MOU BETWEEN CIA AND SSCI

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00821R000100140041-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 19, 2016
• Document Release Date: October 11, 2005
• Sequence Number: 41
• Publication Date: January 24, 1977
• Content Type: FORM

Approved' W 3e 0IZ R6 N080000100140041-6
171
SUBJECT-
TAT l i
S
FRO
STA
ssi Counsel..
copy of the Memorandum of .
10.
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24 January 1977
COMMENTS Number cocb common) to- nllnr 6rarn wham
to whom. Grow a line across column Gila' each commert)
Bill Miller, SSCI Staff Director,
gave me on Friday the signed
Understanding between the. Agency
and the SSCL I asked Miller U.
the Committee was planning to
send us copies of each signed
nondisclosure agreement and
he responded that.-they were not
planning .on it, but that they would.
after each of the members of the
staff had signed it.
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WILT ~.t+.:. a~i1` Et
 gEMORANDUM OF UNDERSTANDIIl~' -
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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 Information."
c. Under 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. W1 the SSCI reaches a tentative . de ' on to employ
such an indiv.,iu,1
prior to irnplh-nienting this A...:i
on, a copy
of t} EQu thFo
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furnished to the DCI or the DCI's designated: representative, by
the SSCI.
whether the individuat-will or will not actually be employed..-.:.
e. The DCI or the DCI's designated representative will
review the summary memorandum and supporting materials for
the purpose of determining whether the individual meets the
criteria for access to sensitive compartmented information as
specified in DCID 1/14. 'If the DCI's 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
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', 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 DCI's 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.
Aprprgvc d Far.E tease 20Q IOi/3_{= _ . ? ~ :
 c. The "CI shall insure that the review of `he summary -
memorandum ~-..d ckground materials 1-ovidei.. .' ~.e S5GZ
is acARRfAYA(FP a ge 40a6~i~11~l%it l- t O( 21 01d001 0041-6
competent to conduct such review: s . Further, the DGI 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 regul.a-
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.
 5' i Q rq veaFdiieas n10Obc/O1 l~'1 `i~~ [
establish the 'following procedures, to prevent t
-closure of protected information:
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40041-6
icy un:iu ~' Sze das-
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 SCI 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 SSC seeking to publish, or otherwise
disclose, any.material concerning the activities of, or information
held by, the Committee shall submit this material, in 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 rtiay exist under S.
Res. 400, statutes, or the Constitution of the United States.
17 2 7
Date
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I~ 0 10014 T 1-6,?
NONDISCLOSURE AGREEMENT BETWEEN SSCI EMPLOYEE AND 191 SSCL
?
I in consideration for being
employed by or engaged by contract or otherwise to perform services for
or at the request of, the Senate Select Committee on Intelligence (SSCI) do
hereby agree to accept as conditions precedent for my employment or engage-
ment and for my continuing employment or engagement with the SSCI the
obligations set forth below:
1. I.have read Senate Resolution 400 of the 94th Congress, 2d Session'...
which established the- SSCI. I hereby agree to be bound by the rules of the
Senate, including those within the jurisdiction of the Select Committee on
Standards and Conduct.
2. 1 have also read the Rules of the SSCI and hereby agree to be bound
by. them. I will never divulge, publish, or reveal by writing, word, conduct,
or. otherwise, either during my tenure with the SSCI or anytime thereafter,
any testimony given before the SSCI in executive session (including the
name of any witness who appeared or was called to appear before the SSCI
in executive session), the contents of any material or information received
or generated by the SSCI which has been identified under established SSCI
security procedures or Executive Order or by the Director of Central
Intelligence (DCI) as requiring protection from unauthorized disclosure and
to which I have access during-my tenure with the SSCI staff, or any informa-
tion classified under Executive'Order 11652 which may otherwise come into
my possession during my tenure with the SSCI staff, to any person not a
member of the SSCI or SSCI staff, for any purpose or in connection. with any
proceeding, judicial or. otherwise, except as authorized by the SSCI in
accordance with Section 8 of S. Res. 400, and the SSCI Rules, or in the
event of the termination of the SSCI in such a manner as may be determined _
by the Senate. Nothing in this section prohibits my referencing, so long
as accompanied by citation. such material or information which appears
in open sources provided the use of the information does not explicitly
confirm the validity of the contents of the cited material. .
3. I hereby agree to familiarize myself with the SSCI security pro-
cedures and to provide at all times the required degree of protection for
information and materials which come into my possession by virtue of my
position with the SSCI so that they will not be disclosed except-as directed
by the SSCI in accordance with Section 8 of S. Res. 400 of the 94th Congress
and. the SSCI Rules or in the event of the termination of the SSCI in such a
manner as may be determined by the Senate.
 4. I hereby ( that the contents of any Matti t ir.formZttion
--which I am4p d teall ec~ise~~~~/QA~/i i:=d31~aRE 86a~d~~ Ub 9 -S
conduct, or otherwise: pursuant to Section ? of this Agreement, and which
is contemplated for publication or actually prepared for publication by
me either during my tenure with the SSCI staff or anytime thereafter,
will, prior to discussing it with or showing it to any publhthers, editors,
or literary agent:-., be submitted to the Chairman and Vice Chairman of
the SSCI who shall consult with the DQ1.or.the DCPs designated repre-
sentative, for the purpose of determining whether said material or infor-
mation Contains any information which I pledge hereby not to disclose.
A good faith effort shall be made to:arrive-at such a determination and.
to notify me within 30 days. If the DCI and the.Chairman and Vice Chair-
man disagree about its disclosure, I recognize that the ,procedures for
disclosure of information described in Section 8 of S. Res. 400 of the
94th Coiigress shall be followed, or, in the event of the termination of
the SSCI, the procedures which may them be deterrmined.by the Senate.
I further agree that I will not-take any steps toward publication until I
have received written permission from the Chairman and Vice Chairman
of the SSCI, or, in the event of the termination of the SSCI, the authoriza-
tion as may then be required by the Senate.
5. I hereby agree to report without delay to the SSCI, or in the event
of the termination of the SSCI, the Senate, any incident where an attempt is
made by any person not a member of the SSCI staff to solicit from me infor-
mation which I pledge hereby not to disclose.
? %6. 1 hereby agree to immediately notify the SSCI, or in the event of
the SSCI's termination, the Senate, in the event that I am called upon by- the
properly constituted authorities to testify or provide information which I am
pledged hereby,not to disclose. I will request that my obligation. to testify
is established before I do so.
7. I hereby- agree to surrender to the SSCI, or the DCI with the
approval of the Chairman and Vice Chairman,-upon demand by the Chairman
and Vice Chairman of the SSCI, or upon my separation from the SSCI staff,
all material and information which I. am pledged not to divulge, publish or
reveal by writing, word, conduct or otherwise pursuant to Section 2 of this
agreement.
8. I understand that the SSCI Rules provide that the employment of
any staff member who violates the Rules shall be immediately terminated.
9. I understand that, in the event the SSCI seeks to terminate my
employment on the basis that I have violated the terms of this agreement, the
SSCI will provide me, in advance of my termination, a written statement
setting forth the alleged violations with which I am charged.
 C
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10. I hereby assign to the United States Government all rights, title
and interest in any and all royalties, remunerations, and emoluments that
have resulted or will result or may result from any such divulgence, publica-
tion or revelation of -information prohibited from disclosure under the terms
of this agreement.
I,1. I understand that the United States Government may, prior to
any unauthorized disclosure by me,: choose to apply to any appropriate
court for an -appropriate order prohibiting disclosure. -Nothing in this
agreement constitutes a waiver on the part of the United States, for criminal
prosecution for any breach of this agreement on my part. Nothing in this
agreement constitutes a waiver on my part of any possible defenses I may
have in connection with either-civil or criminal procedures which may be -
directed 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 S. Res. 400 or the laws or the Constitution of the United States.
_12. I have read the provisions of the Espionage Laws, Sections 793,
794, and 798, Title 18 of the United States Code, and Section 783(b) of
Title 50 of the United States Code (copies of which are attached) and I am
aware that unauthorized disclosure of certain types of information may
subject me to. prosecution for violation of these laws. I have read Section -
1001 of Title 18, United States Code (a copy of which is attached) and I
am aware that the making of a false statement herein, is punishable as
a felony. I have also read Executive Order 11652, as amended, and the
implementing National. Security Council Directive of 17 May 1972, as
amended, (copies of which are attached) relating to the protection of
classified information.
13. Unless released. in writing from this agreement, or any portion
thereof, by the Chairman and Vice Chairman of the SSCI with the concurrence
of the DCI, I recognize that all the conditions and obligations imposed on me
by this agreement apply during my Committee employment or engagement -
and continue to apply after the relationship is terminated. -
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T make this agreement without any mental reservations or purpu_ e of
evasion, and I :agree that it may be used by the SSCI' in carrying out its duty
to protect the security of information provided to it.
Signature
Signature
' / }p ro d Fs 2elea (3~f/0; /1 . -.Fd cRDRW --944-? Rt190I04140.Q