LETTER TO PROFESSOR ARTHUR L. FUNK FROM WILLIAM J. CASEY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84B00890R000700020092-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 19, 2016
• Document Release Date: November 28, 2005
• Sequence Number: 92
• Publication Date: March 27, 1981
• Content Type: LETTER

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I ROUTING AND RECORD SHEET
FROM: Max Hugel
Deputy Director for Administration
7D18 Headquarters
TO: (Officer designation, room number, and
building)
FORWARDED
OFFICER'S
INITIALS
DATE Q 0 MAR 1981
COMMENTS (Number each comment to show from whom
to whom. Draw a line across column after each comment.)
Attached for Mr. Casey's, signature
is a proposed reply to a letter
from Professor Arthur L. Funk of
the University of Florida. The
letter concerns public access
restrictions on the OSS records
:thav, CIA transferred. to -the
National Archives last year.
Also attached are~Piofessor Rink
letter.:.and 'a.background brief, on
the Agency's process: for reviewir
and"-transferring- OSS 'records.
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Central Intelligence Agency S'/ - 2F9
DD/A Registry
Professor Arthur L. Funk
Department of History
University of Florida
Gainesville, Florida 32611
Dear Professor Funk:
I appreciated receiving your letter of larch 17, 1981, and the
copy of your article entitled "Churchill, Eisenhower, and the French
Resistance." Although much has.been written since OSS days, I am sure
that interesting articles such as yours will continue to appear for
many years to come.
With respect to your concern regarding access to the 198 cubic feet
of OSS records transferred to the National Archives and Records Service
(NARS) by CIA in 1980, I am sure you will appreciate that the unique
nature of service with OSS weighs heavily when considering the issue of
public access to information involving OSS personnel. For many persons
affiliated with OSS, such public disclosure would cause no problem;
indeed, they would be proud to have their accomplishments known. However,
for other former OSS personnel, particularly those still employed in
intelligence or living or working overseas, revelation of their OSS
affiliation could adversely affect their lives or those of their family
and associates.
It was for these reasons that CIA imposed certain restrictions on
public access to the records when they were transferred to NARS. These
restrictions provided (a) that foreign government information would not
be released without the prior approval of the government concerned, and
(b) that in keeping with their right to privacy, information concerning
the affiliation of U.S. persons with OSS would not be released without
the consent of the person involved.
NARS has examined the OSS records we sent to them and has told us
informally that in view of the restrictions there is no practical way
they can service public requests for the information. Because of this
we have told NARS that we are prepared to take the records back until
such time as they can be released without restriction.
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We will continue to service requests for OSS information as we have
done for many years. Responses to such requests do of course omit
certain information which is still classified for reasons of national
security or must be withheld in accordance with statutory requirements
and privacy considerations. You are welcome to send us a request if
there are specific subjects of interest to you.
Sincerely,
William J. Casey
STAT
TAT
DDA/OIS/RMD/RSB
(with 0 DDO/IMS):br (26 Mar 81)
TAT
Rewritten: DIS:
ydc (27 Mar 81)
Distribution:
Original - Addressee
1
- DCI
1
- DDCI
1
- Executive Registry
2
- DDA
1
- IMS/DDO
1
- OIS Subject
1
- OIS Chrono
1
- RSB Subject:
OSS Records
1
- RSB Chrono
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Background
DCI Reply to Letter Concerning Restrictions on OSS Records
The CIA declassification review of OSS records began in December 1972
when two retired Agency officers were engaged under contract to review OSS
material that had been accessioned by the National Archives from the
Department of State. This material originated in the element of OSS that
had been transferred to the Department when OSS was abolished. The two
officers completed this review in 1974 and then began a systematic review
of the OSS records in CIA's custody. The review team subsequently was
enlarged to a total of 15 retired officers. In 1978 the review of OSS
material was incorporated into the Agency program for reviewing all SSU,
CIG, and CIA records. This program carries out the provisions of
Executive Order 12065 requiring the systematic review for declassification
of all permanent,, classified records over 20 years old.
The initial Agency transfer of OSS records to the National Archives
and Records Service (NARS) was completed in January 1980. It consisted of
198 cubic feet of material declassified by the Agency. As part of this
transfer, the Agency specified two "specific restrictions to be imposed
by NARS on the release of OSS information to the public:
a. ."Foreign Government Information must be afforded
protection and will not be released without the
prior approval of the government involved."
b. "In keeping with the provisions of the Privacy Act
information concerning the affiliation of U.S.
persons with OSS may not be released without the
consent of the person involved."
These restrictions were accepted in writing by NARS when the OSS records were
accessioned into the National Archives.
Since the January 1980 transfer, various NARS officials have voiced
concern that NARS, in order to make full use of the OSS records, would have
to clear sensitive information relating to employment and personal activities
with the U.S. person concerned before release to the public. Because of the
burden of checking with each person, it would be impractical for NARS to use
many of the records.
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The question of restrictions has been under informal discussion with
NARS for several months. One alternative we discussed was to close the
accessioned records until a specified year after which all would be open
to the public. The year 2020 (75 year restriction counted from 1945) was
mentioned as a possible date, and we offered to store and service the
records during any such period if NARS would prefer that we do so.
In these discussions we have been unable to arrive at an alternative
restriction that is mutally acceptable to CIA and NARS. In February 1981
we heard informally that NARS would be sending CIA a letter suggesting that,
everything considered, it would be best if NARS returned the OSS records
to the Agency. More recently we have heard that this letter (to be signed
by the Archivist of the United States, Robert M. Warner) may instead include
a formal plea to ease the restrictions. In either case, we have decided that
the matter can best be handled at this point by transferring the OSS records
back into CIA custody. Following this transfer, we will continue to process
requests for OSS information as we have done over the years.
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