LETTER TO LOUIS STOKES FROM WILLIAM H. WEBSTER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00004R000100020002-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 61
• Document Creation Date: December 27, 2016
• Document Release Date: December 19, 2011
• Sequence Number: 2
• Publication Date: August 24, 1987
• Content Type: LETTER

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Central Intelligence Agency
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Washington. D. C.2050s
24 August 1987
The Honorable Louis Stokes
Chairman
Permanent Select Committee on Intelligence
U.S. House of Representatives
Washington, D.C. 20510
Dear Mr. Chairman:
On 29 May 1985, Mr. Casey sent your predecessor, Representative
Hamilton, a report in response to Section 3 in the CIA Information Act of
October 1984. After noting that CI(~ had found it feasible to review
selected historical records for declassification and transfer to the
National Archives, this report described the new Historical Review Program
that CIA had established for that purpose.
In preparing the 1985 report on this new program, Mr. Casey consulted
with those officials and historians specified by the CIA Information Act,
and appended their report to his. One of the consultants' recommendations,
which Mr. Casey especially endorsed,, was that they or a comparable panel be
reassembled in two or three years to assess the program's progress and to
make such further recommendations as are necessary.
On 20 tday 1987 the Agency officers responsible for the Historical
Review Progam therefore met again with this panel of consultants, now
chaired by Dr. Frank Burke, Acting Archivist of the United States. I shall
enclose the panel's new report, which I believe will be of interest to your
Committee. The counsel of these distinguished consultants has again been
highly useful, and I am glad to report that CIA is working hard to carry
out their recommendations.
As the CIA Information Act directed for the previous 1985 report on the
Historical Review Program, I am also sending this 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.
'ncerely,
STAT
illiam H, ster
Director of Centra Intelligence
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Central Intelligence Agency
24 August 1987
STAT
The Honorable David L. Boren
Chairman
Select Committee on Intelligence
United States Senate
Washington, D.C. 20510
On 29 Nlay 1985, Mr. Casey sent your predecessor, Senator Durenberger, a
report in response to Section 3 in the CIA Information Act of October
1984. After noting that CIA had found it feasible to review selected
historical records for declassification and transfer to the National
Archives, this report described the new Historical Review Program that CIA
had established for that purpose.
In preparing the 1985 report on this new program, Mr. Casey consulted
with those officials and historians specified by the CIA Information Act,
and appended their report to his. One of the consultants' recommendations,
which Mr. Casey especially endorsed, was that they or a comparable panel be
reassembled in two or three years to assess the program's progress and to
make such further recommendations as are necessary.
On 20 May 1987 the Agency officers responsible for the Historical
Review Progam therefore met again with this panel of consultants, now
chaired by Dr. Frank Burke, Acting Archivist of the United States. I shall
enclose the panel's new report, which I believe will be of interest to your
Committee. The counsel of these distinguished consultants has again been
highly useful, and I am glad to report that CIA is working hard to carry
out their recommendations.
As the CIA Information Act directed for the previous 1985 report on the
Historical Review Program, I am also sending this report and this letter to
the Chairman of the Committee on the Judiciary 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.
Director of Central "Intelligence
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" ' - //
The Honorable Joseph R. Biden, Jr.
Chairman
Committee on the Judiciary
United States Senate
Washington, D.C. 20510
24 August 1987
STAT
Central Intelligence Agency
Dear Mr. Chairman:
On 29 May 1985, Mr. Casey sent your predecessor, Senator Thurmond, a
report in response to Section 3 in the CIA Information Act of October
1984. After noting that CIA had found it feasible to review selected
historical records for declassification and transfer to the National
Archives, this report described the new Historical Review Program that CIA
had established for that purpose.
In preparing the 1985 report on this new program, Mr. Casey consulted
with those officials and historians specified by the CIA Information Act,
and appended their report to his. One of the consultants' recommendations,
which Mr. Casey especially indorsed, was that they or a comparable panel be
reassembled in two or three years to assess the program's progress and to
make such further recommendations as are necessary.
On 20 May 1987 the Agency officers responsible for the Historical
Review Progam therefore met again with this panel of consultants, now
chaired by Dr. Frank Burke, Acting Archivist of the United States. I shall
enclose the panel's new report, which I believe will be of interest to your
Committee. The counsel of these distinguished consultants has again been
highly useful, and I am glad to report that CIA is working hard to carry
out their recommendations.
As the CIA Information Act directed for the previous 1985 report on the
Historical Review Program, I am also sending this 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.
Director of Central Intelligence
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Central Intelligence Agency
24 August 1987
STAT
The Honorable Jack Brooks
Chairman
Committee on Government Operations
U.S. House of Representatives
Washington, D.C. 20510
On 29 May 1985, Mr. Casey sent you a report in response to Section 3 in
the CIA Information Act of October 1984. After noting that CIA had found
it feasible to review selected historical records for declassification and
transfer to the National Archives, this report described the new Historical
Review Program that CIA had established for that purpose.
In preparing the 1985 report on this new program, Mr. Casey consulted
with those officials and historians specified by the CIA Information Act,
and appended their report to his. One of the consultants' recommendations,
which h1r. Casey especially endorsed, was that they or a comparable panel be
reassembled in two or three years to assess the program's progress and to
make such further recommendations as are necessary.
On 20 May 1987 the Agency officers responsible for the Historical
Review Progam therefore met again with this panel of consultants, now
chaired by Dr. Frank Burke, Acting Archivist of the United States. I shall
enclose the panel's new report, which I believe will be of interest to your
Committee. The counsel of these distinguished consultants has again been
highly useful, and I am glad to report that CIA is working hard to carry
out their recommendations.
As the CIA Information Act directed for the previous 1985 report on the
Historical Review Program, I am also sending this 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.
illiam H. W ster
Director of Central Intell igence
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A Report on the Historical Review Program
of the Central Intelligence Agency
Background. Public Law 98-~77, enacted October 15, 1984,
required that the Director of Central Intelligence consult with the
Archivist of the United States, the Librarian of Congress, and appropriate
representatives of the historical discipline selected by the Archivist in
preparing "a report on the feasibility of conducting systematic review for
declassification and release of Central Intelligence Agency information of
historical value." The then Archivist, Robert M. Warner, designated the
following historians to serve as consultants: John Lewis Gaddis,
Distinguished Professor of History, Ohio University; Richard W. Leopold,
William Smith Mason Professor of American History, emeritus, Northwestern
University; and Gaddis Smith, Larned Professor of History, Yale University.
The Librarian of Congress designated the Assistant Librarian for Research
Services, John C. Broderick, as his representative.
The Consultants met at CIA headquarters, Langley, Virginia,
March 18-19, 1985, to discuss with the Director and members of his staff
the Historical Review Program established by the Agency to meet the
requirements of PL 98-477. The Archivist, Robert M. Warner, was
accompanied by two members of his staff:. Frank G. Burke, Acting Assistant
Archivist for the National Archives, and Alan Thompson, Director of the
Records Declassification Division. On March 19, Mr. Thomson represented
the Archivist. Following the two-day program, arranged by CIA Chief
Historian J. Kenneth McDonald, the Consultants submitted their report to
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the Director of Central Intelligence April 10, 1985. The Director accepted
the Consultants' recommendations and incorporated their findings in his
report to Congress May 29, 1985.
One of the recommendations of the April 10 report had been that
the same consultants or a comparable group be reassembled "in two or three
years" to assess progress toward the stated goals of the Historical Review
Program and to make further recommendations, as seemed necessary. In
cxx~lianee with that recommendation, the Consultants were invited to return
to CIA headquarters for a one-day meeting May 20, 1987. The same group of
consultants were present, with the exception of Dr. Warner, no longer
Archivist of the United States. A list of the participants and an agenda
of the meeting are attached to this report. On the eve of the meeting, the
organizers had provided a report to the Consultants, dated May 15, 1987, as
a summary of developments and as background to their reassessment.
The Historical Review Program. In assessing the accomiplishments
of the program after two years, the Consultants recognize the inherent
difficulties of initiating an ambitious undertaking of this kind.
Inevitably, there will be some false starts, and a period of learning by-
doing. Mistakes will occur, which can and should be the basis for later
improvement. The Agency's support for the Historical Review Program is
commendable, as is its willingness to open the program to further scrutiny.
At the same time, the Consultants believe it important to
reiterate the context and the fundamental principles within which the
program should be fudged. Public Law 98-477, as we asserted in our 1985
report, "attempts to balance the benefits of an informed public with the
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national security need for an effective intelligence service." Neither
side of this particular equation should be permitted to override the claims
of the other. Despite the CIA's statutory obligation to protect
intelligence sources and methods, there is a recognized public and
historical interest in CIA files. Any assessment of the Historical Review
Program, therefore, must address the program's success in balancing these
competing claims.
Findings. We have organized our findings with reference to the
recommendations in our 1985 report. The original recommendation is
provided, followed by a commentary on its fulfillment.
1. That the Historical Review Program examine all permanently
valuable records chronologically, beginning with the earliest, including
the so~alled "designated files."
We find that this reco~nnendation has been fulfilled only in part.
To some extent, failures have been those of methodology, and the short-
comings have been recognized by the HRP staff. For example, the Agency
shelflists have not proved satisfactory tools for best results, since they
have significant gaps. The staff intends to search accession forms for
early records, examine more closely the holdings of the History staff, and
conduct more research in archival holdings in the Agency's Records Center.
These are useful steps and should be taken.
Other shortcomings require more fundamental remedies. We are
disappointed that certain significant files have been excluded altogether.
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In the Office of the Director of Central Intelligence files, for example,
memorandums of conversations and notes of meetings with key staff have been
deemed "privileged" and not subject to review, even though an analogous
set of State Department records have been treated otherwise and a number of
such records released or even published in Foreign Relations of the United
States. This exclusion seems to the Consultants a rigid application of
principle at the expense of the balance spoken of above. Perhaps national
security considerations would require the withholding of most (or all) of
these materials. Commitment to the principles of PL 98-477 requires that
they be subject to review.
The U-2 files also merit comment. We understand that these files
represented a target of opportunity for the program. As such, it was
reasonable to begin to review them and to use the experience as a learning
process for future application to self-contained, topical files of
demonstrated historical interest. We were troubled, however, to learn that
half of the available staff is working on the U-2 files. That seems
excessive and likely to withhold resources from other worthwhile files.
In connection with its proposal for supplementary documentary
publications on intelligence and foreign policy, the Department of State
Historical Office has identified ten groups of CIA records of potential
value to the project and to which access is sought. This listing, attached
to an August 21, 1986, letter, Slany to McDonald, provides a seemingly
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excellent checklist of records which the Historical Review Program might
well consider for early review. It is not our position that the review
program should be tailored to fit a documentary publication, even so useful
a one as this seems likely to be. Nevertheless, the aims of the review
program and the publication are compatible.
2. That release of sanitized documents is preferable to
withholding of whole documents (when certain conditions are met).
The Historical Review Program merits high praise for its
acceptance of this recommendation and the guiding principles behind it. We
were shown some examples of "sanitized" documents. In our opinion, the HRP
treatment successfully retained the significant content of the document,
despite necessary excisions.
Our only recommendation here is that HRP reconsider its current
practice of completely obliterating the document classification level
marking, a datum of considerable potential historical interest in piecing
together evidence about the recent past.
3. That those involved in the Historical Review Program, both
permanent staff and those employed ad hoc, take Hall account of the extent
to which information about CIA activities is already available other than
through release of CIA files.
We find little evidence that this recommendation has been
observed. Nor has its corollary, as expressed in the 1985 report: "close
consultation with the Historical Office to achieve this goal."
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We believe that there must be greater interaction between the
Historical Office and the Historical Review Program. Now that the
Historical Office is approaching its full complement of authorized
positions, such interaction should be easier to achieve. (We were pleased
to observe an absence of friction between the two units and an apparently
harmonious working relationship. There are, therefore, no fundamental
organizational obstacles to the kind of interaction we recommend.)
We note HRP's reliance on CIA annuitants as part-time reviewers
in the program. This is an understandable administrative expedient, and
one that merits approval. We are also satisfied that the work of the
reviewers is itself reviewed for standardization and adherence to
guidelines. Nevertheless, it is our impression that insufficient attention
is being paid to what is already public information, through Freedom of
Information released documentation, publication by former CIA officers, and
other means. (This does not imply that a particular document will
necessarily be released if its substance is known by other means. It
merely guards against uninformed withholding of documentation.)
(Note: In discussion on this point, it was alleged that some
persons publish distorted versions of past events in order to encourage
release of certain files relating to them. Another person commented that
such accounts are "mostly fiction, anyway." The consultants do not think
the Agency should be stampeded into premature release on this basis. On
the other hand, the surest antidote to "fiction" in such accounts is fact,
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particularly in the form of authentic archival files available for public
examination.)
In selecting review staff, HRP should guard against any potential
or actual self-protection by reviewers. ("Protection" is not Pejorative;
it implies an attitude tending toward withholding of documentation of
events the reviewer was involved with, though it could work the other way
as well.) In addition, the review staff should receive systematic briefing
by the Historical Staff on "what is known."
There is one other important function the Historical Staff can
perform. We were surprised to learn that, although that staff had
routinely reviewed declassified records, it had not systematically reviewed
those withheld from declassification. The latter task is essential and
should be Factored into the process.
4. That the Historical Review Program adopt National Archives
and Records Administration Standards in selecting records for review.
The Consultants have been pleased to observe the general adoption
of NARA Standards in selecting records for review. (There is some
overlapping of subject matter between this recommendation and No. 1, above)
Discussion of the HRP and explanation of sane statistical graphs
disclosed that some documents categorized as "withheld" were so treated,
not because of national security considerations, but because they were
adjudged not to be permanently valuable. In the future, documents awaiting
disposition should be reported differently than those withheld. Amore
nearly accurate statistical picture will emerge.
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A more fundamental question is the character of documents deemed
disposable. In the discussion it seemed to be a premise (concurred in by
current NARA schedules for CIA records) that raw intelligence materials
which are not part of "finished" reports were disposable, that only
"finished" intelligence reports and their supporting raw intelligence
merited a permanent place in historical archives. The Consultants dispute
this view and request that CIA and NARA review the priority of current
disposition standards for the CIA raw intelligence, with emphasis on the
1943-1950 period. There may be national secruity reasons to withhold
such documentation but it is a mistake to conclude that it has no
permanent historical value. Historians are interested in reconstructing
what was going on around the world, not just those elements selected within
the CIA as significant for inclusion in finished reports. CIA records are
potentially valuable for both purposes.
It is also our position that the years 1945-1950 form a
transitional period of extremely great importance, many of the events and
decisions of which are not adequately documented in finished intelligence
reports. For this--the (~atenberg or incunabula stage of American
intelligence--reviewers and their superiors should err on the side of
inclusiveness. Hence field reports of the immediate successors of the OSS
should be carefully reviewed for declassification and release. An
analogous case in point is field records of the Federal Bureau of
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Investigation, once targeted for disposal but retained in compliance with
court orders and now recognized by historians, archivists, and the Bureau
alike as permanently valuable historical records.
As implied above in connection with the U-2 files, there should
be a balance of chronological and topical approaches in selecting records
for review. It is also suggested that the potential "yield" of a file
be calculated by a quick survey rather than a laborious working through a
sequential segment.
5. That the Director of Central Intelligence reassemble these
consultants or a comparable group in two to three years to assess progress
and to make further recommendations, as seem necessary.
As stated above, we commend the Agency for its voluntary adoption
of this recExm~endation. Whereas the work of the Consultants in 1985 was
mandated by PL 98-~77, there was no obligation on the part of the Agency to
submit its Historical Review Program to further review. That it has done
so speaks well of its commitment to the spirit of PL 98-477 and to the
realization of its goals.
The timing of this assessment merits comment. Because of staff
vacancies, reorganizations, and delays associated with coordination with
other agencies, the HRP has (statistically) relatively little to show for
its two-year effort, when fudged by the criterion expressed in the 1985
report: "release of inactive records, appraised as permanently valuable,
to the public via the National Archives." In that respect, a meeting in
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1988, rather than 1987, might have seemed preferable, when more material
now in the pipeline of review had trickled out the other end.
Nevertheless, we believe the Agency used good judgment in scheduling the
follow-up meeting two, rather than three, years after the first report. If
this report helps redirect efforts more productively, that decision will
have been conclusively validated.
The question naturally arises: What next? Should a permanent
panel of Consultants be constituted to advise the Agency on its Historical
Review Program? Should the process which the undersigned have undertaken
in 1985 and 1987 be institutionalized for flature action?
We see same advantages to doing so and offer the following
criteria for consideration:
a, the advisory group should be small, with a rotating body of
appointed members. (The Archivist of the U.S. should
continue to be an ex-officio member, and possibly the
Librarian of Congress or his designee as well.)
b. the Archivist should be responsible for naming most or all of
the historians on the advisory group, possibly in
consultation with the executive directors of the American
Historical Association, the Organization of American
Historians, and the Society of American Archivists. (To
maintain credibility, the Agency should not appoint the
public members.)
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c. the group should meet no more often than every two years, but
should receive interim annual reports about the program
(similar to the May 15, 1987, report issued prior to this
yearts meeting).
d. every effort should be made to retain some continuity of
membership.
6. That the Director of Central Intelligence authorize the
publication of selected declassified and releasable intelligence reports
and other intelligence related documents in regular or supplementary
volumes in the FOREIGN RELATIONS SERIES.
The Consultants strongly commend the Agency, the History
Staff, and the Classification Review Division for their positive response
to the proposal by the Department of State to prepare a documentary
publication-on American foreign policy and the emerging intelligence
community. We applaud such cooperation and urge joint efforts in the
future to enhance the authority and value of such publications.
7. That the Director of Central Intelligence satisfy himself
that preservation needs of CIA records are being met.
The Consultants heard a brief report May 20 on preservation
measures being adopted by custodians of CIA records. The report was
reassuring, and we are pleased that this important matter has not been
neglected. The National Archives can provide technical advice and counsel,
as needed.
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Conclusion. The foregoing pages record both satisfactions and
disappointments at the initial progress of the Historical Review Program.
Throughout, we have been concerned with the adequacy of documentation of
20th century history and, specifically, of the actions of the United States
since 1939. We believe that the shortcomings of the program can be traced
to two causes, one of which, in our opinion, is easily remedied, the other
less so.
Greater involvement of the Historical staff in the review program
will not be difficult. Iz~ortant steps in that direction have already
occurred, but more can be done, especially in the areas of providing
historical contexts and in assessing results from the historians point of
view. We do not suggest that the Historical staff has the last word in
these matters. We merely believe that the historians can offer important
perspectives useful in achieving the goals of PL 98-477. In particular,
the historians can help prevent an uninformed judgment about what is or is
not likely to be of interest to historians, now and in the future.
The second cause--attitudinal resistance--is less easily
overcome, though commendable steps have been taken. It is under-
standable that those trained in intelligence gathering, assessment, and
administration should be initially sus be cious of a program to release
information for historical research, research which may indeed be carried
out even by scholars unfriendly to the Agency and its historic role.
Nevertheless, there must be a corm~itment throughout the Agency to recognize
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legitimate public interest in CIA files, as specified in PL 98-477. It is
not enough for the Director of Central Intelligence, the Classification
Review Division, and the History Staff to believe in this principle.
Because of "decentralized declassification," the success of the program
requires commitment throughout the Agency.
The Consultants do not presume to advise the Agency how to
achieve this result. Nevertheless, they believe its achievement a major
priority for the new Director of Central Intelligence and his immediate
staff.
roderi
sistant Librarian for Research Services
Library of Congress
ank G. Burke
Acting Archivist of the United States
John Lewis Gaddis
Richard W. Leopold
Gaddis Smith
dune 26, 1987
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STAT
ROUTING AND RECORD SHEET
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.~=r~? ~ 9 93 x ~~
10 August 1987
MEMORANDUM FOR: Director of Central Intelligence
Deputy Director of Central Intelligence
Executive Director
Executive Secretary
FROM: J. Kenneth McDonald
Chief, History Staff
SUBJECT: Transmittal to Congress of 1987 Report on the Historical
Review Program
1. For your signature, I have attached letters to the Chairmen of four
Congressional Committees, transmitting copies of an external panel's second
report on CIA's Historical Review Program.
2. This panel was first convened in 1985, when the Central
Intelligence Agency Information Act of 1984 required the Director of Central
Intelligence, in consultation with the Archivist of the United States, the
Librarian of Congress, and representatives of the historical discipline, to
report to Congress by 1 June 1985 on the feasibility of a systematic review
program to declassify CIA information of historical value for release to the
public.
3. After consultations with these specified officials and historians
in March 1985, the DCI's report to Congress of 29 May 1985 (copy attached)
noted that this kind of historical review was feasible, described the new
Historical Review Program established to carry it out, and endorsed the
consultants' recommendation that the DCI reassemble them or a comparable
panel in two or three years, to assess the program's progress and to make
such further recommendations as might be necessary.
4. The panel's 1985 consultations were extraordinarily helpful in
organizing the Historical Review Program, and its report helped assure
Congress and the historical profession of the Agency's good faith in
undertaking this program. This spring, the Directorate of Administration's
Classification Review Division and the DCI History Staff invited the
consultants to meet again, on 20 May 1987, to evaluate the program's
progress in the two years since their first visit. The same consultants
assembled as in 1985, except that Dr. Frank Burke, Acting Archivist of the
United States, replaced Dr. Robert Warner, who retired in June 1985.
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SUBJECT: Transmittal to Congress of 1987 Report on the Historical
Review Program
5. This panel has submitted a report on its 20 May 1987 consultations,
which offers both a useful critique of our program's work so far, and sound
advice for its future development. Following the example of 1985, when the
DCI sent Congress the consultants' report along with his own, the attached
letters have been prepared for your signature, to transmit copies of the
panel's new report to the same four congressional committee chairmen who
received the 1985 reports.
STAT
STAT/HS/JKM:nkl~ (10 Aug 87)
,,, ~.,
Distribution:
Orig -Addressee w/rpt.
1 - CRD/DA w/o rpt
1 - OCA w/rpt
1 - EXReg w% rpt
1 - HS Chrono w/o rpt
1 - HRP File w/rpt
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Report of the Director of Central Intelligence
to the Committees of Congress
on the
Historical Review Program
On 15 October 1984 President Reagan signed into law the Central
Intelligence Agency Information Act (Appendix A), which authorizes the
Director of Central Intelligence (DCI) to exempt certain files from search
under the Freedom of Information Act. Section 3(a) of this Act also states
that
The Director of Central Intelligence, in consultation 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 declassification and
release of Central Intelligence Agency information of historical value.
The Act directs the DCI to submit this report to the Permanent Select
Committee on 'Intelligence and the Committee on Government Operations of the
House of Representatives, and the Select Committee on Intelligence and the
Committee on the Judiciary of the Senate.
In response to this requirement, on 18-19 March 1985 the DCI and members
of his staff met at CIA Headquarters with the Archivist of the United States,
Dr. Robert M. Warner, the Assistant Librarian for Research Services, Dr. John
C. Broderick, representing the the Librarian of Congress, and the following
three historians selected by the Archivist:
Dr. John Lewis Gaddis, Distinguished Professor of History, Ohio
University
Dr. Richard W. Leopold; William Smith Mason Professor of American
History Emeritus, Northwestern University
Or. Gaddis Smith, Larned Professor of History, Yale University
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' STAT
Dr. Frank G. Burke, Acting Assistant Archivist for the National Archives,
and Mr. Edwin A. Thompson, Director, Records Declassification Division,
accompanied the'Archivist on Monday, 18 March, and Mr. Thompson represented
the Archivist at the meetings on Tuesday, 19 March. The Historian of the
Department of State, Dr. William Z. Slany, and his Deputy, Dr. Neal H.
Petersen, also attended Monday when the question of intelligence documents
and The Foreign Relations of the United States series was taken up.
The consultants met with the Director of Central Intelligence, Mr.
William J. Casey, at lunch on Monday, 18 March 1985. Representing the DCI in
the two days' discussions were Director of Information
Services, Dr. J. Kenneth McDonald, Chief Historian, and other officials
responsible for CIA's new Historical Review Program.
The discussions focused on the Historical Review Program, which responds
to the concerns reflected in Section 3 (a) of the CIA Information Act, as
explained in the 1 May 1984 Report of the House Permanent Select Committee on
Intelligence:
Section 3 is intended to require the Director of Central
Intelligence to study the feasibility of a declassification program which
would supplement the voluntary declassification review program agreed to
in an exchange of letters of October 3 and 4, 1983, between Director of
Central Intelligence William J. Casey and Senator Dave Durenberger.
Those letters refer to "selective" review of materials that the CIA
believes "would be of greatest historical interest and most likely to
result in declassification of useful information." The type of
systematic review Section 3 requires the Director to consider would take
into account similar criteria, but would envisage a greater volume of
declassification.
The Committee expects the Director's report to explore the full
range of ideas which can contribute to the objective of making available
CIA information of historical value on the diplomatic, military and
intelligence activities of the United States without risking damage to
the security or foreign policy of the Nation. The Committee considers
the Foreign Relations of the United States series published by the
Department of State to be an excellent example of a project which
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contributes to this objective. Because of the especially sensitive
nature of the work of the CIA, this type of large-scale chronological
disclosure of CIA information of historical value may not be possible.
However, the Committee expects the report of the Director of Central
Intelligence to explore this possibility on some appropriate scale, along
with exploring other ideas which can contribute to the objective set
forth above.
In the two days' meetings CIA officers briefed the consultants on plans
and procedures adopted for implementing the Historical Review Program. In
executive session at the end of these discussions the consultants agreed on
their recommendations. On 10 April 1985 the Archivist, Dr. Warner, submitted
"A Report to the Director of Central Intelligence by Consultants on the
Historical Review Program." The present report to Congress takes full
account of the consultants' report and explains how the Historical Review
Program has incorporated their recommendations. (Appendix B contains the
consultants' report, whose attachments include the meetings' full agenda and
biographical summaries of the consultants.)
Casey-Durenberger Agreement
Before describing CIA's Historical Review Program, however, we should
give a brief account of the 3-4 October 1983 exchange of letters between Mr.
Casey and Senator David Durenberger, which forms the foundation for this new
program. (Appendix C has copies of these letters.)
In his 3 October 1983 letter to Mr. Casey, Senator Durenberger observed
that their work on the prospective CIA Information Act had highlighted the
need to make more declassified materials available to historians. In light
of their common concern for history and historians, Senator Durenberger urged
Mr. Casey to establish procedures for reviewing and declassifying some of the
material in files not covered by the bill's exemptions. Senator Durenberger
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added that although a declassification review program would be a burden for
the CIA, "it would be a mark geable burden and one well worth assuming."
Moreover, he offered to lead the effort to provide budget support for
positions to be devoted to this enterprise. Establishing such a
declassification review program, he concluded, "would demonstrate your
commitment to openness in the things that matter, while continuing to
safeguard that which must remain secret."
Affirming Senator Durenberger's views on the need for an accurate
historical record, Mr. Casey's reply declared,
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 reatest historical interest and
most likely to result in declassification of useful information.
The agreement in this exchange of letters thus envisioned a CIA historical
review program organized after passage of the CIA Information Act,.using
additional resources Congress would then provide for this purpose.
Transfer"of OSS Records
In his letter to Senator Durenberger, however, Mr. Casey explained that
on his own initiative he had already asked his Chief Historian to explore a
program that would release "usable historical materials from the World War II
period." As a result of this initiative CIA took steps to transfer to the
National Archives and Records Service (NARS--since 1 April 1985, National
Archives and Records Administration, NARA) its entire holdings of
declassified World War II Office of Strategic Services (OSS) permanent
records, a large collection of major historical importance. In June 1984,
after concluding a Memorandum of Understanding with NARS concerning
procedures and responsibilities (Appendix D), CIA began its transfer to NARS
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of some 2500 cubic feet of declassified OSS operational records in CIA's
custody. On 11 June 1984 the National Archives opened for research the first
194 cubic foot Yncrement of these newly declassified OSS records. The
opening of this collection for the first time permits thoroughly documented
studies of the role of American intelligence in World War II. As Mr. Casey
wrote to Senator Durenberger in June 1984, this transfer constitutes "an
important first step in implementing the selective declassification program I
promised to initiate last October."
By May 1985 the National Archives and Records Administration had
accessioned approximately 800 cubic feet of OSS records. The transfer of a
collection of this size is a large undertaking for both CIA and NARA, and the
two agencies are cooperating closely to maintain the transfer pace. The
pressure has probably been heavier on NARA, since a CIA team of 13 had
already spent almost four years reviewing these records for declassification
before this transfer began. It may be late 1986 before all of these OSS
records are open to researchers. In the meantime, while continuing the
transfer of OSS records, the Agency is moving systematically to establish its
new Historical Review Program on a permanent footing.
Aims
CIA recognizes that it is accountable not only to Congress but also to
the American public. Congress, historians, the media and the general public
clearly expect us (after proper review) to release documents of historical
significance that no longer require protection in the interest of national
security. The Freedom of Information Act already makes this clear, and our
exemption from searching certain designated operational records under the new
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Y~ ~e~r
CIA Information Act increases the pressure to declassify other records. Our
consultants rightly point out that "in a society as open as that of the
United States, excessive secrecy erodes Government credibility and encourages
distortions of the historical record." Moreover, as Senator Durenberger
observed in his 3 October 1983 letter to Mr. Casey, "The important thing is
to make the declassification of historical information a cooperative
endeavor, rather than a test of wills fought out in FOIA requests and
courtrooms." Needing the confidence of the American public to do our work,
we hope to strengthen that confidence by undertaking this program to review
CIA records of historical value for declassification and transfer to the
National Archives.
In establishing the Historical Review Program, we have not attempted to
distinguish between the voluntary program to which Mr. Casey committed CIA in
his 4 October 1983 letter to Senator Durenberger, and the systematic program
that Section 3 of the CIA Information Act proposes. As the House Report
notes, both take into account similar criteria. After exploring a full range
of options and ideas, CIA has decided to organize a maximum effort from the
outset, to declassify and transfer to the National Archives the greatest
feasible volume of historically significant records. Our consultants have
examined and evaluated this proposed program, we have incorporated their
recommendations into it, and we fully endorse their view that the program's
must be release of inactive records, appraised as permanently valuable,
to the public via the National Archives, as the most effective means of
serving the public interest and especially that of historical research.
Organization
Principal responsibility for this program has been assigned to the
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Director of the Office of Information Services (OIS), in the Directorate of
Administration, with advice, and support from the History Staff in the Office
of the DCI. As~Senator Durenberger promised, Congress provided CIA with ten
additional positions to support this program. Eight of these have been
allocated to OIS, and two to the History Staff. Both organizations have
moved to fill these positions.
The role of the History Staff is to consult with outside historians, to
help the Office of Information Services and the Agency's components select
historically important records, and to provide insight and judgments on
historical value throughout the review process. The consultants' report, in
commending the significant role assigned to an enlarged History Staff in the
program, noted that this staff is "best qualified to render 3udgment on the
potential historical value of certain files and records."
The History Staff was reestablished in its present form in 1980, and the
Chief Historian recruited from outside CIA in 1981. In addition to its chief
and his deputy, the History Staff has four staff historians, two of whom are
being added specifically for the Historical Review Program. The History
Staff's doctorates are from Oxford, Bryn Mawr, University of North Carolina,
Indiana University, Columbia and Johns Hopkins. All have served on college
or university history faculties, and they continue to be active in the
profession--in scholarly meetings and publications--outside of their CIA
work. The History Staff is committed to the success of the Historical Review
Program, and its members are unusually well-qualified by training and
experience to carry out the duties required of them.
The Office of Information Services has assigned responsibility for the
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Historical Review Program to its Classification Review Division. This
Division has formed a new Historical Review Branch dedicated to this program,
whose full-time'staff will be supplemented as needed by qualified contract
help. This Branch has taken the lead in finding ways to identify and locate
records whose historical interest and declassification potential make them
promising candidates for review. The Classification Review Division will
coordinate with Agency components the actual review of records once
selected. Using its extensive experience as coordinator for CIA's 1977-82
systematic review program, this Division is developing review guidelines and
procedures in accordance with relevant CIA and other federal directives.
Although commenting favorably on the Agency staff committed to the
Historical Review Program, the consultants concluded that they could not
readily judge whether the resources assigned to the program, including an
augmented History Staff, are sufficient to make acceptable progress. We
therefore endorse their recommendation that
The Director of Central Intelligence reassemble these consultants or a
comparable group in two or three years to assess progress and to make
further recommendations, as seem necessary.
Selection
As Senator Durenberger suggests in his 3 October 1983 letter to the DCI,
we shall use the same criterion to select material for review that the CIA
Information Act sets forth for file designation review, that is, "the
historical value or other public interest in the subject matter". Since
documents of historical value--practically speaking--are those that
historians value, CIA's Chief Historian will take into account the
recommendations of a wide range of historians--e.g. the historians of the
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Departments of State and Defense, the Archivist of the U.S., as well as
academic and private historians--in determining what records meet this
criterion. Our objective is to evaluate material in light of the
contribution its declassification can make to an understanding of
intelligence, foreign policy and international developments.
In selecting records, as Mr. Casey noted in his 4 October 1983 reply to
Senator Durenberger, we expect to concentrate our efforts on files that are
of the greatest historical interest, and are most likely to result in the
declassification of useful information. As a~general rule this latter
consideration--the potential "yield" of declassified documents--will mean
focusing first on the Agency's earliest records, as opposed to more recent
material. We have begun with our oldest records not only because we expect
them to produce the most releasable material, but also because we plan to
conform to the regular procedures followed throughout the U.S. government for
transferring permanent records to the National Archives, which normally
accessions only records 20 years old or older. Moreover, we do not propose
to pick out individual documents on particular topics from various files, but
rather to adopt National Archives and Records Administrations standards in
selecting significant classes of records for review. Following our
consultants' recommendation, we have therefore established procedures to
examine all permanently valuable records chronologically, beginning with the
earliest, including "designated files" in conjunction with the periodic
review required by Section 702 of the CIA Information Act.
In deciding which groups of records to review, the program will also
follow the two principles that our consultants commend to us as "Finished
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First" and "Top Down." As they note, these principles mean that "finished
intelligence considered by high-ranking officials should have first priority
in review." Fihished intelligence deserves priority for two reasons. First,
the final version of an intelligence report or estimate is ordinarily what
policy-makers see and act on. Secondly, it is less likely than raw data to
reveal intelligence sources and methods that must continue to be protected.
"Top Down" means that we shall give priority to reviewing the records of the
Director of Central Intelligence and his principal subordinates, when--as the
consultants note--the potential yield of declassifiable files makes this
approach feasible.
Review
Beginning with our post-World War II records, we propose to move
systematically to review coherent groups of documents that the National
Archives has scheduled as permanent records, and from which we expect to be
able to declassify a substantial percentage of records. In this process we
shall work closely with the National Archives, using the valuable experience
and working relationships we have gained over the years, and most recently in
the review and transfer of our OSS operational records. At our March
meetings National Archives representatives assured us that, barring
unforeseen loss of staff resources, their staff is equal to the task of
keeping pace with the Historical Review Program's processing and preparation
of records for National Archives' accession.
Our consultants noted that delays in declassification review are often
caused by the need to coordinate many documents with other government
departments and agencies having equities in them. As they suggest, the DCI,
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as head of the Intelligence Community, will seek cooperation from all the
relevant agencies in expediting their review of documents submitted to them
by the Historical Review Program.
Although we shall declassify and transfer whole documents whenever
possible, we agree with our consultants that the transfer of a minimally
"sanitized" document (that is, with some excisions) is preferable to
withholding it altogether. We shall therefore when necessary sanitize a
document for transfer in unclassified form, using the following guidelines
from our consultants:
a.
the "sanitizing" may be accomplished with little additional staff
effort and minimal impact on the Review program;
b.
the essential significance of the record is retained;
and
c.
there is no distortion of bibliographical identity, including
authorship and recipient, and use made of the record, even if
details of internal dissemination are excised.
As the program moves forward the History Staff will consult with the
Classification Review Division and the components controlling records with
respect to the consultants' recommendation that those involved in the
Historical Review Program "take full account of the extent to which
information about CIA activities is already available other than through
release of CIA files."
With the transfer of our declassified OSS documents, our oldest records
are those of CIA's postwar predecessor organizations, the Strategic Services
Unit and the Central Intelligence Group, which cover the period 1 October
1945 to 18 September 1947. CIA has already taken steps to review the
Strategic Services Unit records, so that in due course we can transfer those
that are declassified to the National Archives. After reviewing the Central
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Intelligence Group records we shall move to select records from the files of
CIA proper, beginning in 19.47. We hope to declassify historically
significant documents that will make CIA material available--as the State and
Defense Departments' material is generally available--up to the 1960s.
Publication
The consultants and CIA representatives discussed the suggestion of the
House Permanent Select Committee on Intelligence (quoted on page 3 above)
that CIA explore the possibility of publishing declassified documents in a
series similar to the Department of State's Foreign Relations of the United
States. State's Historian's Office has in fact considered compiling
supplements to earlier Foreign Relations volumes of the 1940s and 1950s, to
publish important documents (such as CIA reports and estimates and National
Security Council papers) that have been declassified since the publication of
the original volumes. This seems the most promising and useful way to
publish the most significant declassified CIA documents. In discussions with
the consultants at the 18 March meeting, however, the Historian of the
Department of State, Dr. William Slany, explained that his office's present
commitments and limited resources make it highly unlikely that they can
undertake any such supplementary volumes in the foreseeable future.
The consultants nevertheless concluded that the Foreign Relations
volumes, whose successive prefaces properly declare them to be "the official
record of the foreign policy of the United States," are the appropriate and
preferred vehicles for publishing finished intelligence and other documents
relating to intelligence activities abroad. "Indeed," the consultants'
report observes, "without the inclusion of such documents, either in basic or
supplementary volumes, the history of American foreign relations is
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impoverished and incomplete." The consultants therefore recommended that
the Director of Central, Intelligence authorize the publication of
selected declassified and releasable intelligence reports and other
intelligence related documents in regular or supplementary volumes in the
Foreign Relations series, rather than as separate publications by CIA.
Although State cannot now undertake supplementary volumes to incorporate
CIA material for the earlier postwar years, CIA will continue to make
documents available for publication in the regular volumes in the Foreign
Relations series, which have now reached the Vietnam War era. For a number
of years the Agency's History Staff has arranged for Department of State
historians to have access to classified CIA files (especially in the several
presidential libraries), and our Classification Review Division has reviewed
for declassification those CIA documents State's editors select for
publication in each Foreign Relations volume. We shall of course continue to
help make CIA records available for the forthcoming regular volume$ of this
distinguished series. We hope, however, that in due course the Historian of
the Department of State will be given the resources he needs to publish
supplementary Foreign Relations volumes with important CIA and other records
that have been declassified since earlier volumes appeared.
Preservation
Noting that security classification requires CIA to retain custody of its
records longer than most government agencies, the consultants suggested that
special precautions may be necessary to guard against undue deterioration of
records. They therefore offered the cautionary recommendation, not based on
any .observed shortcomings, that "the Director of Central Intelligence satisfy
himself that the preservation needs of CIA records are being met." The point
is well taken, and CIA is reviewing its ongoing records preservation program.
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? ~iir+~+ ~rit~4
Conclusions
We cannot conclude without expressing our gratitude to the five
distinguished consultants who met on 18-19 March 1985 with the CIA officers
responsible for this program. Their well-informed and eminently practical
counsel, both at the meetings and in their formal report, has been
extraordinarily helpful in our efforts.
We believe that, with our consultants' help, we have investigated
carefully the "full range of ideas" that the House Report urged us to
explore. Balancing our statutory duty to protect intelligence sources and
methods with legitimate public interest in CIA records, our program is
designed to make significant historical information available without risking
damage to our national security. Although we believe that the Historical
Review Program is established on a sound footing, some time will be needed to
find out how well our arrangements work in practice. We shall seek advice
and make adjustments as we proceed, but we agree that after a reasonable
period the program should have another thorough external review. As the
consultants recommend, the DCI will invite them or a comparable group in two
or three years to assess the program's progress, and to rake such further
recommendations as are necessary.
Our consultants reported that they found a strong sense of institutional
and personal commitment to the Historical Review Program on the part of those
in charge of its implementation. CIA is grateful for their confidence, and
determined that this new program succeed in releasing intelligence documents
that will make possible a more accurate record and fuller understanding of
our nation's history since. World War II.
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 STAT
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Next 15 Page(s) In Document Denied
Q
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PUBLIC LAW 98-477-OCT. 15, 1984 98 STAT. 2209
Public Law 98-477
98th Congress
To amend the National Security Act of 1947 to regulate public discloeurc of informs- Oct. Ib, 1981
lion held by the Central Intelligence Agency, and [or other purpoaa. [H.R. b164]
Be it enacted by the Senate and House of Representatives of the
United States ojAmerica in Co assembled. That this Act mad Central
be cited as the "Central Intelce ency Information Act' . Intelligence
SEC. 2. (s) The National Security Act of 1~4? is amended by adding Agency
Information Act.
at the end thereof the following new title: 5o USC 401 note.
"TITLE VII-PROTECTION OF OPERATIONAL FILFS 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 bo 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 teen '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 goveniments or their intelligence or
sec~nty services;
"(2) files of the Directorate for Science and Technology which
document the means by which foreign intelligence or eounterin-
~aligence is collected through scientific and technical systems;
"(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
intelll~gence are not operational files.
"(c) Notwithstanding subsection (a) of this section, exempted oper-
ational files shall continue to be subject to search and review for
information coacerning-
"(1) United States citisens 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 activit the existence of which is not exempt
from disclosure under ~e provisions of section 652 of title b,
United States Code (Freedom of Information Act} or
"(3) the specific subject matter of an investl'gation by the
intelligence committees of the Congress, the Intelligence Over-
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98 STAT. 2210 PUBLIC LAW 9~-477-0('T. 1 Vii, 19h4
sight Board, the Department of Justice, the Office of General
Counsel of the Central Intelligence Agency, the Office of Inspect
for 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.
co~~, 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
Intelli;~ence Agency, such information shall be examined ex
pane, 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;
"(4KA) 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, nited States Code,
by demonstrating to the court by sworn written submission that
exempted operational files likely to contain responsive records
currentlx 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, 1989 98 STAT. 2211
submission based on personal knowledge or otherwise admissi-
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 6 of the Federal Rules of Civil Procedure, except that 2s use app.
3requesta for admission may be made pursuant to rules 26 and
"(6) if the court finds under this subsection that the Central
Intelligence Agency has improperly withheld requested re~oords
because of failure to comply with any provision of this section,
the court shall order the Central Intelligence ~ency to search
and review the appropriate ezempted operation 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.
"DHCBNNI/-I, REVIEW OF E7CEASPTED OPERATIONAL FILES
"Esc. 702. (a) Not less than once every ten years, the Director of 5o Usc x32.
Central Intelligence shall review the exemptions in force under
subsection (a) of section ?Ol of this Act to determine whether such .tnte, p. 2209.
ezemptions may be removed from aay category of exempted files or
and 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 com~laiaant 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 prooeeding, 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 IntelliIiggence 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:
"1TCI.E VII-PRO'1'E(.'I'[ON OF OPERATIONAL FILES OF THE CENTRAL
IIV'fELidGENCE AGENCY
"Sec. 701. Exemption of certain operational Tiles 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.".
Rep?rts. SEC. 3. (a) The Director of Central Intelligence, in consultation
5o use 432 note. kith 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) adescription 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 uests (i) received and processed
during the preceding six wont ,and (ii) pending at the time of
submission of such re rt; 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.
Et'fective Gate. SEC. 4. The amendments made by subsections (a) and (b) of section
5o Usc a31 note. 2 shall be effecrtievge upon enactment of this Act and shall apply with
made~p o to suchueenactment oarld~ shall apply to all c vil 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).
OONGRESSIONAL REOORD, Vol. 130 (1984):
Sept 17, 19, considered and passed House.
Se 28, considered and paa~ Senate.
WEEKLY OOMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 42 (1984):
Oct. lb, Presidential statement.
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'~'~dtzonal
/~ .~,..~Ine~ Inc
Executive Registry
V~ishington, DC20408
STAT
APR 10 ~
ni circvr.~
Honorable William J. Casey
Director
Central Intelligence Agency
Washington, DC 20505
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 dust as soon as they no longer require national security protection.
proposals for conducting the historical review program. The well organized
briefings grid the comments they contributed to our discussions were extremely
helpful.
and their staffs for the conference arrangements and for prov ing us w t
essential information on CIA records, programs, review experience, and
Please accept too, our thanks to Dr. J. Kenneth McDonald and
Sincerely,
ROBERT M. WARNER
Archivist of the United States
Enclosure _
NadonalArchic,~ and RecorrlsAdmrnistrrition
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A REPORT Ta THE DIRDC'TOR OF CF3~TRAL INTELLIGENCE
BY CONSULTANTS ON THE HISTORICAL REVIEW PROGRAM
Public Law 98-477, enacted October 15, 1984, requires that the
Director of Central Intelligence consult with the Archivist of the United
States, the Librarian of Congress, and appropriate representatives of the
historical discipline selected by the Archivist in preparing "a report on the
feasibility of conducting systematic review for declassification and release
of Central Intelligence Agency information of historical value." The
Archivist designated the following historians to serve as consultants:
John Lewis Gaddis, Distinguished Professor of History, Ohio University;
Richard W. Leopold, William Smith Mason Professor of History, emeritus,
Northwestern University; and Gaddis 9nith, Earned Professor of History, Yale
University. The Librarian of Congress was represented by the Assistant
Librarian for Research Services, John C. Broderick. The Archivist, Robert M.
Warner, was accompanied by two members of his staff: Frank G. Burke, Acting
Assistant Archivist for the National Archives, and Alan Thompson, Director of
the Records Declassification Division. On March 19, Mr. Thompson represented
the Archivist. (Biographical summaries about the consultants are attached to
this report.)
The Consultants met at CIA headquarters, Langley, Virginia, March
18-19, 1985, to discuss with the Director and members of his staff the
Historical Review Program established by the Agency to meet the requirements
of PL 98-477. The two-day program, arranged by CIA Chief Historian J. Kenneth
Mc~onald, provided the consultant group with an opportunity to acquaint itself
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with plans and procedures adopted by CIA and to discuss relevant issues with
the staff members responsible for implementing the Historical Review Program
in all its aspects. Following the briefings, the consultants met in
executive session to formulate their recaYmendations. (A full agenda of the
meeting is attached to this report.)
In the view of the consultants, PL 98-477 attempts to balance the
benefits of an informed public with the national security need for an
effective intelligence service. The Director of Central Intelligence has
accepted the validity of public and historical interest in CIA files,
consistent with the need to protect sources and foreign relations (Casey to
Durenberger, October 4, 1983). The consultants likewise recognize the need to
balance CIA's statutory obligation to protect intelligence sources and methods
with legitimate historical interest in CIA records. PL 98-477, the Agency's
Historical Review Program, and the work of the undersigned consultants seem to
be important steps toward achieving such a balance.
Nevertheless, the consultants urge recognition of the fact that, in
a society as open as that of the United States, excessive secrecy erodes
Government credibility and encourages distortions of the historical record.
The Department of State's decision in 1955 to release documentation on the
Yalta Conference, only ten years after the event, provides an excellent
example of how a policy of generous disclosure can promote more balanced
discussion of controversial events without in any way compromising the
interests of national security. We hope to see the CIA historical review
program produce comparable results. We wish also to stress that the
availability of full and reliable historical documentation is indispensable
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for the education of students fran whose ranks will cane future officers of
the Executive Branch, legislators, and teachers and cannentators dealing with
issues of national security policy.
We commend the decision by the Director and the Agency to assign a
prominent role to the Historical Office in providing insight and judgments on
historical value throughout the review process.
Aims and Methods. The aim of the Historical Review Program must
be release of inactive records, appraised as permanently valuable, to the
public via the National Archives, as the most effective means of serving the
public interest and especially that of historical research. To that end the
consultants recannend that (1) the Historical Review Program examine all
permanently valuable records chronologically, beginning with the earliest,
including the so-called "designated files" (i.e., those identifie9 in
PL 98-477, under Sec. 701 (b)). It is understood that the Agency is required
to make a decennial review of exempted operational files. (CIA staff indicate
that such a review will occur more often than every ten years.) Nevertheless,
because records affecting a single activity of historical importance may
appear in several files, including "designated files," it is hoped that the
review program will include the latter files, in the expectation that one or
more of the following actions may take place: dedesignation, declassification,
and release to the public through transfer to the National Archives.
Ideally, whole office file systems, whole file series, and whole
doc~snents should be released as a result of the Historical Review Program.
However, the consultants recommend that, when necessary, (2) release of
sanitized documents is preferable to withholding of whole documents, when the
following conditions are met: (a) the "sanitizing" may be accomplished with
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little additional staff effort and minimal impact on the Review Program, (b)
the essential significance of the record is retained, and (c) there is no
distortion of bibliographical identity, including authorship and recipient,
and use made of the record, even if details of internal dissemination are
excised.
The consultants rec-ocmiend that (3) those involved in the
Historical Review Program, both permanent staff and those employed ad hoc,
take full account of the extent to which information about CIA activities
is already available other than through release of CIA files. They suggest
close consultation with the Historical Office to achieve this goal.
Criteria. The consultants recommend that (4) the Historical
Review Program adopt National Archives and Records Administration standards in
selecting records for review (e.g., oldest records first, coherent groups,
etc.). E~rther, the historical value and potential "yield" should be
considered, keeping in mind the principle stated above, that the review
program should ultimately lead to release of inactive files through the
National Archives. Throughout, it should be renenbered that "historical value
equals that which is of value to historians," primarily those records that
illuminate major national policies in the area of foreign affairs and national
security. Although the basic approach in the review program will be
determined by the nature of information in the files examined, we urge that both
chronological and topical approaches be adopted. Two other principles may be
expressed as follows: "finished first" and "top down." The final version of
an intelligence report will be of value to historians, even if the raw
material leading to the report remains classified and/or unreleased. It may
be that the final report is the only version which the policy-maker had
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available to him or her, in any case. The second principle applies to the
order of priority. In other words, the files of the agency heads and
principal subordinates are likely to be of greatest historical interest and
value. insofar as possible, such files should be high on the list of priori-
ties for review, assuming that the "yield" in releasable files makes such an
approach feasible. Ultimately, all records should be reviewed. Although
finished intelligence considered by high ranking officials should have first
priority, definitive history must be based on access to a mass of "unfinished,"
operational and administrative records. Furthermore, there is no way for one
generation to know with certainty what historians of subsequent generations
will consider most significant.
Organization and Procedures. The consultants were pleased to
find a strong sense of institutional and personal coim~itment to the Historical
Review Program on the part of those in charge of its implementation. We
especially commend the decision of the agency to allot a full-time,
dedicated staff to the effort, supplemented by qualified contractual
assistance when warranted. As stated earlier, another plus in the plan is the
significant role assigned to the revitalized and enlarged Historical Office.
That staff is best qualified to render judgment on the potential historical
value of certain files and records. That judgment is only a part of the
entire review program, we acknowledge, but an essential ingredient
nevertheless.
The consultants concluded that the important question of allocation
of resources could not be readily addressed at this time. Whether the dedi-
cated staff assigned to the Historical Review Program, including an augmented
Historical Office staff, is sufficient to make acceptable progress, we cannot
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say. For that reason, the consultants recannend that (5) the Director of
Central Intelligence reassemble these consultants or a comparable group in two
to three years to assess progress and to make further recoi~iendations, as seem
necessary.
We also urge the Director of Central Intelligence to use his
authority as head of the Intelligence Community to insure that all relevant
agencies of Government cooperate in the important undertaking which his agency
has begun. The pace of the Historical Review Program should not be delayed by
necessary actions of review by other agencies. During the two-day
deliberations, National Archives and Records Administration representatives
indicated that, barring unforeseen loss of staff resources, the NARA staff is
equal to the task of~keeping pace with the output of the Historical Review
program in processing and making available releasable docuunents in the
National Archives.
Additional Considerations. The consultants discussed official
disclosure through publication as well as through release of retired files to
the National Archives. They also heard from representatives of the Department
of State Historical Office concerning the publication series Foreign
Relations of the United States (see agenda). The Foreign Relations volumes
are "the official record of the foreign policy of the United States," as their
successive prefaces avow. The volumes are, therefore, the appropriate and
preferred vehicles for publishing "finished intelligence" (National
Intelligence Estimates and the like) and other documents relating to intel-
ligence activities abroad affecting foreign relations and national security.
Indeed, without the inclusion of such documents, either in basic or supple-
mentary volumes, the history of American foreign relations is impoverished and
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incomplete. The consultants recommend, therefore, that (6) the Director of
Central Intelligence authorize the publication of selected declassified and
releasable intelligence reports and other intelligence related documents in
regular or supplanentary volumes in the FOREIGN RELATIONS series, rather than
as separate publications by CIA.
The consultants are also concerned about the possible physical
condition of CIA files, in an age when the preservation of paper documents is
recognized as a costly and inescapable responsibility of archives and
libraries. Because of the generally longer period of retention of records in
CIA custody than would be customary for less sensitive material elsewhere, it
may be necessary to take special precautions to guard against undue
deterioration of records. The consultants recam~end, therefore, that (7) the
Director of Central Intelligence satisfy himself that preservation needs of CIA
records are being met, through proper environmental conditions for storage
of historically significant but deteriorating records, through conversion to
a secondary format (microfilm, microfiche, optical disk, etc.), or other
means, as appropriate. (This reca~mendation is a precaution, not a commentary
based upon any observed shortcoming in the Agency's preservation program.)
Summary of Recam~endations:
1. an inclusive, systematic review program,
leading to regular retirement of records
to the National Archives.
2. release of minimally sanitized documents
in preference to withholding of whole documents.
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3. awareness in the review program of information
about CIA already publicly known.
4. adoption of archivally-tested selection
criteria for review program.
5. assessment of progress of review program
in 2-3 years by comparable or identical
group of consultants.
6. publication of appropriate declassified CIA
doc~nents in Foreign Relations of the
United States.
7. an ongoing concern for preservation
considerations.
The consultants express their appreciation to William J: Casey,
Director of Central Intelligence, and his staff for the courtesies extended
during the two days of deliberations. Special thanks are due to Chief
Historian Kenneth McDonald and to Ben DeFelice, Director of Information
Services, under whose responsibility the Historical Review Program will
proceed. It was a productive two days of serious exchanges of information,
for which the consultants and the agencies and disciplines which they
represent are appreciative.
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Respectfully submitted,
Robert M. Warner
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HISTORICAL REYIEW PROGRAM
Meetings 18-19 March 1985
Agenda
Monday, 18 March
10:30 a.m. Convene in Conference Room, 7032 Headquarters
Welcome and Ihtroductions (Ken McDonald)
10:45 a.m. Origins b Overview of the Historical Review Program (Ken
McDonald)
STAT
CIA's Records System
11:45 a.m. Break for Lunch
12:00 noon Lunch
1:30 p.m. Reconvene in Conference Room 7032
;STAT
.Comments on the Historical Review Program
STAT
sification Review Division: Role b Experience
STAT
2:15 p.m. Directorate of Operations b the Historical Review Program
STAT
2:45 p.m. Directorate of Intelligence b the Historical Review Program
STAT
3:15 p.m. Break
3:30 p.m. The National Archives' Role in the Historical Review Program
(Robert Warner or other NARS representative)
4:00 p.m. Forei n Relations of the U.S. b the Historical Review Program
Nea etersen, epartmen~o~ State )
4:30 p.m. Discussion and planning for Tuesday morning session
5:00 p.m. Adjourn
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Tuesday, 19 March
9:30 a.m, Convene in Conference Room, 7D32
12:00 noon Lunch
1:30 p.m. Convene in Conference Room, 7D32 (Consultants only)
4:00 p.m. Full group reconvenes in Conference Room, 7032
4:30 p.m. Adjourn
N.B. Sometime on Tuesday afternoon an Agency representative will deliver
honoraria checks and reimburse consultants' expenses,
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HISTORICAL REVIEW PROGRAM
Meetings 18-19 March 1985
Participants
John C. Broderick Assistant Librarian for Research Services, Library of
Congress
John Lewis Gaddis Distinguished Professor of History, Ohio University
Richard W. Leopold William Smith Mason Professor of American History
Emeritus, Northwestern University
Gaddis Smith Larned Professor of History, Yale University
Robert M. Warner Archivist of the United States
I I. CIA
STAT
STAT
Deputy Director of Information Services
Director of Information Services
Chief, Information Management Branch, Resources
Division, Office of Information Services
Staff Historian, DCI History Staff
Chief, Classification Review Division
Information Review Officer, Directorate of
Intelligence
Chief, DCI History Staff
Chief, Historical Review Branch, Classification
Review Division, Office of Information Services
Director, Information Management Staff, Directorate
of Operations
III. Others
Frank G. Burke Acting Assistant Archivist for the National Archives
Neal H. Petersen Deputy Historian, Department of State (Monday 4 p.m.)
William Z. Slany The Historian, Department of State (Monday 4 p.m.)
Edwin A. Thompson Director, Records Declassification Division, NARS
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 STAT
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