PERSONAL PAPERS VS. OFFICIAL RECORDS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84B00890R000400020081-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 19, 2016
• Document Release Date: December 26, 2006
• Sequence Number: 81
• Publication Date: March 20, 1981
• Content Type: MF

Approved For Release 2006/12/26: CIA-RDP84B00890R000400020081-5
20 !. 0S9
MEMORANDUM FOR: Director of Central Intelligence
Deputy Director of Central Intelligence
FROM: Max Hugel
Deputy Director for Administration
SUBJECT: Personal Papers vs. Official Records a( ;_? ~;.
it li L7 ~ o o'--.
1. Last December, all Government agencies received a letter from the
Archivist of the United States reminding officials of their responsibility,
particularly during the Presidential transition, to properly distinguish
official Agency records from personal papers. Recently, the Archivist sent
a follow-up letter recommending that these requirements be brought to the
attention of officials moving into top level positions in the new adminis-
tration.
2. In keeping with the Archivist's recommendation, I have attached for
your information a paper prepared for Admiral Turner in December, titled
"Access by Former DCI's to Government Records," which outlines the distinc-
tions between personal and official records. Also attached is a copy of the
Archivist's recent letter and its attachment, GSA Bulletin FPMR B-106.
STAT
Attachments:
As stated
 Approved For Release 2006112126: CIA-RDP84B00890R0 0400020081-5
0 0 11 December 1980
Access by Former DCI's to Government Records
Personal Papers vs Official Records
Records of the U.S. Government may not be alienated or destroyed
except under the provisions of 44 USC 33. These provisions require that
agencies follow regulations promulgated by the Administrator of General
Services, which include the Federal Property Management Regulations (FPiNIR)
issued in 41 CFR 101-11. FPMR 101-11.202(d) (or 41 CFR 101-11.202-2(d))
provides that "Papers of a private or nonofficial character which pertain
only to an individual's personal affairs that are kept in the office of a
Federal official will be clearly designated by him as nonofficial and will
at all times be filed separately from the official records of his office.
In cases where matters requiring the transaction of official business
are received in private personal correspondence, the portion of such
correspondence that pertains to official business will be extracted and
made part of the official files...."
Further guidance in GSA Bulletin FPMR B-106, paragraph 4b, provides
that "The definition of official records involves materials made or
received either under Federal law or in connection with the transaction
of official business. The definition of personal papers covers material
pertaining solely to an individual's private affairs. For example,
correspondence designated 'personal,' 'confidential,' or 'private,'
etc., but relevant to the conduct of public business, is an official
record subject to the provisions of Federal law pertinent to the
maintenance and disposal of these records. Official records are public
records and belong to the office rather than to the officer."
FPMR B-106 further provides in paragraph 4d that "...a Government
official may accumulate for convenience of reference extra copies
[nonrecord] of papers and other materials which he or she has drafted,
reviewed, or otherwise acted upon...[and] may be permitted to retain
these extra copies, provided that retention would not (1) diminish the
official records of the agency; (2) violate confidentiality required by
national security, privacy, or other interests protected by law; or
(3) exceed normal administrative economies."
In general, then, a government official may take with him any solely
personal papers and any existing extra copies of unclassified official
papers he has acted upon. Apparently, he even may reproduce copies for
this purpose if doing so is considered not to exceed "normal administrative
economies".
In regard to national security (classified) information, Executive Order
12065, section 4-301, provides that an agency (such as CIA) with
jurisdiction over the information may grant access to persons (such as a
former DCI) who "previously have occupied policy-making positions to which
they were appointed by the President" provided that the agency:
 Approved For Release 2006/12/26: CIA-RDP84B0089OR0 0400020081-5
Presidential Records
"Presidential records" are "...documentary materials... created or
received by the President, his immediate staff, or a unit or individual
of the Executive Office of the President whose function is to advise and
assist the President, in the course of conducting activities which relate
to or have an effect upon the carrying out of the constitutional, statutory,
or other official or ceremonial duties of the President." (44 USC 2201(2)).
Presidential records do not include "...official records of an agency..."
(44 USC 2201(2) (B) (ii)) .
As CIA is not part of the Executive Office of the President (EOP),
Agency copies of documents sent to or received from the President are
retained or disposed of in accordance with Agency records control schedules.
The special requirements governing disposition of or access to Presidential
records do not apply to these copies.
A former DCI (or anyone else) may gain access to Presidential records
by submitting a request to the Archivist of the United States (44 USC 2204(c)(1)).
If access restrictions have been imposed, the person desiring access must
either: (a) submit an appeal to the Archivist (44 USC 2204(b)(3)), or (b)
be designated by the former President as his representative (44 USC 2205 (3)).
Access to records of a unit of the EOP (such as the National Security
Council) that may have been placed in the physical custody of the Agency for
safekeeping may be gained by submitting a request to the EOP unit concerned.
Post-employment Access and Use
Other than the requirements of Executive Order 120.65 cited above, we are
aware of no provision of law or directive that grants special status to a
former DCI. Strictly speaking, a former DCI is "just another former employee."
He must honor his secrecy agreement and other contractural obligations incident
to Agency employment. In particular, he must observe the requirement to
.submit for review by the Publications Review Board "...all writings and scripts
or outlines of oral presentations intended for nonofficial publication... which
make any mention of intelligence data or activities, or contain data which may
be based upon information classified pursuant to law or Executive order."
Granting all of the above, it seems reasonable to expect that circumstances
may arise wherein furnishing information to a former DCI may be both in the
best interests of the United States and consistent with the interests of
national security. In such circumstances, it may be suitable for an appropriate
official, such as the incumbent DCI, to authorize access to this information.
In considering whether to grant such access, of course, due regard should be
given to consistency in the Agency's handling of requests from the public
through FOIA and other channels.
 Approved For Release 2006/12/26: CIA-RDP84B00890R000400020081-5
"(a) makes a written determination that access is consistent with the
interests of national security; (b) takes appropriate steps to ensure
that access is limited to specific categories of information over which
that agency has classification jurisdiction; (c) limits the access-to
items that the person originated, reviewed, signed or received while
serving as a Presidential appointee."
Any official records a former DCI may have brought with him from
another agency should be handled in accordance with the requirements
of that Agency.
,Special CIA Requirements
In addition to the legal requirements cited above, a former DCI must
comply with the provisions of Agency regulations. Our Security regulations
and Information and Records Management regulations generally incorporate
the above provisions relative to both classified and unclassified
information. In addition, the Information and Records Management
regulations incorporate requirements of the Freedom of Information Act
and the Privacy Act, and the Security regulations incorporate requirements
of the National Security Act of 1947 and the CIA Act of 1949.
Taken together, these regulations require in general that we
withhold information, even if it is not national security classified, that
may reveal Agency organization structure or employee names. Futhermore,