DISPOSITION OF RECORDS OF THE DIRECTORATE OF OPERATIONS DESIGNATED FOR DESTRUCTION UPON EXPIRATION OF THE CONGRESSIONAL MORATORIUM

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00895R000100010011-1
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 4
• Document Creation Date: December 14, 2016
• Document Release Date: September 19, 2002
• Sequence Number: 11
• Publication Date: December 28, 1978
• Content Type: MF

Approved For Release 2
MEMORANDUM FOR : Chief, Information Management
Staff/DDO
UA-ROP86-00WIRON44093 am -1
28 December 1978
OGC Has Reviewed
: I
Assistant General:Counsel:
Disposition of. Records of the-DirectOrate
of Operations Designated fOr Destructioni
Upon Expiration of the Congressional
Moratorium' -
'DO/IMS 78-695,
25X1A
3 December 1978
1. The referenced memorandum proposes that the Deputy
Director for Operations approve a policy of isolating and
not searching DO records identified for destruction, includ-
ing 'the MHCHAOS collection, previously identified personality
files on American citizens, and records1 located at the
with destruction dates prior to 1
January 1979." While there are several problems with this
policy as stated, the adoption of such a policy may be per-
missible so long as the conditions stated in paragraph 4 of
25X1A
this memorandum are met.
2. The MHCHAOS collection can be neither isolated nor
destroyed at this time. As required by ll 1(12 March
1978), Paragraph 2c, this Office has promulgated and made
available to all Agency Records Management Officers, through
the Records Administration Branch/ISAS/DDA, a list of matters
known to this Office to be currently the subject of litiga-
tion, inquiry, or investigation and which require extended
retention of relevant records. A copy of the most recent
version of that list is appended for your reference. You
will note (page 9) that CHAOS records are required in con-
nection with two on-going law suits - Halkin v. Helms and
Grove Press v. CIA. We are working with the Justice Depart-
ment to determine whether there are portions of the CHAOS
materials (i.e., personality files relating to nonplaintiffs)
which may be destroyed. However, the presence of the CHAOS
entry on the OGC list requires that all relevant materials
be retained unless other treatment is specifically approved
by this Office. This policy also applies, of course, to all
the other categories of DO records proposed for destruction.
If they are relevant to any matter on the OGC list they must 25X1A
be retained unless and until OGC concurs in their disposition.
The Form 141c procedure descried inl us the proper
method of requesting OGC guidance concerning records, whether
or nct on the OGC list, as to which there is a question of
appropri4te disposition.
UNCLASSIFIED WHEN SEPARATED
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3. In addition, it should be understood that the OGC
retention list only represents a periodically updated final
"safety mechanism" and is not lintended to be an initial
notification to Agency components of claims, inquiries,
investigations and litigation. This is accomplished by
individual contacts, written or otherwise, between the OGC
officers who have been charged with responsibility for the
matters in question and the component officers who have been
designated as responsible for the receipt and processing of
requests from OGC that records be searched or retained for a
variety of purposes. It is on the basis of these contacts
that DO and other Agency records are initially identified as
relevant and subject to retention. For example, although
the mail intercept materials of individual claimants are
included on the OGC list, there is no separate entry for the
entire HTLINGUAL file and yet there is a standing instruc-
tion from OGC that this entire collection must be retained
until further notice. The 'OGC list IS designed and intended
to serve only as a final screening device for records at the
end of theirlretention periods to help ensure that relevant
records are not overlooked or destroyed inadvertently. FOIA
and PriVacy Act requests and retention requirements prior to
becoming involved in litigation, are handled by an entirely
separate mechanism established and maintained by the Infor-
mation and Privacy Staff. Again, if there is any doubt
whether any records may be disposed of or whether an entry
on the OGC list is a continuing retention requirement, a
Form 141c should be completed and forwarded in accordance
with HN
25X1A 4. As to the proposed DO policy which would not allow
searches for any purpose of DO records which have been
designated for and are in process of destruction, such a
policy may be adopted subject to the following conditions:
a. All indices, index entries, shelf lists, data
bases, or other means ofi retrieving the information in
these records by subject matter, job number, or any
other means, shall be destroyed as soon as possible and
beginning immediately.
b. All such records shall be Impounded in the
."destruction holding area" at the Agency Archives and
Records Center, no such records or summaries of any
kind relating to them shall be maintained at Head-
quarters or elsewhere outside the Center, and records
management personnel at the Center will be instructed
to refuse all requests for access to any. such records
for any purpose.
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c. Although completed Forms 141b will have to
remain with these records until they are destroyed
and will be retained permanently thereafter, all suspense
or other copies of these Forms 141b held by the DO and
relating to such records shall be transferred to RAB/ISAS/DDA
and shall be returned to the DO only as the records
described on each form are destroyed.
d. All such records pertaining to individuals
must be designated for ,destruction before records
pertaining to administrative matters, etc., and shall
be destroyed as soon as possible.
e. At such time as Irecords which have been
identified as improper but which have been retained
for purposes of litigation, etc., I are determined to
no longer be required for those purposes, they shall
be given priority treatment for destruction.
The intended cumulative effect of these actions is to render
these records "destroyed" for all intents and purposes
except for the mechanics of actual destruction, and to
expedite the destruction of files which are most sensitive
and could most easily be mishandled. 25X1A
5. Your office should coordinate very closely with the
Records Administration Branch to ensure the proper imple-
mentation of this policy.
'cc: C/AB/DaP1'.
AI/DDA
C/pCS/PIGL
IMP4---TD
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