'PRESIDENTIAL PAPERS' BILLS, H.R. 10998 AND S. 2596

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000800040001-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 16, 2016
• Document Release Date: October 12, 2004
• Sequence Number: 1
• Publication Date: March 31, 1978
• Content Type: MF

Approved For Release 2004/10/28 : CIA-RDP81 M00980R0008Ud04CJ004A
31 MAR 1978
MEMORANDUM FOR: Legislative Counsel
STAT ATTENTION
Assistant for Information, DDA
SUBJECT . "Presidential Papers" Bills, H.R. 10998 and S. 2596
REFERENCE . Routing Sheet to AI/DDA from
dated-21 March 1.978 re same subject
1. We have reviewed the "Presidential Papers Act of 1978" and
"Presidential Records Act of 1978" and in general have no problem with
either of these bills with respect to the way we work with the Presi-
dential libraries today. However, we do have a concern as to the
protection and control of sensitive documents.
2. At the present time, classified CIA documents are stored at
Presidential; libraries. JFK and LBJ libraries also have CIA codeword
documents which are stored in Office of Security-approved compartmented
facilities. Under Executive Order 11652, all requests for access to
the holdings of the libraries must be directed to the Archivist of the
United Stags or the library directors. Requests for classified docu-
ments are accepted only for documents which are at least 10 years of
age. Classified documents are sent to the originating agency for review
and determination of releasability, and can be withheld on the grounds
of classification only.
3. We are not particularly concerned about the "Archivist Axe"
being applied to the destruction of CIA-originated records as we would
still have the record copies in our own files.
4. The new legislation, if adopted, would, in effect, authorize
the withholding of documents on grounds other than classification.
a. S. 2596 provides exemptions equivalent to FOIA exemptions
(b)(1) and (b)(6). (In enunciating policy, subsection (b), it
seems that material now exempted under FOIA exemption (b)(5)
would be withheld up to 15 years after the President has left
office.
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b. H.R. 10998 provides exemptions equivalent to FOIA exemp-
tions (b)(1), (b)(3), (b) (5) and (b)(6). After 50 years, only
(b)(1) and (b)(3) would be available. This bill does not allow
a waiting period prior to release.
5. The provisions of the "Presidential Papers" bills pose no problems
for us, but they do not speak to our major concern. There have been
instances of sensitive national security information made public as a
result of scholarly work performed in Presidential libraries. We therefore
ask the question: Should these bills be amended to prevent the co-location
of sensitive documents with unclassified records? To ensure proper pro-
tection of sensitive documents, perhaps the documents should be returned
to the originating agency, not stored with other Presidential materials.
If such a return of documents is not possible, we would, at least, like
to see an explicit statement in the law that the Archivist must send
classified records to the originating agency for classification review.
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