold these data until the close of the
inquiry, or any resulting investigation, at which time they will be'
destroyed.
13. Prior to any appearance before or interview with any current
employee or ex-employee of CIA by the Committee or Committee personnel,
the DCI reserves the right to contact the employee or ex-employee in
order to advise the employee or ex-employee concerning the applicability
of his or her secrecy agreement in the circumstance, and give instruction
concerning the scope of information which the employee or ex-employee is
authorized to divulge in the course of such a proceeding.
Public Disclosure of CIA Information
14. If at any time the Committee determines that it wishes to
make public any information furnished by the DCI pursuant to this
Memorandum of Understanding the Chairman will notify the DCI of this.
fact in writing. If the DCI does not make a written response within ten
working days, the Committee may proceed with such disclosure. If the
DCI responds in writing within ten working days, indicating he objects
to such public disclosure, the DCI and the Committee will each appoint
one representative to meet and attempt to resolve these differences. If
these representatives are unable to resolve all points at issue, those
remaining points will be taken up by the Chairman, the Ranking Minority
Member, and the DCI for resolution. If issues still remain following
the discussion between the Chairman, the Ranking Minority Member, and
the DCI, the Chairman shall notify the President of the information
which the-Committee wishes to publicly disclose. The Committee may
disclose publicly such information after the expiration of a period of
ten working days following*the notification to the President unless,
prior to the expiration of such-ten-day period, the President, personally,
in writing, notifies the Committee that he objects to the disclosure of
such information, provides his reasons therefore, and certifies that the
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threat to the national interests of the United States posed by such
disclosure is of such gravity that it outweighs any public interest
served by the disclosure. If the President, personally, in writing,
notifies the Committee of his objections to the disclosure of such
information as provided herein, the Committee shall not publicly disclose
such information without leave of the House of Representatives.
15. If at any time Committee personnel submit to the Chairman,
pursuant to the terms of their secrecy agreement, material which is
intended for publication, the Chairman will consult.the DCI for a
recommendation concerning the release of information which constitutes
or is based upon data to which the DCI has granted access.
16. If at any time Committee personnel are called upon by Judicial
or Legislative authorities to testify about or provide information
which they have agreed not to disclose pursuant to their Secrecy
Agreement, the Chairman will so notify the DCI or his representative.
Condition for Suspension of Access
17. Any disclosure of information in violation of this Memorandum
of Understanding may result in the suspension of further access to CIA
documentary information or current CIA employees by Committee personnel.
Director of Central Intelligence Chairman, House Committee on
Standards of Official Conduct
Subcommittee
Date Date
Ranking Minority Member, House
Committee on Standards of
Official Conduct Subcommittee
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SECRECY AGREEMENT
1. I , , (print full
name) hereby agree to accept, as a prior condition of my being provided
access to the intelligence and investigative files of the Central
Intelligence Agency, or information relating thereto, the obligations
contained in this Agreement.
2. I understand that in the course of my employment or other
service with the House Committee on Standards of Official Conduct
(hereinafter "Committee") I may be granted access by the Director of
Central Intelligence (DCI) to information which is classified in
accordance with the standards set forth in Executive Order 12065, as
amended or superseded,. including information which constitutes intelli-
gence sources or methods. I accept that by being granted access to such
information I will be placed in a position of special confidence and
trust and become obligated to protect the information from unauthorized
disclosure.
3. In consideration for being granted such access, 'I hereby agree
that I will never divulge in any form or any manner any information
which is classified pursuant to Executive Order which I have obtained in
the course of my employment or other service with the Committee to
any person other than a Member of the Committee or a Committee staff
person authorized by the DCI to receive it, except as provided in
paragraph 6 herein. I understand that the burden will be upon me to
learn whether information or materials within my control are considered
by the DCI to be classified, and who the DCI has authorized to receive
such information or materials.
4. I hereby agree to submit to the Chairman of the House Committee
on Standards of Official Conduct, all information or materials, including
works of fiction, containing any mention of intelligence data, activities,
or any other data which may be based upon information classified pursuant
to Executive Order, prior to disclosing such information or material
to anyone who is not authorized to have access to such classified
information. I understand that the purpose of submitting said information
or materials is to give the Chairman an opportunity to consult with the
DCI, or the DCI's representative, to determine whether the information
or materials contain any classified information which I have obtained
pursuant to this Agreement*. I agree that I will not take any steps
toward public disclosure until.I have received written permission to do
so from the Chairman and from the DCI.
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5. I further understand that all classified information or materials
which I may acquire in the course of my employment or other service with
the Committee will remain the property of the United States Government.
I agree to surrender all such information or materials which may have
come into my possession, or for which I am responsible because of my
employment or other service with the Committee, upon demand of the
Chairman, upon the demand of the DCI with the approval of the Chairman,
or upon the conclusion of my employment or other service with the
Committee.
6. I hereby agree to notify the Chairman in the event I am called
upon by judicial or legislative authorities to testify about or provide
information which I have agreed herein not to disclose. I will request
that my obligation to testify be clearly established before I disclose
such information. -
7. I hereby agree to provide at all times the required degree of
protection for information and materials which come into my possession
pursuant to this Agreement. -
8. I understand that any violation of the terms of this Agreement
by me may result in the termination of my access to information provided
by the DCI. I also understand that, if I violate the terms of this
Agreement, the United States Government may institute a civil proceeding
to seek compensatory damages or other appropriate relief. Further, I
understand that the unauthorized disclosure of classified information
can, in some circumstances, constitute a criminal offense.
9. 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 resulting from any divulgence, publication
or revelation of information by me which is prohibited from disclosure
by the terms of this Agreement.
10. I understand that the United States Government may, prior to
any unauthorized disclosure which is threatened by me,-choose to apply
to any appropriate court for an order enforcing this Agreement. 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
Agreement-by me. Nothing in this Agreement constitutes a waiver on my
part of any possible defenses I may have in connection with either civil.
or criminal proceedings which may be brought against me. Nothing in
this Agreement limits in any way any of the legal rights, responsibilities,
or privileges which may exist for either party under the Constitution or
laws of the United States.
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11. I understand and accept that, unless-I am provided a written
release from this Agreement or any portion of it by the Chairman,. with
concurrence therein by the DCI or the DCI's representative, all the
conditions and obligations accepted by me in this Agreement apply both
during my employment, or other service with the Committee, and at all
times thereafter.
12. I understand that the purpose of this Agreement, including
those provisions intended to prohibit the unauthorized disclosure of
information classified pursuant to Executive Order, is to implement the
responsibilities of the DCI, particularly those specified in the National
Security Act of 1947.
13. In any civil action which may be brought by the United States
Government for breach of this Agreement, I understand that the law of
the Commonwealth of Virginia shall govern the interpretation of this
Agreement.
14. Each provision of this Agreement is severable. If a court
should find any provision of this Agreement to be unenforceable, I
understand that all other provisions of the Agreement shall remain in
full force.
15. I make this Agreement in good faith, and with no'purpose of
evasion. -
y Signature
Signature
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