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STAT
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FOR OFF USE ONLY
MEMORANDUM FOR:
VIA:
FROM:
SUBJECT:
REFERENCE:
01T-0997-89
21 August 1989
Executive Officer, Office of Security
Deputy Director of Information Technology
CIA Archivist
Classified Information in the Rockefeller Vault
at Pocantico, New York
A. Memo to DDA from DCI dated 5 May 1989,
(ER 89-1947)
B. Letter to Judge Tyler from DCI
dated 15 May 1989 (DDA 89-0814)
C. Memo for the Record by
8 August 1989 (OS 89-3129)
STAT
dated STAT
D. Letter to Office of the Vice President from
Director of Security, dated 9 December 1976
1. Paragraph 8 contains a recommendation and action plan
to resolve the problem of classified records being stored in
the Rockefeller vault at Pocantico, New York.
2. Background:
a. At the request of the Staff Security Officer,
Office of the Vice President (VP) in November 1976 the CIA
Office of Security approved the Rockefeller vault at
Pocantico New York for the storage of classified
information up to and including SCI. It is assumed that
some records were put there at this time (Reference D).
b. When Nelson A. Rockefeller (NAR) returned from
Washington in 1977, he arranged through the Office of
Military Affairs of the VP and the National Security
Council to have classified papers accumulated during his
two years as VP moved to the approved storage space in
safes in the vault at Pocantico. There is no record of
any further contact between NAR and CIA concerning records
or the vault.
FOR OFFICIAL LY
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nix orriuiAL Ubt ONLY
SUBJECT: Classified Information in the Rockefeller Vault
at Pocantico, New York
c. On 5 May 1989, Judge Harold Tyler of the law firm
Patterson, Belknap, Webb, and Tyler at 30 Rockefeller
Plaza, New York, New York, 10112, who represents the
Rockefeller family interests, called the DCI. Judge
Tyler's call was to notify the DCI that in a barn, inside
a locked room, there is a vault containing four file
cabinets of classified documents and to request guidance
for handling the custody and/or disposal of the records.
The DCI tasked the DDA to investigate, to provide guidance
to the Rockefeller family, and to protect sources or
methods. The Executive Secretariat assigned action to the
DDA with info to DDCI, OGC, D/OS, C/IMS, and C/IMD/OIT
(Reference A).
d. The DDA in turn assigned action to the Office of
Security (OS) and the OS/E0, was assigned
point-of-contact. In a letter dated 15 May 1989, the DCI
thanked Judge Tyler and told him that OS would assist in
reviewing the documents and make appropriate disposition
of them (Reference B).
e. contacted the undersigned (CIA
Archivist) and OGC for assistance in
determining a solution to the problems. IMS/DO also
contacted the undersigned to find out what action IMD was
taking. I assured the DO that I was acting in my capacity
as Agency Archivist and would look after all Agency
concerns. On 17 July 1989, a strategy meeting was held in
office where the decision was made to go to
a Preliminary review of the records. On
PTS/OS;
CIA Archivist, traveled
to the Rockefeller Estate at pocantico, New York
(Reference C).
Pocantico for
1 August 1989
3- Facts Bearing
a. There are CIA-originated records bearing national
security classification up to TOP SECRET and SCI in the
vault at the Rockefeller Estate at Pocantico, New York.
b. The records created or received by NAR in his
capacity as VP are the legal property of the Rockefeller
Estate.
2
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STAT
STAT
STAT
STAT
STAT
STAT
?
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FOR OFFICIAL ubh ONLY
SUBJECT: Classified Information in the Rockefeller Vault
at Pocantico, New York
c. The records concerning the Rockefeller Commission
on CIA Activities in the United States, the Murphy
Commission, the Intelligence Reorganization records
created or received by NAR when he was Special Assistant
to President Eisenhower in 1955, and all other records not
created or received by NAR as VP are the property of the
US Government.
d. There are security procedures for handling
classified information within the Office of the VP in CFR
32, Chapter 2800. Unfortunately, this regulation does not
cover procedures for handling these papers after the VP
leaves office.
e. OS has procedures for ?closing out a vault
arrangement and returning government records to the
Agency. Unfortunately these procedures would not cover
the VP records which are the personal property of the NAR
estate.
4. Agency Concerns:
a. Proper physical protection of the National
Security Information stored in the Rockefeller vault;
b. Current and future access to these records.
5. Rockefeller Family Concerns:
a. Disclosure of information that would embarrass NAR
or the Rockefeller family;
b. Maintaining the integrity of the records for
future historical research;
c. That if in government custody, the records would
be subject to Freedom of Information Act (FOIA).
d. Controlling future access to the records.
6. Discussion:
a. There were several alternatives discussed with the
Rockefeller representatives that included: sending all of
the records to the CIA Archives, where they could be kept
together and be available to authorized researchers;
3
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FOR OFFICIAL USE ONLY
SUBJECT: Classified Information in the Rockefeller Vault
at Pocantico, New York
sending all records to the National Archives; building a
vault and retaining all of the records as part of the
private Rockefeller Archives; separating the collection
into classified, unclassified, and personal; and sending
the entire collection to the Ford Presidential Library.
b. After considering all of the alternatives, I have
concluded that the only one that meets all of the concerns
of the government and the Rockefeller family is for
Mrs. Rockefeller to deposit the entire collection in tact
with the Ford Presidential Library in Ann Arbor,
Michigan. The Ford Library has been approved by CIA for
the storage of National Security Information up to and
including TOP SECRET and SCI. Mrs. Rockefeller would
control access and no classified information would be
released without the originating agency's approval. (This
is the procedure already in effect for all CIA information
in all presidential libraries.) Additionally, once
deposited with the Ford library, the records would not be
subject to FOIA. They would, however, be subject to
subpoena as in fact they are now. Under this plan, the
Rockefeller family could retain any personal
correspondence in the Rockefeller Archives.
7. Coordination:
I have verbally coordinated the above with STAT
OGC; DO/IMS; John T. Fawcett, Assistant STAT
Archivist for the Office of Presidential Libraries, NARA; and
Edwin A. Thompson, Director, Records Declassification Division,
Office of National Archives, NARA and all agree the Ford
Library is the best solution.
8. Recommendations:
a. That CIA recommend to the Rockefeller Estate
representatives that the Papers in the three safes in the
vault be deposited with the Gerald R. Ford Library at Ann
Arbor, Michigan;
b. That CIA representatives return to New York to
personally present the recommendations;
c. That the CIA Archivist put the Rockefeller Estate
representative in touch with the Archivist in charge at
the Ford Library to negotiate the Deposit Agreement;
4
Fnp (WPTCTAT. 11P miLv
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FOR OFFICIAL USE ONLY
SUBJECT: Classified Information in the Rockefeller Vault
at Pocantico, New York
d. That CIA maintain control over access until the
records are located in the Ford Library vault;
e. That CIA assist with the physical transfer of the
three safes to the Ford Library at Ann Arbor, Michigan.
CONCUR:
nology
Executive fficer,
ice o ecurity
General Counsel
5
2, 4 AUG 1
Date
Date
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ER 89-1947
5 May 1989
MEMORANDUM FOR: Deputy Director for Administration
FROM: Director of Central Intelligence
SUBJECT: Telephone Call from Judge Harold Tyler
1. I received a call today from Judge Harold Tyler,
formerly Deputy Attorney General. He represents the
Rockefeller family interests.
2. At the Rockefeller family estate in Pocantico,
New York, there is a "barn." Inside a locked room in the barn
is a vault area containing four file drawers of "classified
documents."
3. Judge Tyler is under the impression that this location
was previously approved by the CIA. The family does not know
what is in the file drawers, but I think it is reasonable to
assume that they contain documents from the Rockefeller
Commission inquiry into CIA activities.
4. Apparently the barn is being given away and the
question arises?what to do about the "classified documents."
I would appreciate it if you could track back our relationship
to these documents, if any, and provide some guidance for
handling their custody and/or disposal. I'm sure the family
would be agreeable to our having a representative present when
the doors are opened, at least to establish whether we have a
custodial interest. My own responsibility for protection of
sources and methods should provide an additional basis for our
participation.
5. Please advise so that I may get back to Judge Tyler.
(ma-NA)
William H. Webster
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intriliscmc nst-ncy
DDA 89-0814
Vkis'encon D C 20505
May 15, 1989
The Honorable Harold R. Tyler, Jr.
Patterson, Belknap, Webb and Tyler
30 Rockefeller Plaza
New York, New York 10020
Dear r:
Thank you for your call regarding the documentation
contained within the vaulted area at the Rockefeller family
estate in Pocantico, New York.
The Agency's Office of Security did indeed survey and
approve the vaulted area for storage of classified material in
1975, with the understanding that documentation relevant to the
Rockefeller Commission would be stored there. Representatives
from the Office of Security are available at your convenience
and should now assist in the opening of the vault and review of
material. Government documentation will be returned to the
Agency for appropriate disposition. The point of contact
within, the Office of Security is who can be STAT
contacted directly on if you wish. STAT
I appreciate very much your bringing this matter to my
attention. Please don't hesitate to call if there are other
ways in which I can assist.
Sincerely,
William H. Webster
Director of Central Intelligence
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STAT
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MEMORANDUM FOR THE RECORD
OS 89-3129
"8 AUG Sta
SUBJECT: Rockefeller Vault at Pocantico
1. On 1 August 1989 myself C/Information
Management Division/OIT; /Physical Security
Equipment Division/PTS; an ,OGC, traveled to the
Rockefeller Estate at Pocantico, New York, to conduct an
initial survey of the classified holdings there. This survey
resulted from a request by Judge Harold Tyler, representing the
Rockefeller family, to the DCI to assist in the disposition of
these classified holdings.
2. We were met by Richard Savage and Mary Kresky of the
legal firm of Paterson, Belknap, Webb and Tyler, as well as
Mr. David Wycrop, C/Security at the estate. The facility was
originally surveyed by the Office of Security in 1975 at which
time it was certified to store Top Secret/SCI material. There
now is a plan for the future to open the current facility to
the Rockefeller Foundation and other outside personnel. This
was the reason for Judge Tyler's current request.
3. During our survey, the following points were determined:
o A large vault is located in the basement of the
carriage house. It contains, along with personal items
and papers belonging to the family, four four-drawer
safes. One is inoperable/empty; the other three are
functioning and all 12 drawers are full.
o The material is unclassified and classified. The
classified material consists of both personal memoranda
generic reports, briefings and documents. The classified
material runs the gamut from Limited Official Use Only
through Top Secret/Codeword. Multiple agencies are the
originators of the classified material.
o The classified materials are interspersed with the
unclassified so as to prevent a convenient separation.
Sorting the material will require a page-by-page review.
CONFIDENTIAL
STAT
STAT
STAT
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SUBJECT: Rockefeller Vault at Pocantico
o While the facility technically meets TS/SCI
certification, this is negatively impacted by the fact that
the Rockefeller staff had the combinations to the safes.
Numerous staff (who do not have the combination to the
safes) have access to the vault. The Rockefeller security
force responds to the alarms, and there is no S.O.P. to
interface with USG security in the event of an alarm or
incident.
o The Rockefeller family wishes to maintain some
control over documents which are of a personal nature,
regardless of classification, and wishes to maintain the
continuity of this collection for future historical
purposes.
4. The principle action taken at this time was to change
the combinations to the three safes holding the classified
material and maintain them solely in Agency possession (these
new combinations are attached for OS). The family also now has
a point of contact in the Agency should there be an incident.
Future actions are as follows:
o The Rockefeller family will identify someone to act
on their behalf during the process of sorting the
classified and unclassified material. OS will work to
clear this person to the Secret level. The family has
agreed that they will rely on the Agency to make
determinations for material above the Secret Collateral
level.
o OIT will investigate archiving possibilities which
might satisfy the desires of the family and maintain the
integrity of the Agency's responsibility for this
material. OIT will provide a separate MFR describing this
effort.
o OGC will investigate any legal issues involving the
various options OIT develops, as well as FOIA and privacy
matters. OGC will provide a separate MFR on their efforts.
2
CONFIDENTIAL
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SUBJECT: Rockefeller Vault at Pocantico
5. According to the family, there is no critical time
factor. Any change in status of the facility is projected to
take an additional six months. However, there is some urgency
to assure the proper storage of this material. At this time, I
did not feel any additional measures should be taken until a
clearer plan could be developed. We advised the family's
representative that we may not be able to completely satisfy
their wishes, if at all, but that whatever the plan for final
disposition, we would advise them of it up front. They were
appreciative of this and this initial survey was amicably
concluded.
6. Upon my return, I checked with our Special Security
Center to see if they had any records for the Rockefeller
SCIF. They did not but will now set one up. They are not
aware of any other "unique" situations such as this. They also
assured me that there are procedures for closing registered
SCIFs and returning the material as appropriate. This would
appear to be a "unique" situation which "fell through the
cracks" and thanks to Judge Tyler can now be corrected.
Distribution:
Orig -
1 -
1 -
1 -
1 -
1 -
1 - C/SSS
1 - OS Registry
OIT
OGC
DC/OG w/att
EXA/DDA
3
CONFIDENTIAL
STAT
STAT
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STAT
1
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(,?_I
CENTRAL INTELLIGENCE AGENCY
WASHINGTON, D.C. 20505
7: DEC 1276
MEMORANDUM FOR: Mr. Ralph E. Martin -
Staff Security Officer
Office of the Vice President
FROM ?
. Robert W. Gambino
Director of Security
SUBJECT ?
. Accreditation of Vault at Vice President's
Residence, Pocantico Hills, New York -
%
REFERENCE ?
. Telephonic Request by Staff Security
Officer, Office of the Vice President
16.November 1.976
Pursuant to the request of the Staff Security Officer,
Office of the Vice President, the vault at the Pocantico
Hills, New York, residence of the Vice President was surveyed
by CIA security officers in December 1975 to determine ifs
adequacy for storage of classified material. Following the
survey certain recommended modifications were effected. The
vault now meets the minimum physical security standards for.
thestorage of classified material, including sensitive
compartmented information. The vault is, therefore, now
accredited for the storage of such material.
/r Robert W. Uambino
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STAT