CONVERSATION WITH JEANNE DAVIS, NSC STAFF

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP10T01930R000200080016-3
Release Decision: 
RIPPUB
Original Classification: 
U
Document Page Count: 
6
Document Creation Date: 
December 22, 2016
Document Release Date: 
September 19, 2012
Sequence Number: 
16
Case Number: 
Publication Date: 
January 6, 1976
Content Type: 
MEMO
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PDF icon CIA-RDP10T01930R000200080016-3.pdf324.38 KB
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Declassified in Part - Sanitized Copy Approved for Release 2012/09/19: CIA-RDP10T01930R000200080016-3 Review Staff: 76/0003 6 January 1976 MEMORANDUM FOR THE RECORD SUBJECT: Conversation with Jeanne Davis, NSC Staff 1. Ms. Davis phoned me this afternoon to discuss the problem of storage of the materials collected by the select committees. She observed that storage at NSA is not accept- able to the people with whom she has talked, which includes General Scowcroft. 40 Committee material and NSC papers should not, in her opinion, be held and controlled by NSA personnel. She talked about the NSC taking custody and a review of this is being conducted to see if it is physically feasible to do so. 2. The NSC staff is going to try and develop two al- ternatives to add to the two we now have. We are preparing a draft on National Archives storage. NSA is preparing one on storage out there, and NSC will prepare two options as follows: a. All the material will be stored by the NSC and made available for Congressional reference; b. Consideration will be given to some segrega- tion by originating organizations. Under:the second option, the NSC may have some kind of sub-option whereby its materials are segregated from all the others and stored at along with its STAT other papers. I noted that the sub-option puts in- vestigative materials back in CIA hands which we had hoped to avoid. 3. General Scowcroft and Mr. Marsh seem to be in agree- ment that eventual negotiations with the select committees should be conducted by the White House. Ms. Davis and I agreed that we would go ahead with the two options now being drafted for storage in the National Archives and the NSA and that her staff would try and develop its two additional options. The committee that we have could hold another meeting, rank the options in terms of desirability and put these in an option paper for White House review. Declassified in Part - Sanitized Copy Approved for Release 2012/09/19: CIA-RDP10T01930R000200080016-3 , Declassified in Part - Sanitized Copy Approved for Release 2012/09/19: CIA-RDP10T01930R000200080016-3 C_ -2- 4. I noted that Mr. Martin of the DOS is to produce some additional language on control of access, after which CIA and NSA could complete their respective proposals. I promised to provide her copies of these drafts. When she has completed hers, we will hold our next meeting, which is to be in the near future. S. D. Breckinridge Distribution: STAT Orig & 1 - Review Staff 1 - SC/DCI 1 - DD/A STAT 1 - OGC 1 - OLC 1W- .0S Declassified in Part - Sanitized Copy Approved for Release 2012/09/19: CIA-RDP10T01930R000200080016-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/19: CIA-RDP10T01930R000200080016-3 Review Staff: 76/0012 5 January 1976 MEMORANDUM FOR THE RECORD SUBJECT: Meeting on Disposition of Select Committee Records This morning at 10:30 (0/DDA), (0/S), (UGC), and I met with the following: Alfred Goldberg, Office of the Secretary of Defense; Thomas Martin, Office of Assistant Attorney General; Michael Hornblow of the National Security Council, and; J. J. Hitchcock, Department of State. The purpose of the meeting was to consider a position for the Executive Branch on how the House and Senate Select Committees should provide for storage and handling their records after termination of the investigations. A copy of the proposed resolution had been distributed in advance to those attending the meeting. We explained the steps we had gone through in producing the draft in the present form (copy attached), It was noted that:the most difficult point, in terms of getting agreement with the Congressional Committees, was the last provision which specifies that eventual downgrading or declassification of records would be carried out by the originating departments. There was some general discussion about the draft bill prepared by the Senate Committee on Government Operations. Mr. Goldberg asked what alternatives had been con- sidered as storage places, other than the National Archives. We stated that it had been suggested that the Agency accept the responsibility, which had been declined because of repercussions if something happened to the materials. Mr. Goldberg offered NSA as a storage site, saying that Congressman Pike had agreed to this following his earlier investigation of the Pueblo incident. STAT STAT STAT Declassified in Part - Sanitized Copy Approved for Release 2012/09/19: CIA-RDP10T01930R000200080016-3 1.) - Declassified in Part - Sanitized Copy Approved for Release 2012/09/19: CIA-RDP10T01930R000200080016-3 It was the sense of the meeting that if the Congress is to retain control over the material then storage at NSA would be preferable to storage in the National Archives. It was agreed, however, to propose drafts of two options, one for NSA storage and one for National Archives storage. Mr. Martin stated that he would like to provide some additional language on how access to the materials could be controlled. He was asked to provide this to CIA as well as to NSA. suggested additional language to provide not only for security clearances, which refers to classifications, but also for security approval, which provides for compartmented information. Mr. Hornblow agreed to speak with Mr. Marsh, in the White House, so some thought could be given to how the Executive Branch would present its position to the Select Committees. Following circulation of drafts a new meeting will be scheduled. STAT CC: Declassified in Part - Sanitized Copy Approved for Release 2012/09/19: CIA-RDP10T01930R000200080016-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/19: CIA-RDP10T01930R000200080016-3 . ? . 29,December 1975 Resolved, that all records, including books, papers, maps, photographs, or other documentary materials, regardless of physical form or characteristics, made or received by the Select Committee To Study Governmental Operations With Respect To Intelligence Activities, established under Senate Resolution 21 of the 94th Congrbss, shall be trans- ferred upon the termination of the Select Committee's man- date to the National Archives and Records Service, there to be held in secure storage as described below in Section 2, with their use being limited to those persons or organ- izations authorized in the manner described below in Section 3. Section 2. All records transferred to the National Archives and Records Service for secure storage by the Senate Select Committee shall be stored in a secure area or areas separate and discrete from all other areas in which records are stored by the National Archives and Records Service. This secure storage shall meet the security specifications designated in Executive Branch standards for appropriate storage of classi- fied and/or unclassified_mat3rial? The Central Intelligence Agency, acting in behalf of the: Executive Branch, will conduct - a physical-security-survey to ensure that the storage facil- ities meet those standards. National Archives and Records Service personnel with access to the records will be appro- priately cleared and briefed for records requiring special clearance. Section 3. Use of the records transferred by the Senate Select Committee to the National Archives and Records Service shall be limited to persons cleared and briefed for the classifications and controls of the materials involved, and shall be further limited to those persons and members of organizations authorized in the specific manner described below: Section 3(a). Use of the records containing information originated by the Senate Select Committee shall be limited to (1) current members of the acting, duly established Senate Legislative Oversight Committee or Committees, (2) appropriate staff members-of the acting duly established Declassified in Part - Sanitized Copy Approved for Release 2012/09/19: CIA-RDP10T01930R000200080016-3 Declassified in Part - Sanitized Copy Approved for Release 2012/09/19: CIA-RDP10T01930R000200080016-3 ; W. ? ? ? Senate Legislative Oversight Committee or Committees, as duly authorized by the Chairman of such Committee in writing. Use of such stored records, developed by the Senate Select Committee from the testimony, depositions or affidavits of the employees or of former employees of the various departments, agencies or organizations shall be subject to the requirements of Section 3(b), below, as though furnished by them. Section 3(b). Records furnished or information provided to the Senate Select Committee shall be available for use by persons, agencies, departments, or organization, or by congressional committees or bodies other than the duly designated Senate Legislative Oversight Committee or Committees, only with the prior concurrence of the orig- inating department, agency, organization, or its successor. Section 3(c). Any requests for records or information delivered to the National Archives and Records Service by the Senate Select Committee under this Resolution, other than requests from the duly established Senate Legislative Oversight Committee or Committees (as provided in Section 3(a), supra) shall be made in writing by .a rep- resentative designated by the department, agency or organ- ization that originated said information The designated official shall be responsible for ensuring that the proper clearances- exist for the requestor- Section 4. Eventual downgrading or declassification o classified records transferred by the Senate Select Committee to the National Archives and Records Service shall be carried out by the originating departments, agencies and organizations, or their successors, in accordance with applicable statutes and Executive Orders. 2 Declassified in Part - Sanitized Copy Approved for Release 2012/09/19: CIA-RDP10T01930R000200080016-3