PROPOSED REVISION OF (SANITIZED), CIA HISTORICAL REVIEW PROGRAM

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90G00152R000901600001-3
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 24
• Document Creation Date: December 27, 2016
• Document Release Date: August 9, 2011
• Sequence Number: 1
• Publication Date: January 25, 1988
• Content Type: MEMO

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STAT
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DDA*2340*87
25 January 1988
STAT
MEMORANDUM FOR: Executive Director
Deputy Director for Intelligence
Deputy Director for Operations
Deputy Director for Science and Technology
General Counsel
Inspector General
Comptroller
Chief, Regulatory Policy Division, DDA
STAT
SUBJECT: Proposed Revision of ~ CIA Historical Review
Program
1. This proposed revision of ~ was initiated by the Office of
Information Technology (OIT). The regulation is being revised to reflect
the transfer of responsibility for the Historical Review Program to the
Director of Information Technology as well as the transfer of former office
of Information Services components to OIT. Also, organizational titles
have been updated and minor editorial changes have been made.
2. We plan to forward this proposal to the Deputy Director for
Administration for approval on 8 February 1988. If you have any questions
or comments, please contact RPD editor
before that date.
STAT
STAT
STAT
Attachments:
A. Concurrence Sheet (OGC)
B. Proposed Revision of
cc: AO/DCI
SSA/DDA
EXA/DDA
OC
OF
OIT
OL
OMS
OP
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C/History Staff/DCI
STAT
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EXECUTIVE SECRETARIAT
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STAT
utive Secretary
June 85
3637 (10-81)
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MAJORITY MEMBERS
JACK BROOKS, TEXAS, CHAIRI *N
DON FUO14,4, FLORIDA
JOHN QOMrERS, JR., MICHIGAN
CARDI S COLLINS, ILLINOIS
? -~ GLENN ENGLISH, OKLAHOMA
HENRY A. WAXMAN. CALIFORNIA
TED WEISS, NEW YORK
MIKE SYNAR, OKLAHOMA
STEPHEN L NEAL NORTH CAROLINA
DOUG BARNARD, JR., GEORGIA
BARNEY FRANK, MASSACHUSETTS
TOM LANTOS, CALIFORNIA
ROBERT E. WISE JR.. WEST VIRGINIA
BARBARA BOXER. CALIFORNIA
SANDER M. LEVIN, MICHIGAN
MAJOR R. OWENS, NEW YORK
EDOLPHUS TOWNS, NEW YORK
JOHN M. SPRATT, JR., SOUTH CAROLINA
JOE KOLTER PENNSYLVANIA
BEN ERDREICH, ALABAMA
GERALD 0. KLECZKA, WISCONSIN
ALBERT G. BUSTAMANTE, TEXAS
MATTHEW G. MARTINEZ, CALIFORNIA
!onnrtss of the ` 1nit
%one of Rt MMtfDCS
COMMITTEE ON GOVERNMENT OPERATIONS
2157 RAYBURN HOUSE OFFICE BUILDING
WASHINGTON, DC 20515
June 5, 1985
85- 2081/3
MINORITY MEMBERS
FRANK HORTON, NEW YORK
THOMAS N. KINDNESS, OHIO
ROBERT S. WALKER, PENNSYLVANIA
WILLIAM F. CLINGER, JR, PENNSYLVANIA
ALFRED A. (AL) MCCANDLESS, CALIFORNIA
LARRY E. CRAIG, IDAHO
HOWARD C. NIELSON, UTAH
JIM SAXTON, NEW JERSEY
PATRICK L SWINDALL GEORGIA
THOMAS D. (TOM) DELAY, TEXAS
DAVID S. MONSON, UTAH
JOSEPH J. DIOGUARDI. NEW YORK
JOHN G. ROWLAND, CONNECTICUT
RICHARD K. ARMEY, TEXAS
JIM LIGHTFOOT, IOWA
JOHN R. MILLER WASHINGTON
The Honorable William J. Casey
Director of Central Intelligence
Central Intelligence Agency
Washington, D.C. 20505
Dear Mr. Casey:
MAJORITY-225-5051
MINORITY-225-5074
Thank you for your letter enclosing a copy of your report on the
feasibility of conducting systematic review for declassification and
release of Central Intelligence Agency information of historical value.
I am referring your letter and report to the Government Information,
Justice, and Agriculture Subcommittee, chaired by Congressman Glenn
English, since that subcommittee has jurisdiction.
With every good wish, I am
cc: The Honorable Glenn English, Chairman
Government Information, Justice, and
Agriculture Subcommittee
Info. cc: Legislation and National Security Subcommittee
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STAT
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Central Intelligence Agency
29MAY1A
The Honorable Strom Thurmond
Chairman
Committee on the Judiciary
United States Senate
Washington, D.C. 20510
I take pleasure in submitting, as requested in Section 3 of the CIA
Information Act, a report on the feasibility of conducting systematic review
for declassification and release of Central Intelligence Agency information
of historical value.
This kind of review is indeed feasible, and to carry it out we have
established the new Historical Review Program that our report describes.
Under this program we have begun the process of declassifying historically
significant CIA records for transfer to the National Archives.
This report has been prepared in consultation with those officials and
historians specified by the CIA Information Act; their findings are appended
to mine. The involvement of these scholars has been extraordinarily helpful,
and we have incorporated all of their recommendations into our Historical
Review Program.
I especially endorse our consultants' recommendation that we reassemble
them, or a comparable panel in two or three years, to assess the program's
progress and to make such further recommendations as are necessary. This
program has my strong support and we are determined to make it succeed.
As the CIA Information Act directs, I am also sending my report and this
letter to the Chairman of the Select Committee on Intelligence of the Senate,
and to the Chairmen of the Permanent Select Committee on Intelligence and the
Committee on Government Operations of the House of Representatives.
Si ncerely,
C ,.
William J. Casey
Director of Central Intelligence
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Central Intdiigence Agency
The Honorable David Durenberger
Chaff nnan
Select Committee on Intelligence
United States Senate
Washington, D.C. 20510
Dear Mr. Chairman:
2 9 MAY 1985
OISa plc- gS
I take pleasure in submitting, as requested in Section 3 of the CIA
Information Act, a report on the feasibility of conducting systematic review
for declassification and release of Central Intelligence Agency information
of historical value.
This kind of review is indeed feasible, and to carry it out we have
established the new Historical Review Program that our report describes.
Under this program we have begun the process of declassifying historically
significant CIA records for transfer to the National Archives.
This report has been prepared in consultation with those officials and
historians specified by the CIA Information Act; their findings are appended
to mine. The involvement of these scholars has been extraordinarily helpful,
and we have incorporated all of_their recommendations into our Historical
Review Program.
I especially endorse our consultants' recommendation that we reassemble
them, or a comparable panel in two or three years, to assess the program's
progress and to make such further recommendations as are necessary. This
program has my strong support and we are determined to make it succeed.
As the CIA Information Act directs, I am also sending my report and this
letter to the Chairman of the Committee on the Judiciary of the Senate, and
the Chairmen of the Permanent Select Committee on Intelligence and the
Committee on Government Operations of the House of Representatives.
Sincerely,
%s/ Wfl!;lrn J. Caste
William J. Casey
Director of Central Intelligence
Enclosures
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Central k tefl nce A ncy I
85- C;;
The Honorable Jack Brooks
Chairman
Committee on Government Operations
U.S. House of Representatives
Washington, D.C. 20515
Dear Mr. Chairman:
ISM yS- F-
I take pleasure in submitting, as requested in Section 3 of the CIA
Information Act, a report on the feasibility of conducting systematic review
for declassification and release of Central Intelligence Agency information
of historical value.
This kind of review is indeed feasible, and to carry it out we have
established the new Historical Review Program that our report describes.
Under this program we have begun the process of declassifying historically
significant CIA records for transfer to the National Archives.
This report has been prepared in consultation with those officials and
historians specified by the CIA Information Act; their findings are appended
to mine. The involvement of these scholars has been extraordinarily helpful,
and we have incorporated all of their recommendations into our Historical
Review Program.
I especially endorse our consultants' recommendation that we reassemble
them, or a comparable panel in two or three years, to assess the program's
progress and to make such further recommendations as are necessary. This
program has my strong support and we are determined to make it succeed.
As the CIA Information Act directs, I am also sending my report and this
letter to the Chairman of the Permanent Select Committee on Intelligence of
the House of Representatives, and to the Chairmen of the Committee on the
Judiciary and the Select Committee on Intelligence of the Senate.
Sincerely,
/s/Vn6n6emJ. C,.
William J. Casey
Director of Central Intelligence
Enclosures
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Central Intdligence Agency
?1f
WW*VMDc20505
IS 121-8-- $'S
2 9 MAY 1985
The Honorable Lee H. Hamilton
Chairman
Permanent Select Committee on Intelligence
U.S. House of Representatives
Washington, D.C. 20515
Dear Mr. Chairman:
I take pleasure in submitting, as requested in Section 3 of the CIA
Information Act, a report on the feasibility of conducting systematic review
for declassification and release of Central Intelligence Agency information
of historical value.
This kind of review is indeed feasible, and to carry it out we have
established the new Historical Review Program that our report describes.
Under this program we have begun the process of declassifying historically
significant CIA records for transfer to the National Archives.
This report has been prepared in consultation with those officials and
historians specified by the CIA Information Act; their findings are appended
to mine. The involvement of these scholars has been extraordinarily helpful,
and we have incorporated all of their recommendations into our Historical
Review Program.
I especially endorse our consultants' recommendation that we reassemble
them, or a comparable panel in two or three years, to assess the program's
progress and to make such further recommendations as are necessary. This
program has my strong support and we are determined to make it succeed.
As the CIA Information Act directs, I am also sending my report and this
letter to the Chairman of the Committee on Government Operations of the House
of Representatives, and to the Chairmen of the Committee on the Judiciary and
the Select Committee on Intelligence of the Senate.
Sincerely,
William J. Casey
Director of Central Intelligence
Enclosures
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 PUBLIC LAW 98-477-OCT. 15, 1984 98 STAT. 2209
Public Law 98-477
98th Congress
An Act
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~1
To amend the National Security Act of 1947 to regulate public disclosure of informa. Oct. 15, 1984
tion held by the Central Intelligence Agency, and for other purposes. (HR. 51641
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act mar Central
be cited as the "Central Intelligence Agency Information Act' . Intelligence
SEC. 2. (a) The National Security Act of 1947 is amended by adding I formation Act.
at the end thereof the following new title: 50 USC 401 note.
"TITLE VII-PROTECTION OF OPERATIONAL FILES OF THE
CENTRAL INTELLIGENCE AGENCY
"EXEMPTION OF CERTAIN OPERATIONAL FILES FROM SEARCH, REVIEW,
PUBLICATION, OR DISCLOSURE
"SEC. 701. (a) Operational files of the Central Intelligence Agency 50 USC 431.
may be exempted by the Director of Central Intelligence from the
provisions of section 552 of title 5, United States Code (Freedom of
Information Act), which require publication or disclosure, or search
or review in connection therewith.
"(b) For the purposes of this title the term 'operational files'
means-
"(1) files of the Directorate of Operations which document the
conduct of foreign intelligence or counterintelligence operations
or intelligence or security liaison arrangements or information
exchanges with foreign governments or their intelligence or
security services;
"(2) files of the Directorate for Science and Technology which
document the means by which foreign intelligence or counterin-
telligence is collected through scientific and technical systems;
and
"(3) files of the Office of Security which document investiga-
tions conducted to determine the suitability of potential foreign
intelligence or counterintelligence sources;
except that files which are the sole repository of disseminated
intelligence are not operational files.
"(c) Notwithstanding subsection (a) of this section, exempted oper-
ational riles shall continue to be subject to search and review for
information concerning-
"(1) United States citizens or aliens lawfully admitted for
permanent residence who have requested information on them-
selves pursuant to the provisions of section 552 of title 5, United
States Code (Freedom of Information Act), or section 552a of
title 5, United States Code (Privacy Act of 1974);
"(2) any special activity the existence of which is not exempt
from disclosure under the provisions of section 552 of title 5,
United States Code (Freedom of Information Act); or
"(3) the specific subject matter of an investigation by the
intelligence committees of the Congress, the Intelligence Over-
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98 STAT. 2210 PUBLIC LAW 98-477-OCT. 15, 1984
sight Board, the Department of Justice, the Office of General
Counsel of the Central Intelligence Agency, the Office of Inspec-
tor General of the Central Intelligence Agency, or the Office of
the Director of Central Intelligence for any impropriety, or
violation of law, Executive order, or Presidential directive, in
the conduct of an intelligence activity.
"(dXl) Files that are not exempted under subsection (a) of this
section which contain information derived or disseminated from
exempted operational files shall be subject to search and review.
"(2) The inclusion of information from exempted operational files
in files that are not exempted under subsection (a) of this section
shall not affect the exemption under subsection (a) of this section of
the originating operational files from search, review, publication, or
disclosure.
"(3) Records from exempted operational files which have been
disseminated to and referenced in files that are not exempted under
subsection (a) of this section and which have been returned to
exempted operational files for sole retention shall be subject to
search and review.
"(e) The provisions of subsection (a) of this section shall not be
superseded except by a provision of law which is enacted after the
date of enactment of subsection (a), and which specifically cites and
repeals or modifies its provisions.
Courts, U.S. '(f) Whenever any person who has requested agency records
under section 552 of title 5, United States Code (Freedom of Infor-
mation Act), alleges that the Central Intelligence Agency has
improperly withheld records because of failure to comply with any
provision of this section, judicial review shall be available under the
terms set forth in section 552(aX4XB) of title 5, United States Code,
except that-
(1) in any case in which information specifically authorized
under criteria established by an Executive order to be kept
secret in the interest of national defense or foreign relations
which is filed with, or produced for, the court by the Central
Intelligence Agency, such information shall be examined ex
parte, in camera by the court;
"(2) the court shall, to the fullest extent practicable, deter-
mine issues of fact based on sworn written submissions of the
parties;
"(3) when a complaint alleges that requested records were
improperly withheld because of improper placement solely in
exempted operational files, the complainant shall support such
allegation with a sworn written submission, based upon per-
sonal knowledge or otherwise admissible evidence;
"(4XA) when a complainant alleges that requested records
were improperly withheld because of im roper exemption of
operational files, the Central Intelligence ency shall meet its
burden under section 552(aX4XB) of title 5, United States Code,
by demonstrating to the court by sworn written submission that
exempted operational files likely to contain responsive records
currently perform the functions set forth in subsection (b) of
this section; and
"(B) the court may not order the Central Intelligence Agency
to review the content of any exempted operational file or files in
order to make the demonstration required under subparagraph
(A) of this paragraph, unless the complainant disputes the
Central Intelligence Agency's showing with a sworn written
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PUBLIC LAW 98-477-OCT. 15, 1984 98 STAT. 2211
submission based on personal knowledge or otherwise admimi-
ble evidence;
"(5) in proceedings under paragraphs (3) and (4) of this subsec-
tion, the parties shall not obtain discovery pursuant to rules 26
through 36 of the Federal Rules of Civil Procedure, except that 28 use app.
requests for admission may be made pursuant to rules 26 and
36;
"(6) if the court fords under this subsection that the Central
Intelligence Agency has improperly withheld requested records
because of failure to comply with any provision of this section,
the court shall order the Central Intelligence Agency to search
and review the appropriate exempted operational file or files for
the requested records and make such records, or portions
thereof, available in accordance with the provisions of section
552 of title 5, United States Code (Freedom of Information Act),
and such order shall be the exclusive remedy for failure to
comply with this section; and
"(7) if at any time following the filing of a complaint pursuant
to this subsection the Central Intelligence Agency agrees to
search the appropriate exempted operational file or files for the
requested records, the court shall dismiss the claim based upon
such complaint.
.
"DECENNIAL REVIEW OP EXEtdP'r? OPERATIONAL FILE
"Ssc. 702. (a) Not less than once every ten years, the Director of so uSC 432.
Central Intelligence shall review the exemptions in force under
subsection (a) of section 701 of this Act to determine whether such Ante. p. 2209.
exemptions may be removed from any category of exempted files or
any portion thereof.
'(b) The review required by subsection (a) of this section shall
include consideration of the historical value or other public interest
in the subject matter of the particular category of files or portions
thereof and the potential for declassifying a significant part of the
information contained therein.
"(c) A complainant who alleges that the Central Intelligence courts. U.S.
Agency has improperly withheld records because of failure to
comply with this section may seek judicial review in the district
court of the United States of the district in which any of the parties
reside, or in the District of Columbia. In such a proceeding, the
court's review shall be limited to determining (1) whether the
Central Intelligence Agency has conducted the review required by
subsection (a) of this section within ten years of enactment of this
title or within ten years after the last review, and (2) whether the
Central Intelligence Agency, in fact, considered the criteria set forth
in subsection (b) of this section in conducting the required review.".
(b) The table of contents at the beginning of such Act is amended
by adding at the end thereof the following-
'TITLE VII-PROTECTION OF OPERATIONAL FILES OF THE CENTRAL
INTELLIGENCE AGENCY
"See. 701. Exemption o( certain operational files from search, review, publication,
or disclosure.
"Sec. 702. Decennial review of exempted operational files.".
(c) Subsection (q) of section 552a of title 5, United States Code, is
amended-
(1) by inserting "(1)" after "(q)"; and
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98 STAT. 2212 PUBLIC LAW 98-477-OCT. 15, 1984
(2) by adding at the end thereof the following:
"(2) No agency shall rely on any exemption in this section to
withhold from an individual any record which is otherwise accessi-
ble to such individual under the provisions of section 552 of this
5 USC 552 title.".
Reports SEC. 3. (a) The Director of Central Intelligence, in consultation
50 USC 432 note with the Archivist of the United States, the Librarian of Congress,
and appropriate representatives of the historical discipline selected
by the Archivist, shall prepare and submit by June 1, 1985, a report
on the feasibility of conducting systematic review for declassifica-
tion and release of Central Intelligence Agency information of
historical value.
(bXl) The Director shall, once each six months, prepare and
submit an unclassified report which includes-
(A) a description of the specific measures established by the
Director to improve the processing of requests under section 552
of title 5, United States Code;
(B) the current budgetary and personnel allocations for such
processing;
(C) the number of such requests (i) received and processed
during the preceding six months, and (ii) pending at the time of
submission of such report; and
(D) an estimate of the current average response time for
completing the processing of such requests.
(2) The first report required by paragraph (1) shall be submitted
by a date which is six months after the date of enactment of this
Act. The requirements of such paragraph shall cease to apply after
the submission of the fourth such report.
(c) Each of the reports required by subsections (a) and (b) shall be
submitted to the Permanent Select Committee on Intelligence and
the Committee on Government Operations of the House of Repre-
sentatives and the Select Committee on Intelligence and the Com-
mittee on the Judiciary of the Senate.
Effective date. SEC. 4. The amendments made by subsections (a) and (b) of section
50 USC 431 note. 2 shall be effective upon enactment of this Act and shall apply with
respect to any requests for records, whether or not such request was
made prior to such enactment, and shall apply to all civil actions not
commenced prior to February 7, 1984.
Approved October 15, 1984.
LEGISLATIVE HISTORY-H.R. 5164 (S. 1324):
HOUSE REPORTS: No. 98-726, Pt. 1 (Permanent Select Committee on Intelligence)
and Pt. 2 (Comm. on Government Operations).
CONGRESSIONAL RECORD, Vol. 130 (1984)
Sept. 17, 19. considered and passed House.
Sept. 28, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS. Vol. 20, No. 42 (1984):
Oct. 15, Presidential statement.
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I/ationalA,. ._ .....
APR 1015
Honorable William J. Casey
Director
Central Intelligence Agency
Washington, DC 20505
STAT
Dear Mr. Casey:
I take great pleasure in sending you "A Report to the Director of Central
Intelligence by Consultants on the Historical Review Program." We hope
that the counsel provided will be helpful in the further development of an
effective program and result in making Central Intelligence Agency (and
predecessor organization) records available to researchers in the National
Archives just as soon as they no longer require national security protection.
Please accept too, our thanks to Dr. J. Kenneth McDonald and
and their staffs for the conference arrangements and for providing us with
essential information on CIA records, programs, review experience and
proposals for conducting the historical review program. The well 9organized
briefings and the comments they contributed to our discussions were extremely
helpful.
Sincerely,
ROBERT M. WARNER
Archivist of the United States
Enclosure
(J7
-7
.A'at:onctl.-rchrr es and Rey o, Lc .Aden zstratu ,i
Executive Registry
B
Washington, DC 20408
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 JOHN M. CHAFEE. R.I.
RIGIAR0 0. WOAII, 1N0.
MALCOLM WALLOP. WYO.
DAVID 01JRENRLR0ER. MINM.
WRJ.JAM V. ROTM, in.. OZ
WILLJAM R. CONEM. MAINE
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MRRT GOLDWATER. ARIZ.. CNAIRMAM
TRICK MOT-NAM. M.T., VICE CHAIRMAN
WALTER 0. IKJDOLSSTOR. KY.
JOSEPH R. LADEN. JR.. OWL.
DANIWL K. INOIIVE. HAWAII
NWRT U. JACKSON. WASH.
PATRIcII J. LEANT. VT.
LLOYD RENTSEN. TM
HOWARD M. RAKER. JR.. TENN.. Q OFFICIO
ADSCRY C. RYRO. W. VA., 109 OFFICIO
RO WIDIT R. SIMM010. STAFF DIRECTOR
GARY J. SC MITT. MINORITY STAFF DIRECTOR
' l Cnif eb 'Siaiez zenaie
SELECT COMMITTEE ON INTELLIGENCE
WASHINGTON, D.C. 20510
October 3, 1983
The Honorable William J. Casey
Director of Central Intelligence
Central Intelligence Agency
Washington, D.C. 20505
Dear Bill:
$Yeattiv~ Re ~ixrl
Last April, our Chairman, Barry Goldwater, introduced a
bill that would relieve the Central Intelligence Agency from
the burden of searching some of its files in response to
Freedom of Information Act requests. While ,several of us
had concerns regarding aspects of this bill, "vie all agreed
with you that it was foolish to require the CIA to search
its most sensitive files for documents that would almost
never be declassified and released.
Five months of work are now nearing culmination in a bill
that we all will be able to support wholeheartedly. You and
we have crafted solutions to such difficult problems as the
nature of judicial review under this bill, the extent to
which the files on activities that have been the subject of
investigations will remain open to search and revilaw under
FOIA, and how intelligence memoranda or policy memoranda
that are circulated outside of designated files but then
returned to those files for safekeeping will remain accessible
for FOIA search and review. We have also agreed that the CIA
will review its designations at least once every ten years to
see whether some files--or portions of files--should be
removed from designated status.
I think that now is an excellent time to make parallel
progress on an issue that our work on S.1324 has highlighted.
This is the need to make more declassified materials available
to historians. We both know how important history is. I am
an avid reader of history and you are a writer of it. We both
have been shaped in part by history that we have read over the
years. As historians write the definitive works on the post-
World War II era, it is terribly important that their studies
be based on as full a record as possible, consistent with the
need to protect our national security.
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The Honorable William J. Casey
October 3, 1983
Page Two
You have recognized this in putting forth a bill that
leaves unchanged current FOIA access to intelligence memo-
randa, policy documents, and files on those covert action
operations the existence of which is no longer properly
classified. The importance of an accurate historical record
is also recognized in your criteria for removing files from
designation, which are to include "historical value or other
public interest in the subject matter" and "the potential for
declassifying a significant part of the information."
I urge you to take the next, vitally important step: to
establish procedures for reviewing and declassifying some of
the material in your non-designated or de-designated files.
Your declassification review program need not review the
mass of documents that are either of no interest to historians
or still too sensitive to be released. Rather, you could
reasonably base your selection of material for review on the
same criteria that you have set forth for the review of file
designations. The important thing is to make the declassifi-
cation of useful historical information a cooperative endeavor,
rather than a test of wills fought out in FOIA requests and
courtrooms.
A declassification review program would be a burden for
the CIA, but it would be a manageable burden and one well
worth assuming. The CIA would retain control over the size
of this effort, and you could avoid the sort of crises and
bottlenecks that bedevil areas like FOIA, in which the pace of
work may be dictated by the level of outside requests and the
vagaries of litigation. You already have a CIA Historian, so
it might be reasonable :o give him a major role in declassifi-
cation review. I would be happy to lead the effort to provide
you budget support for a dozen positions, say, to be devoted to
this enterprise.
Establishment of a declassification review program would be
a fitting complement to the fine Intelligence Information Act
that I am sure we will pass. It would demonstrate your commit-
ment to openness in the things that matter, while continuing to
safeguard that which must remain secret. And it would make a
lasting contribution to public understanding of the role of
intelligence in a complex and divided world.
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 OLL 83-2403
4 OCT 1983
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Cc:ntr3llntrliScrutSSLflQ
Honorable Dave Durenberger
United States Senate
Washington, D.C. 20510
Dear Senator Durenberger:
I received your letter yesterday with its kind words about
our efforts on the Intelligence Information Act. We have
worked diligently through the spring and summer to reach
agreement with you and your colleagues on this bill. We have
done this because we are convinced, as you are, that the bill
will relieve us of a needless burden without harming the
interests of the press, authors, or the public at large. I am
gratified to hear you say that as`a result of our efforts you
will be able to support this bill. I certainly believe it
merits everyone's support.
Your views regarding the need for an accurate historical
record are ones that I share. If Congress is willing to
provide the resources, I am prepared to institute a new program
of selective declassification review of those materials that we
believe would be of greatest historical interest and most
likely to result in declassification of useful information.
The term "selective" is very important. There is no point
in reviewing files that we basically know will contain little
releasable information. And it makes no sense to review -- or
even to release -- material that has become releasable only
because it is trivial. Our professionals have a pretty good
sense of what is likely to prove releasable; and we would be
happy to work with our Historian, other agency historical
offices, the Archivist of the United States, and others to
determine what topics are of the greatest interest and
importance. Historians would have to trust us, however, to
make these professional judgments in good faith. A
declassification review program could function only if we
maintained control over the workload and concentrated our
limited resources on the areas where they would do the most
good.
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One certain consequence of this selectivity would be a
concentration of our efforts on the review of older, as opposed
to more recent, material. Such material which documents the
early years of CIA could well result in the release of .
information that explains the role of intelligence in the
making of foreign policy. As a general rule, we are likely to
limit the declassification review program to files at least 20
or 30 years old. However, these older files would certainly
contain information which continues to be relevant to today's
world. I am hopeful that whatever material we can release,
consistent with the need to protect sources and foreign
relations, will make a major contribution to historical
research and interpretation.
At the moment, I do not know whether our small historical
staff would be in a position to manage a selective
declassification review program. But no matter where such a
program would be placed organizationally within the Agency,
I understand that what you are suggesting is a program provided
with adequate resources. Several weeks ago, on my own
initiative, I had requested the Historian of the CIA to explore
a program that would result in the release of usable historical
materials from the World War II period. I look forward to
working with additional resources hgving, as you suggest, the
mission of declassifying and releasing historical materials
that no longer require protection.
Please allow me again to express my appreciation for your
support of S. 1324. With the enactment of this important
legislation and the achievement of the necessary budget
support, I believe this Agency would be more than willing to
undertake a new selective declassification review program.
With your leadership and support, we can forge a workable means
of informing the public while still protecting our nation's
secrets.
Sincerely,
7?,/ wn'T M J. Casey
William J. Casey
Director of Central Intelligence
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CENTRAL INTELLIGENCE AGENCY
AND THE NATIONAL ARCHIVES AND RECORDS SERVICE
SUBJECT: Accessioning Records of CIA Predecessor Wartime, Organizations into the
National Archives of the United States - Associated Responsibilities
and Precedures
1. In considering the transfer of Records of the Central Intelligence Agency (CIA)
Predecessor wartime organizations, primarily those of the Office of Strategic
Services (OSS), to the National Archives and Records Service (MARS) for accessioning
and release to the public, the CIA has expressed concerns that the records may
contain information that is inappropriate for immediate access.
of simplicity, these records will hereafter be referred to as thef"OSSurecords."
NARS has provided assurances that its processing procedures will address and
resolve these concerns before access is provided. This Memorandum of Understanding
reflects mutual agreement that the CIA and MARS review procedures, outlined
below will serve to expedite the release of OSS records to the public while
providing appropriate safeguards against premature access.
2. The OSS records will be examined for declassification by the CIA. Documents
or portions of documents under the final declassification jurisdiction of the
CIA (successor Agency) which are found still to contain national security infor-
mation despite the passage of time will be withdrawn from the records and withheld
in the custody of the CIA. A withdrawal card bearing a unique number will be
substituted for the withdrawn material. Upon completion of the CIA's examination,
the records appropriate for transfer as permanent records will be sent to MARS
for accessioning. The records will consist of declassified and unclassified
material, except as indicated below.
3. Classified material which the CIA has determined does not require continued
protection insofar as that agency's interests are concerned, but which may require
continued national security protection in the interest of some other U.S. agency
or of a foreign government will be transferred along with the declassified and
unclassified OSS records. Such classified material will be identified by the
CIA examiners by placing a tab around the relevant material or by affixing a tag
to the individual items. It will be the responsibility of National Archives
declassification specialists to review such identified classified material for
possible declassification at appropriate intervals in accordance with applicable
Executive Orders and Information Security Oversight Office directives. The CIA's
Information and Privacy Coordinator will assist NARS officials responding to
access requests when the identification of the responsible U.S. agency is unclear
or when transmittal to the appropriate foreign government is required for
declassification determination.
4. MARS will screen and withhold from access and/or refrain from copying for
the public declassified or unclassified accessioned OSS records containing
information about a living individual which reveal details of a highly personal
nature that the individual could reasonably assert a claim to withhold from the
public to avoid a clearly unwarranted invasion of privacy, including but not
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limited to information about the physical or mental health or the medical or
psychiatric care or treatment of the individual, and that contain personal
information not known to have been previously made public, and relate to events
less than 75 years old (41 CFR 105.61.5302-4).
5. It is agreed that the OSS records still contain sensitive documents which
could cause adverse international repercussions. Therefore, as records are
transferred, NARS will conduct initial screening on a series or subseries basis.
When files or documents are requested, a re-screening will be performed on
potentially sensitive records before such items are furnished to researchers.
At such time, NARS reviewers will exercise discretion regarding the release of
records that might cause national or international repercussions. In case of
doubt, or where CIA has identified sensitive records, MRS will consult with
appropriate information specialists of the CIA concerning the propriety and/or
legal basis for continued denial or release.
6. The procedures set forth in this Memorandum of Understanding will become
effective upon execution of this Memorandum of Understanding by both MRS and
CIA.
OBERT M. WARNER
Archivist of the United States
STAT
R
D y Direc r r Administration
C ntral Intel igence Agency
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