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FBI Files: Talking Points [1]
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FBI Files: Talking Points [1]
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Records of the Office of the Counsel to the President (Clinton Administration)
Kathleen Wallman's Files
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Case Number: 2006-1066-F.
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the Clinton Presidential
Library Staff.
Folder Title:
FBI Files: Talking Points [1]
Staff Office-Individual:
Counsel's Office-Wallman, Kathleen
Original OA/ID Number:
CF 849
Row:
Section:
Shelf:
Position:
Stack:
21
4
4
2
V
Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. draft
memo. Security Procedures for the EOP Security Office [with
08/01/1996
b(2), b(7)(E), b(7)(F)
attachments]. (19 pages)
COLLECTION:
Clinton Presidential Records
Counsel Office
Kathleen Wallman
OA/Box Number: CF 849
FOLDER TITLE:
FBI Files: Talking Points [1]
2006-1066-F
vz3602
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRAJ
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office |(a)(2) of the PRAJ
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute |(b)(3) of the FOIA]
financial information |(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
CC
ICATIFY
CANADA OFICE OF THE OFFICE OF OF PRESIDENT WTAR UNITED THE
EXECUTIVE OFFICE OF THE PRESIDENT
8.2
OFFICE OF ADMINISTRATION
WASHINGTON, D.C. 20503
August 1, 1996
MEMORANDUM FOR
DISTRIBUTION
FROM:
NELSON GENERAL W. COUNSEL CUNNINGHAM me
SUBJECT:
Draft EOP Security Office Procedures
With the incorporation into the EOP Security Office of the former responsibilities of the
White House Office of Personnel Security, we have drafted a uniform set of procedures for
the EOP Security Office. Because these procedures will govern how security investigations
for your staff will be conducted, and will govern your access to information, we are
circulating the draft for your comments.
Please let me have your comments by Wednesday, August 7, 1996.
Distribution:
WHO - Jack Quinn, David Fein
OVP - - Kumiki Gibson
CEA - Michele Jolin
CEQ - Dinah Bear
NSC - Alan Kreczko
OMB - Bob Damus
ONDCP - Ed Jurith
OSTP - Jonathan Foster
PFIAB - - Frank Fountain
USTR - Jennifer Hillman
ExRes - Gary Walters
THE WHITE HOUSE
file carplience licence
WASHINGTON
and wetter. Firl files
July 30, 1996
MEMORANDUM FOR LEON PANETTA
CHIEF OF STAFF
FROM:
JACK QUINN
COUNSEL TO THE PRESIDENT
SUBJECT:
ACCESS TO FBI BACKGROUND INVESTIGATIONS
As outlined in my memorandum to you of June 14, 1996, our new procedures restrict
access to FBI background investigation information to those White House employees who are
authorized in writing by the Chief of Staff and the Counsel to the President and whose
assigned duties require the review or processing of such information.
I recommend, in addition, that access to background investigation information be
compartmentalized. That is, employees whose assigned duties require the review or
processing of background investigation information should have access only to those
categories of background investigations that are necessary to perform their assigned duties.
This approach is set forth more specifically on the attached chart.
The employees identified on this chart, if approved by you and me, shall have access
to those FBI background investigations necessary to their duties. I recommend that you
approve the access list set forth on this chart.
Jane 4mi
ACCESS TO FBI BACKGROUND INVESTIGATIONS
JACK QUINN
COUNSEL
KATHLEEN WALLMAN
Access Only For EOP
DEPUTY COUNSEL
Personnel (including
WH Passes) :
CHUCK EASLEY
EOP SECURITY OFFICE
Access Only For WH Passes:
DAVID FEIN
TREY SCHROEDER
Access Only For Judicial Nominees:
PETER ERICHSEN
Access Only For Presidential Appointees:
DAVID FEIN
TREY SCHROEDER
KATHLEEN WHALEN
CLIFF MAUTON
APPROVED BY:
JACK June
QUINN 4 m
7/30/96
DATE
LEON PANETTA
DATE
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PAGE 02
U.S. Department of Justice
Federal Bureau of Investigation
Office of the General Counsel
Washington, D.C. 20535
August 2, 1996
Mr. John M. Quinn
Counsel to the President
The White House
Washington, D.C.
Dear Mr Jockn:
Following Deputy Attorney General Gorelick's approval
of revised procedures for dissemination of FBI file information
to the White House, follow-up coordination among cognizant FBI
and White House staffs identified a number of opportunities for
improving and refining this process while continuing to
scrupulously guard its integrity. This confirms the resulting
resolutions.
The staff discussions indicated that it would be
helpful to review the nature of the various FBI personnel
investigations currently available to the White House. These are
detailed in enclosure (1).
The new form by which White House components will
request FBI personnel investigations will have two versions, one
bearing a White House letterhead and one bearing an Executive
Office of the President (EOP) letterhead. This will help
maintain a clear demarkation between records of the White House
Office and EOP records. Enclosures (2) and (3) are copies of
these two versions.
The new forms embody a number of modifications to
improve their accuracy and utility. A number of ancillary
procedural clarifications have also been addressed. These are
summarized in enclosure (4).
I have received your letter to Director Freeh of June
17, 1996, providing the names of attorneys in the White House
Counsel's Office authorized to approve White House (but not EOP)
requests. I request that the FBI be provided by official
correspondence with specimen signatures of these attorneys for
our comparison in reviewing requests, and that we further be
apprised by official correspondence of any subsequent changes of
approval authority.
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Mr. John M. Quinn
I would like to express my appreciation for your and
your staff's outstanding effort, cooperation, and assistance in
this endeavor. Please don't hesitate to let me know if my office
can be of assistance in resolving future issues which may
surface. For staff coordination, my points of contact are Pat
Kelley, Chief of our Administrative Law Unit, and Bill Miller of
that unit. Either may be reached at (202) 324-4523.
sincerely,
Howard M. Shapiro
General Counsel
Enclosures (4)
2
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SUMMARY OF FBI PERSONNEL INVESTIGATIONS
CURRENTLY PROVIDED TO THE WHITE HOUSE / EOP
Rev. 8/02/96
Requests Under EADSU Cognizance
The Executive Agencies Dissemination Subunit (EADSU)
(known colloquially as the "Name Check Unit") processes requests
which only require a file search of existing FBI records
accessible from FBI Headquarters. EADSU handles two types of
requests:
1. Name Checks. These entail name searches of
pertinent components of three main FBI file systems. Requestors
will be apprised of the search results and provided appropriate
summaries or extracts of any relevant information located. The
three file systems searched are:
a. FBI Central Records System (CRS). This system
includes individuals who relate in any manner to official FBI
investigations (both closed and open) including subjects,
suspects, and close relatives and associates who are relevant to
an investigation. This search is conducted against FBI
Headquarters central indices and information management
applications in which these individuals are indexed by name. 1
b. National Crime Information Center (NCIC)
"wanted persons" files. This search encompasses data entered by
authorized officials of the Federal Government, the States,
territories/possessions, local jurisdictions, and certain foreign
governments relating to wanted persons and certain other persons
of interest to law enforcement authorities as follows--
- individuals for whom Federal warrants are
outstanding;
- individuals for whom a felony or serious
misdemeanor State/local warrant has been issued;
- probation and parole violators meeting the
foregoing criteria;
- individuals for whom a "Temporary Felony
Want" has been entered under circumstances precluding the
immediate procurement of a felony warrant;
1 It should be noted, however, that the FBI does not index all individuals who furnish information or all
names developed during the course of an investigation; only those names considered pertinent, relevant, or
essential for future retrieval are indexed. Moreover, in some instances Headquarters indices may not reveal
information available in FBI field offices but not forwarded to FBI Headquarters.
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- juveniles who have fled after being charged
with commission of a delinquent act that would be a crime if
committed by an adult or who have been abjudicated delinquent and
who have escaped or absconded from custody, even though no arrest
warrants were issued;
- individuals who have committed or have been
identified with an offense committed in a foreign country, which
would be a felony if committed in the United States, and for whom
a warrant of arrest is outstanding and for which act an
extradition treaty exists between the United States and that
country;
- missing persons;
- individuals designated by the U.S. Secret
Service as posing a potential danger to the President and/or
other authorized protectees; and
- individuals about whom investigation has
developed sufficient information to establish membership in a
particular violent criminal gang or in a particular terrorist
organization.
C. Interstate Identification Index (III). This
system (which is a separate component of NCIC) encompasses
individuals who have been fingerprinted and whose automated
criminal history record information ("rap sheets") have been
entered into the system by Federal, State, or local criminal
justice authorities. This system is searched using the full
biographical identification information (name, date of birth, 2
social security number, etc.) provided by the requestor.
2. Requests for Copies of Reports of Prior FBI
Background Investigations (BIs). EADSU locates any prior FBI BI
reports and provides the requestor a copy of each such report
(except for outdated non-derogatory reports). However, no new or
supplemental investigative efforts are undertaken.
Requests Under SIGBIU Cognizance
The Special Inquiry and General Background
Investigation Unit (SIGBIU) processes those requests which will
require use of and coordination with FBI field resources. SIGBIU
2 Since simple name checks are submitted without fingerprint cards, no manual check of FBI fingerprint
records is possible, and without fingerprint confirmation, search results based only on biographical data can
never be absolutely validated as relating to the actual subject. However, when name checks are conducted in
connection with an inquiry which includes fingerprint cards (e-g., background investigation), the search will
also include an actual comparison against FBI criminal fingerprint files.
2
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tasks FBI field resources as warranted and combines resulting
inputs with the results of SIGBIU's own inquiries into a report
summarizing information developed. SIGBIU handles five main
types of requests:
1. Full Field Investigations (FFI) (Levels I, II, or
III). An FFI is a BI which encompasses personal interviews and a
wide range of records checks (including all those involved in an
expanded name check, discussed below) The scope of the
investigation will depend on the position involved and whether or
not there has been a previous BI concerning the subject. In all
cases, however, the investigation will thoroughly and completely
address any unfavorable information or issues developed. The
three FFI levels³ are:
- Level I. Covers the extent of the subject's
adult life. (Primarily utilized on all cabinet-level, inspector-
general, judicial, and senior White House staff appointments.)
- Level II. Covers the past 15 years of the
subject's life, or since age 18, or at least the last 2 years.
(Primarily utilized for other full-time presidential appointments
and White House and National Security Council staff/access
positions.)
- Level III. Covers the past 10 years of the
subject's life, or since age 18, or at least the last 2 years.
(Primarily utilized for support, access, and maintenance
positions at the White House, and part-time presidential
appointments.)
2. 5-Year Reinvestigation (90-Day Update) (Levels II
or III). Covers the period of the person's life since a previous
BI conducted by the FBI when the person has had continuous
employment since the last BI. (Full Field BI's should be updated
every 5 years; "90-day" refers to the FBI's target for completing
such updates.) The scope of items addressed is more extensive
for Level II.
3 These levels reflect unique categories which since at least 1990 have defined the scope of background
investigations conducted by the FBI for the White House/EOP. In 1995, however, the Administration
approved new background-investigation questionnaire forms (SF-86, SF-85P, and SF-85), and OMB has
required that the new forms be used government-wide by 9/1/95. The new SF-86 limits the scope of
questioning on most sensitive issues to seven years. Even the least comprehensive of the White House levels
thus exceeds the new OMB limits, and the OMB limits also conflict with certain existing national security
standards. Agencies may. however, use different forms (and different time limits) with prior approval from
OMB, and it may be that the White House (though not the EOP) is not constrained by the OMB limitations
in the first place. Whether or not these levels will continue to be utilized is the subject of ongoing
discussions between the White House/EOP and the FBI.
3
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PAGE 07
3. Expanded Name Checks. In addition to the same
searches conducted for regular name checks (as indicated above),
an expanded name check also includes checks of local indices in
FBI field offices where the subject works and resides, and checks
of the civil and criminal files of the United States Attorneys'
offices at these same locations.
4. Limited Updates. Conducted at White House request
when a Full Field BI has been completed within the last 5 years.
Limited Updates are limited to: an interview of the subject;
interviews of persons who are familiar with the subject in a
professional capacity; appropriate records checks, i.e., FBI
Headquarters and pertinent field office indices, law enforcement
agencies, pertinent United States Attorneys' offices, and
appropriate state and/or Federal agencies; and any issues
identified on the Standard Form 86 or developed during the course
of the Limited Update that have not been previously explored.
5. Limited Inquiries. These would encompass other
inquiries appropriate under the circumstances of particular
cases. Examples would include follow-up inquiries conducted to
resolve particular issue (s) or question (s) usually arising from a
regular or extended name check or after the completion of a full
field background investigation.
4
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(8-02-96)
THE WHITE HOUSE
WASHINGTON
Date
To:
Federal Bureau of Investigation
Attn:
EADSU (Room 4965)
SIGBIU (Room 4371)
From: The White House
EOP Security Office
White House Counsel's Office
Subject's full name
Other names used (including birth, prior married, and nicknames)
Social Security Number
Date of birth
Place of birth
Permanent address
(also current residence, if different)
Current employer(s)
SUBJECTS CONSENT: I hereby authorize the FBI to provide the information specified below to the White House.
(Subject's Signature)
(Date)
Request of FBI (Use of this form to request information developed by the FBI or contained in FBI files requires the
subject's consent. Exceptions will only be permitted as authorized by the Attorney General/Deputy Attorney General.)
Name check (EADSU)
Copy of previous report (EADSU)
Expanded name check (SIGBIU)
Full field investigation (SIGBIU)
Level 1
Level 2
Level 3
5-year reinvestigation (SIGBIU)
Level 2
Level 3
Limited update investigation (SIGBIU)
Other (specify)
The applicant is being considered for:
Presidential appointment
Position requiring Senate confirmation
White House staff position
Access:
Detailee/other government employee
Contractor
Intern
Volunteer
Presidential recognition
Other (specify)
Attachments:
SF-86
SF-86 Supplement
SF-87 Fingerprint Card
Remarks/
special instructions:
I certify, subject to 18 U.S.C. § 1001, that the above is sought for official purposes only and I
understand that obtaining this information under false pretenses or any unauthorized disclosure may be a'violation of
the Privacy Act, 5 U.S.C. § 552a.
Requested by:
(Signature)
This request has been reviewed and approved by the White House Counsel's Office.
Approved by:
Signature (White House Counsel's Office)
1 Original - To FBI
2- Pink - To FBI (Return to White House)
3 Canary - To FBI (Office of the General Counsel)
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(8-02-96)
EXECUTIVE OFFICE OF THE PRESIDENT
WASHINGTON
Date
To:
Federal Bureau of Investigation
Attn:
EADSU (Room 4965)
SIGBIU (Room 4371)
From: Security Office, Office of Administration, Executive Office of the President (EOP)
(for following EOP organization:
)
Subject's full name
Other names used (including birth, prior married, and nicknames)
Social Security Number
Date of birth
Place of birth
Permanent address
(also current residence, if different)
Current employer(s)
SUBJECTS CONSENT: I hereby authorize the FBI to provide the information specified below to the EOP.
(Subject's Signature)
(Date)
Request of FBI (Use of this form to request information developed by the FBI or contained in FBI files requires the
subject's consent. Exceptions will only be permitted as authorized by the Attorney General/Deputy Attorney General.)
Name check (EADSU)
Copy of previous report (EADSU)
Expanded name check (SIGBIU)
Full field investigation (SIGBIU)
Level 1
Level 2
Level 3
5-year reinvestigation (SIGBIU)
Level 2
Level 3
Limited update investigation (SIGBIU)
Other (specify)
The applicant is being considered for:
EOP staff position
Access:
Detailee/other government employee
Contractor
Intern
Volunteer
Presidential recognition
Other (specify)
Attachments:
SF-86
SF-86 Supplement
SF-87 Fingerprint Card
Remarks/
special instructions:
I certify, subject to 18 U.S.C. § 1001, that the above is sought for official purposes only and I
understand that obtaining this information under false pretenses or any unauthorized disclosure may be a violation of
the Privacy Act, 5 U.S.C. $ 552a.
Requested by:
(210)84815)
This request has been reviewed and approved by an authorized official of the cognizant EOP organization.
Approved by:
(Signature)
I - Original - To FBI
Name:
2- Pink - To PBI (Return to EOP Security Office)
3- Canary - - To FBI (Office of the General Counsel)
Title/ Organization:
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IMPLEMENTATION OF REVISED PROCEDURES
FOR DISSEMINATION OF FBI FILE INFORMATION TO THE WHITE HOUSE/EOP
August 2, 1996
Following Deputy Attorney General Gorelick's approval
of revised procedures for dissemination of FBI file information
to the White House/EOP, follow-up coordination among cognizant
FBI and White House/EOP staffs identified a number of
opportunities for improving and refining this process while
continuing to scrupulously guard its integrity. This confirms
the resulting resolutions.
I. Revised Request Forms
The new form by which White House/EOP components will
request FBI personnel investigations will have two versions, one
bearing a White House letterhead and one bearing an Executive
Office of the President (EOP) letterhead. (This will help
maintain a clear demarkation between records of the White House
office and EOP records.) The new forms embody a number of
modifications to improve their accuracy and utility. These
include:
1. A specific space has been added on the EOP version
for indicating which EOP component has cognizance over the
request.
2. More check-blocks have been added to better cover
items often addressed in typical requests (e.g., 5-year
reinvestigations, contractors, other government employees (in
addition to detailees), positions requiring Senate confirmation,
and reinvestigation levels).
3. The subject's consent statement has been bolded to
enhance its conspicuousness (but the check-block in front of the
consent statement has been deleted as being redundant with the
subject's signature).
4. The lead-in of the "Request of FBI" portion has
been revised to delete reference to the option that a written
explanation of the cognizant White House/EOP component counsel
may substitute for the subject's consent. As to this form, this
reference is irrelevant and could be misleading. White House/EOP
components do have an option to request information even without
the subject's consent, but such requests are to be limited to
extraordinary circumstances set forth in a letter of
justification to the General Counsel of the FBI, signed by the
cognizant component counsel, and concurred in by the Attorney
AUG-19 96 16:33 FROM: COUNSEL OFFICE
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PAGE: 11
General or the Deputy Attorney General.¹ Thus this routine
request form would not be the appropriate vehicle for making a
request without the subject's consent.²
5. Reminders as to EADSU's and SIGBIU's areas of
responsibility have been added.
6. The "official use" certification has been expanded
to also acknowledge that obtaining information under false
pretenses is a violation of the Privacy Act.
7. As indicated in the Counsel to the President's
memorandum for Mr. Panetta of June 14, 1996, the provision that
FBI personnel investigations will only be predicated upon the
subject's consent (or the Deputy Attorney General's approval)
does not apply to "computerized criminal history check[s]. The
referenced checks only encompass searches of the National Crime
Information Center's (NCIC) files of "wanted persons" and
criminal history record information ("rap sheets") on individuals
who have been criminally fingerprinted. Thus as can be seen,
reliance on these checks alone would fail to reveal such crucial
information as on-going criminal investigations, national
security concerns, suspect associations, and so forth. Moreover,
these checks can also be conducted by the Secret Service. In
view of the foregoing, the FBI understands that at this time
White House/EOP components do not anticipate seeking such limited
criminal history checks from the FBI. Accordingly, they are not
specifically addressed on the new forms.
8. The order of copies in the form package will be
rearranged to match the order that copies are detached in
processing.
II. Resolution of Staff Questions
and Clarification of Procedures
1. White House/EOP records requests must be
accompanied by the appropriate version of the new FBI records
request form properly completed and with all three of the
required signatures (subject's consent, requestor, and component
approval). This includes not only requests for the White House
Office, but also requests for EOP components.
1
See T1a, FBI General Counsel H. M. Shapiro's memo of 6/14/96 (approved same date by Deputy
Attorney General Gorelick); 11, 4th bullet, Counsel to the President Jack Quinn's memo of 6/14/96.
2 As a limited exception, neither consent nor a written explanation would be required to obtain
computerized criminal history checks of NCIC files of wanted persons and criminal histories. As discussed at
1 I.7 infra. however, use of this limited exception is not currently anticipated.
2
WHITE<HOUSE<COUNSEL
2024565112
P.02
June 24, 1996
MEMORANDUM FOR JODIE TORKELSON
MARTHA FOLEY
JIM WEBER
CC:
JACK QUINN
FROM:
DAVID FEIN
SUBJECT:
"FBI FILES" AMENDMENTS TO BUDGET BILL
Pursuant to your request, I am attaching talking points on
the defects in the proposed Republican amendments to the
Treasury-Postal appropriations bill and revised draft alternative
language. Please let me know if I can be of any further
assistance.
WHITE<HOUSE<COUNSEL
2024565112
P.03
Alternative Language
"None of the funds made available in this Act shall be used
by the White House to request Federal Bureau of Investigation
(FBI) background investigation reports unless the White House
provides the FBI with the express written consent of the person
who is the subject of the investigation, except in extraordinary
circumstances set forth in a letter of justification involving
national security or a criminal investigation signed by the
Counsel to the President and concurred in by the Attorney General
or the Deputy Attorney General. The person's consent must be
current, meaning that it must have been signed within six months
of the date of the request to the FBI and during the same
Administration."
2
camp liance memes.
THE WHITE HOUSE
WASHINGTON
June 25, 1996
MEMORANDUM FOR WHITE HOUSE COUNSEL'S OFFICE STAFF
FROM:
JACK QUINN
COUNSEL TO THE PRESIDENT
SUBJECT:
BACKGROUND INVESTIGATIONS
I think it is important for everyone in the Counsel's Office to be familiar with the
reforms we have made regarding requests to the Federal Bureau of Investigation for
background investigations. I have attached two memoranda that explain these new
procedures. In particular, you should make special note of the rule that no one on our staff
except those authorized in writing by the Chief of Staff and me have any access to
background investigation files.
Jace
Attachments
THE WHITE HOUSE
WASHINGTON
June 14, 1996
MEMORANDUM FOR LEON PANETTA
CHIEF OF STAFF
FROM:
JACK QUINN
COUNSEL TO THE PRESIDENT
SUBJECT:
WHITE HOUSE REQUESTS TO THE FBI
As you know, the White House has historically requested information from the FBI in
order to evaluate the suitability of persons for Presidential appointments. nominations and
recognition, employment at the White House, and access to the White House. In light of
recent events, I have instituted the following rules and procedures to cover White House
requests to the FBI for background investigation information, effective immediately:
1.
White House requests to the FBI for background investigation information will
be made only with the express written consent of the individual who is the
subject of the investigation.
This rule applies to requests for any information beyond the type of
computerized criminal history check required in the regular
appointment clearance process at the White House complex.
The individual's consent must be current. Specifically, it must have
been signed by the individual within thirty days of the White House
request to the FBI.
The individual's express written consent must accompany the request
made by the White House to the FBI for the information.
No information may be obtained without the individual's consent except
in extraordinary circumstances set forth in a letter of justification to the
General Counsel of the FBI signed by the Counsel to the President and
concurred in by the Attorney General or the Deputy Attorney General.
2.
Each request to the FBI must be approved and signed by the Counsel to the
President or a specifically designated Counsel's Office attorney whose regular
duties include the review of such information. Each request must also be
signed by the security or vetting officer who initiates the request.
Signing for or in the name of another is prohibited.
The security or vetting officer who initiates the request must certify that
the request is made for official purposes only.
The Counsel to the President will provide to the FBI the names of no
more than three Counsel's Office attorneys who, in addition to the
Counsel, are authorized to approve White House requests to the FBI for
background information. No other persons may approve such requests.
3.
Each request must identify the reason why the information is being requested
(e.g., Presidential nomination. White House staff security clearance).
4.
Only those White House employees authorized in writing by the Chief of Staff
and the Counsel to the President whose assigned duties require the review or
processing of such information will have access to FBI background
investigations.
We communicated these changes, in proposed form, to the relevant officials of the
FBI in order to make sure that our procedural reforms will be workable when taken together
with changes the FBI is considering. These reforms were acceptable to the FBI and, so, we
are now moving forward with them. In addition, I am requesting that the FBI assist us as
promptly as possible in a thorough review of the background investigation files that we
currently have to make sure that all of the files that were requested mistakenly have been
returned to the FBI.
Jack
Qiin
2
THE WHITE HOUSE
WASHINGTON
June 18, 1996
MEMORANDUM FOR LEON PANETTA
CHIEF OF STAFF
FROM:
JACK QUINN
COUNSEL TO THE PRESIDENT
SUBJECT:
WHITE HOUSE OFFICE OF PERSONNEL SECURITY
At present, the White House Office of Personnel Security conducts personnel security
operations for the White House Office, the Office of the Vice President, the Office of Policy
Development, and the Executive Residence. The Executive Office of the President (EOP)
Security Office conducts personnel security functions for all other EOP offices except for the
National Security Council (NSC), which conducts its own personnel security review in
coordination with the White House Office of Personnel Security. Specifically, the EOP
Security Office, which is part of the Human Resources Management Division of the Office of
Administration, currently provides personnel security services to the following EOP agencies:
Council of Economic Advisers, Council on Environmental Quality, Office of Administration,
Office of Management and Budget, Office of National Drug Control Policy, Office of
Science and Technology Policy, and the United States Trade Representative.
As you know from my memorandum to you of June 14, 1996, I have instituted a
number of reforms to govern the procedures for White House requests to the Federal Bureau
of Investigation (FBI) for background investigation material. In addition to those reforms, I
recommend that the administrative personnel security functions currently performed by both
the White House Office of Personnel Security and the NSC be incorporated into the EOP
Security Office. In effect, this would mean that the EOP Security Office would serve on
behalf of the White House in performing these functions with regard to White House Office,
the Office of the Vice President, the Office of Policy Development, the Executive Residence,
and NSC personnel. I believe that the reforms I instituted last week such as requiring the
current, signed consent of the individual about whom information is sought to accompany
White House requests of the FBI -- will be implemented most effectively and efficiently by
merging the several existing security operations into the administrative office that currently
performs security functions for the EOP.
1
The EOP Security Office is currently supervised by Charles "Chuck" Easley, who is a
career employee hired during the Reagan Administration and who has served for ten years as
the EOP Security Officer. Mr. Easley retired from the U.S. Army after 20 years. He
served for 12 years as a Counterintelligence Special Agent in the Army, and for eight of
those years, he served as the Technical Security Advisor to the Security Officer of the Joint
Chiefs of Staff. Mr. Easley, heads a career staff at the EOP Security Office, will continue
to report to the Associate Director for Human Resources Management of the Office of
Administration, a career personnel specialist, who, in turn, reports to the Director of the
Office of Administration.
If you approve this recommendation, the EOP Security Office will conduct its work
on White House personnel in accordance with the procedures established by the Counsel to
the President. As always, suitability decisions will remain the responsibility of Counsel to
the President. In addition, all background investigation material regarding White House
personnel will remain under the control of the Counsel to the President and will be
maintained separate and apart from EOP personnel security files.
Under the new procedures I established last week, requests to the FBI for background
investigation information on White House personnel will require -- in addition to the current.
signed consent of the individual -- the approval of the Counsel to the President or specifically
designated attorneys in the Counsel's Office. Furthermore, under the proposed plan, access
to FBI background investigations would be limited to those White House and EOP employees
authorized in writing by the Chief of Staff and the Counsel to the President whose assigned
duties require the review or processing of such information.
Jan 4m
2
12/5/94
EFFORTS TO MAINTAIN THE WHITE HOUSE
AS A DRUG FREE WORKPLACE
This Administration is committed to assuring that the
government in general and the White House in particular is
drug free. Towards that end, the Administration has
implemented a comprehensive Drug Free Workplace Plan.
In all important respects, the Plan is identical to the one
that was adopted during the prior Administration.
Under the Drug Free Workplace Plan, all employees are tested
as a condition of their initial employment. Any individual
who tests positively automatically ceases to be eligible for
employment.
Since the beginning of this Administration, over seven
hundred applicant tests have been conducted for WH
employees. In only one instance has a test come back
positive. Pursuant to the terms of the Plan, that
individual was separated.
The Drug Free Workplace Plan also mandates random testing of
existing White House employees. Approximately 12% of White
House staff are subject to random testing each year.
The Plan sets out several options for dealing with an
employee whose random drug test is positive, ranging from
dismissal to mandatory participation in a rehabilitation and
testing program. In this respect as well, the Plan is
identical to the Plan that was in place during the Bush
Administration.
Since the beginning of this Administration, only one White
House employee has failed a random drug test. That
individual was a career employee in a non-policy making
position who had been with the White House for over a
decade. Pursuant to the Plan, she was required to
participate in a comprehensive rehabilitation program.
In addition to the applicant and random testing described
above, approximately 1% of the more than one thousand
employees of the EOP agree to participate in an
individualized drug testing program. Participation in this
program is based of a history of relatively recent drug use.
These individuals are automatically included in the pool of
employees who are called for a random drug test.
All such tests have been negative.
The existence and scope of the individualized drug testing
program was disclosed long ago. In particular, the White
House addressed this issue fully in response to a question
for the record submitted this spring by Congressman Frank
Wolf.
As these figures suggest, there is absolutely no evidence to
support the irresponsible allegation that a substantial
percentage of White House employees either use drugs or have
used drugs in the recent past.
Nor is there any evidence to support the equally
irresponsible allegation that White House passes and
security clearances were delayed because of the need to
"work out" drug-related or other background issues.
As has already been fully explained, delays in issuing
passes in the first year of the administration were solely
attributable to certain operational inefficiencies. Those
inefficiences have since been corrected, and employees now
receive a permanent pass, on average, within 120 days of
their start date.
While precise data are not available, issuing passes in this
time frame compares favorably with the record of past
administrations. This time frame also compares well with
other parts of the Executive Branch, such as the Department
of State.
THE WHITE HOUSE
WASHINGTON
MEMORANDUM
TO:
Jack Quinn
Kathy Wallman
CC:
Jodie Torkelson
Chuck Easley
Nelson Cunningham
FROM:
David Fein
Trey Schroeder RUS
RE:
White House Personnel Security Review
DATE:
July 12, 1996
In light of the recent restructuring of the White House
Personnel Security Office, we thought it, would be useful to
describe what we understand our roles to be in the area of White
House personnel security.
First, in accordance with your June 14, 1996 memorandum to
Mr. Panetta, we will approve and sign requests to the FBI for
background investigation information for persons seeking
employment or access to the White House. These requests will be
initiated by Chuck Easley, the EOP security officer, who will
himself sign the request and attach the individual's express
written consent. We will review the request to ensure that the
individual's consent is provided, that it is current, and that
Mr. Easley has signed the request.
Second, we will continue to participate in evaluating the
suitability of persons for employment or access to the White
House. In accordance with your June 18, 1996 memorandum to Mr.
Panetta, the administrative functions formerly performed by the
White House Office of Personnel Security have been incorporated
into the EOP Security Office, and we will not supervise or
oversee those functions. We will review any issues of
suitability that Mr. Easley brings to our attention after he
receives and reads the background investigation information from
the FBI.
FBI Files Matta
Talking Points on White House Reforms
On Obtaining FBI Background Information
**
The White House has put in place a series of procedures
governing the obtaining and use of FBI background information
that is, by all accounts, above and beyond the procedures in
place in all prior Administrations.
**
Four aspects of these procedures are apparently
unprecedented. They are as follows:
1.
Individual's current, written consent is required in
almost all cases before any request goes to FBI for
individual's background investigation, and the consent
must accompany the request to FBI.
2.
White House Counsel or a designated attorney in his
office must personally approve and sign all requests.
3.
The security or vetting officer who initiates the
request must certify that the request is made for
official purposes only.
4.
The Chief of Staff and Counsel to the President must
designate in writing those White House employees who
may have any access to FBI files.
**
These procedures ensure that the mistakes that happened in
1993 could not happen again.
Before the White House requests background information
from the FBI, it first must obtain the signed, written
consent from the individual whose file is sought, and
second must provide that consent to the FBI.
If that procedure were in place in December 1993, the
White House would have had to seek the consent of the
individuals before requesting their files.
- -
The only occasion when consent is not required is when
the White House Counsel and the Attorney General (or
Deputy Attorney General) provide a letter of
justification to the FBI.
**
The White House Security Personnel Office is being
restructured to restore confidence in the integrity of the
handling of these files.
The White House Counsel intends to put the handling of
the files under the control of a senior employee with a
background in personnel security.
:
Craig Livingstone, the head of the White House's
personnel security office, requested and received
permission to be placed on paid administrative leave.
--
Mr. Livingstone will not return until such time as the
matter is clarified to the satisfaction of the Chief of
Staff.