TRANSFER OF DECLASSIFIED OSS RECORDS TO THE NATIONAL ARCHIVES

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP86M00886R002100140007-0
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RIPPUB
Original Classification: 
S
Document Page Count: 
86
Document Creation Date: 
December 21, 2016
Document Release Date: 
August 22, 2008
Sequence Number: 
7
Case Number: 
Publication Date: 
May 2, 1984
Content Type: 
MEMO
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Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 CONFIDENTIAL Executive Registry 84- 1953 2 May 1984 ( jC g3- (O 5 EY ~3'- scg3 MEMORANDUM FOR: Director of Central Intelligence VIA: Deputy Director of Central Intelligence Executive Director Executive Secretary FROM: J. Kenneth McDonald Chief, History Staff SUBJECT: Transfer of Declassified OSS Records to the National Archives REFERENCE: Memo for DCI from Chief, History Staff, dtd 9 December 1983, Subj: Status of Declassified OSS Records 1. This is for your information, to report on the steps taken since 2 February 1984 when you approved the referenced memorandum's recommendations for transferring CIA's declassified OSS records to the National Archives. 2. Memorandum of Understanding. In response to Office of Information Service concerns about the protection of personal privacy in releasing these records, the General Counsel recommended that CIA and the National Archives negotiate a Memorandum of Understanding, to detail the National Archives' procedures for processing the OSS records before making them available to the public. The National Archives has drafted a proposed Memorandum of Understanding, and the Agency has provided certain revisions for their consideration. We expect to agree upon and execute a final Memorandum of Understanding soon. 3. Final Check and Transfer. On 16 April 1984 three CIA reviewers began the final check o the approximately 198 cubic feet of OSS records already at the National Archives. The Information Management Staff plans to complete this final check by the end of May 1984, and to complete their final check of the remaining 2800 cubic feet of OSS records by the end of April 1985. As the final check is carried out over the next year, CIA will transfer these records in increments to the National Archives. CONFIDENTIAL Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 CONFIDENTIAL 4. Notification Abroad. As you know, the Directorate of Operations is preparing a telegram to stations abroad explaining the release of these declassified OSS records, so that they can inform their liaison counterparts--especially those of our Western European wartime allies--of this decision. The DO also proposes to ask you to inform the Secretary of State of these records' forthcoming release, so that he may ask U.S. ambassadors to report this to the foreign ministries of the countries concerned. 5. Public Affairs. The Director of Public Affairs has met with his opposite number at the National Archives to consider how best to announce the opening of these records'to the public. Once CIA completes its final check in May, the National Archives may need as long as four months to prepare the first batch of 198 cubic feet for opening to the public. Since very large numbers of researchers will request access when these records are opened, the National Archives does not want to announce the records' transfer until they can set a firm release date for the first batch. The Director of Public Affairs will consult further with the National Archives and the interested parties at CIA after the National Archives begins processing the first batch.. 6. Selective Declassification Program. CIA has undertaken to transfer a large an comprehensive collection of OSS records to the National Archives over the next twelve months. This will be a major historical resource, permitting for the first time documented studies of the role of Anerican intelligence in World War II. The transfer of our OSS files will thus be both the first step and a long stride in fulfilling your commitment to the review and release of historically significant records. J. Kenneth McDonald Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 CONFIDENTIAL C/HS/DCI/JKMcD:n (2 May 1984) Distribution: Orig - Addressee 1 - DDCI 1 - ExDir 1 - ExSec 1 - D/PubAff 1 - DC /ON 1 - OGC 1 - DDA 1 - D/OIS/DDA 1 - C/IMS/D0 1 - C/HS 1 - HS Chrono 1 - HS Subject File (DCI Corr) CONFIDENTIAL Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 CIA-RDP86M00886R002100140007-0 VIA: Director 'ov erations t~ F'it_z~ ater ( nut`. Director for Administration Transfer of OSS Records to the `national Archives and Records Se-vice RE'=E.?v :1CE : -iemo for DDA fm 1)/OIS, -ltd 23 Jan 84 , Same Subject 1. As you will note in the reference (attached) , is co.-cer;?ed. tl at by relea.s .rL7, taxe OSS records we run the ris o : personal ioonardv. I share that concern but .unto no recoru^.encaation, for a solution. '1 2ere is only one exarinle in t o attached package. We la-low there are. MnnV' More in the OSS records but it would require considerable effort to sort them out. classification reviow of the records did not address the r.rob1.err of "personal jeopardy." In year previous O P1111011, you advised us that we could not withhold release o? t:,,, e records to?der the provisions of the. Privac;! Act. You (i . allude to the rossi!)ility of sore other authority to withhold these tyres Of record''.S. -e remiest an opinion that _:tates definitely that we cannot withhold rec(~rc;s that rLa?J result. in ""-)erson l jeopardy' or under e at provisions the,, a ;e witbelt. cc: '1/1I. !VITA I H;NT D):A:HILFitzwater:km( (26 Tan 04) )istribution: ri.? - CC via DIX) w/Orio atts 1 - DDO w/cy atts 1. - DDA Subj w/cv atts 1 - DDE, Chrono 1 - FIEF Girono Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 S-E-C-R-E-T OIS 84-045 DD'" t MEMORANDUM FOR: Deputy Director for Administration FROM: Director of Information Services SUBJECT: Transfer of OSS Records to the National Archives and Records Service REFERENCES: A. Chief, History Staff memorandum to DCI, dated 9 Dec 1983, subject: Release of Declassified OSS Records to the National Archives, and Status of DCI Histories B. GC memorandum to Executive Director, dated 20 Dec 1983, subject: Release of Declassified OSS Records to the National Archives 1. We appreciate your providing us the opportunity to review reference A which relates to the transfer of OSS records to the National Archives and Records Service (NARS) and their ultimate release to the public. We offer the following comments for your consideration. 2. In reference A, the Chief, History Staff (C/HS) discusses an earlier Agency restriction on NARS not to release the names of persons affiliated with OSS without the consent of the persons involved. This restriction was apparently imposed by the Directorate of Operations on the basis of the Privacy Act. By reference B, the General Counsel has determined that the restriction was erroneous. Our concern, and the reason for this memorandum to you, arises principally in the area of individual privacy--an aspect of the transfer of OSS records to NARS that we do not believe was fully treated in either of the references. UNCLASSIFIED except where marked. WARNING NOTICE INTELLIGENCE SOURCES OR METHODS INVOLVED Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 S-E-C-R-E-T a. In reference B, the General Counsel discusses whether the names of OSS personnel can be protected, by deletion from the record, on the basis of their status as OSS employees. He concluded that neither the Privacy Act nor the Freedom of Information Act, nor for that matter the CIA Act of 1949 and the National Security Act of 1947, justify deletions of names for reasons of the individual's OSS status alone. The General Counsel did recognize, however, that the presence of an individual's name in a particular factual context might raise some privacy concerns. b. In dealing with the limited question put to him, the General Counsel would have no reason to know the nature of the disclosures contained in some of the OSS records. As you might expect, some records of OSS operations provide very graphic descriptions of actions taken by OSS personnel. (Unfortunately, within the limited time available we have not been able to find documented examples of the type of actions that create concerns discussed elsewhere in this paper. Should you want some such cases, we will send a team to the Archives and Records Center to search the OSS files.) These actions were doubtless necessary and tolerable in a combat environment; when viewed on the basis of 1984 standards, morality, and peacetime values, some of these Mon,; miah erceived as needless, improper, or immoral. 7 c. It is conceivable that the release of records containing names of OSS personnel could adversely affect their lives or those of their families and associates. Although many former OSS employees are proud to acknowledge their affiliation with OSS, some could have their safety, reputation, or livelihood threatened by public disclosure of certain types of OSS activities; i.e., disclosures reflecting upon their character, personal relationships, perceived aberrant conduct, or participation in activities that today could be considered questionable or, in the very least, distasteful. Some of the operations and OSS actions may have already been recited in books and other publications. Obviously these would not have the same impact as an official Government disclosure through release of the records, particularly when the actual names or identities of the d. On the basis of information in hand, the Agency is not often going to be able to. prove that damage will occur. However, in many instances the information available may plainly show that damage to the individual is a reasonable expectation and should be sufficient to justify withholding such information from public disclosure. individuals are made public. S-E-C-R-E-T Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 S-t-G-R-t- I Moreover, it is not reaching too far to suggest also that the families of the victims or targets of OSS wartime activity might seek retribution if the activity is publicly identified. The assessment of potential damage cannot be made without an actual examination of the records. e. Another kind of potential jeopardy is conceivable for individuals who are characterized in documents as secret adherents or opponents of specific political beliefs: pro-Nazi., pro-communist, or pro-U.S. Such documents are included in the OSS records. Public access to such records could result in intense attention to the individuals in their current circumstances, and unpleasant consequences could result for some of them. The implication for such individuals is even more troublesome in the event the characterization was false or in error. Here also the possibility of harm exists. It is likely that such examples are contained among the OSS records. Needless to say, the possibility that OSS personnel themselves have also been wrongly disparaged in some records cannot be ignored. Given it is unlikely that at this late date the Agency will be able to prove that the information is true or false, the only remedy is to continue to withhold such records from public f. While it is not likely that former OSS employees will bring legal action against the Agency for wrongful disclosure of information on the basis of an unwarranted invasion of personal privacy, the possibility cannot be discarded. As pointed out in the Privacy Act, the right to privacy is a personal and fundamental right protected by the Constitution. Disclosure of information which harms the reputation of former OSS employees might provide a viable cause of action against the Agency. 3. While the protection of the names of OSS employees is our principal concern, there are others. S-E-C-R-E-T 3 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 S-E-C-R-E-T b. A related concern is the general impact that the release of OSS records might have on other foreign governments and services. As you know, we have argued forcefully that the release of Agency information under the Freedom of Information Act jeopardizes our relations with other foreign services because of the danger that information sensitive to them might be disclosed. To be consistent with this argument, we should also ensure that the OSS records transferred to NARS do not contain information that could adversely affect the interests of foreign governments and services. Such information could include documents regarding the activities of foreign nationals, the revelation of which could impact on U.S. relations with other governments. c. In the attachment to reference A, Chief, History Staff notes that another restriction on NARS is that "foreign government information must be afforded protection and will not be released without the prior approval of the government involved" and that NARS will honor this restriction. Further, he notes in paragraph 5 (b) of the attachment that the Directorate of Operations proposes to conduct a final check of OSS records to protect material bearing on foreign liaison or other politically sensitive areas. For reasons discussed above, we suggest that this review be thorough enough to include not only information sensitive to United States interests, but also information which is sensitive to others and, if disclosed, could affect our foreign relations. 4. We realize that the review and coordination actions necessary to protect the privacy of former OSS employees and to maintain relationships with foreign services cannot be accomplished hastily. This project will be a laborious, tine-consuming process, given the care needed to avoid harming individuals, other governments, and the Agency. The records still can be processed in increments beginning with the 198 cubic feet already at NARS. However, the document-by-document review needed for deletion of names necessarily will result in a transfer rate much lower than the 200 cubic feet-per-month target suggested by the Agency Historian. The actual transfer rate will depend on the resources that are committed. 5. In submitting these comments, I do not want to be misunderstood. We fully understand the Director's desire to make information available to the public for use by historians. Indeed, the historical access program discussed in the Director's correspondence with Senator Durenberger has our full support and OIS is poised to organize 4 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 S-E-C-R-E-T and implement this program when authorized to do so and when provided the resources. We all recognize, however, that others--not just historians-- will have access to this public information: investigative reporters, foreign media, hostile intelligence services and "sensational" journalists. Actions necessary to resolve the concerns discussed above affect mainly the timing proposed by the Chief, History Staff; they do not impair or impact on the DCI's commitment to release this material. 6. We believe it our duty to call to your attention the concerns outlined above so that whatever the DCI decides on the release of the OSS records he does so with an awareness and understanding of all of the implications associated with the release. S-E-C-R-E-T Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Iq Next 1 Page(s) In Document Denied Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Central Intelligence Agency Washington, D.C. 20505 21 December 1983 NOTE FOR: DCI DDCI - Attached is the General Counsel's answer to my query as to the background on the DO restriction on release of former OSS members' names. The issue is mentioned in paragraph 2 of Ken McDonald's basic memo to you. - I have spoken with C/IMS and with the DDA (to ensure consistency in FOIA or Privacy Act cases). - I concur with Ken's recommendations (page 7). Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 CONFIDENTIAL Ero:k.-Cco E.,'_;:'1 9 December 1983 MEMORANDUM FOR: Director of Central Intelligence VIA: Deputy Director of Central Intelligence Executive Director Executive Secretary FROM: J. Kenneth McDonald Chief, History Staff SUBJECT: Release of Declassified OSS Records to the National Archives, and Status of DCI Histories REFERENCE: Memo for C/HS fm DCI, dtd 1 December 1983, Subj: Declassification of Historically Significant Files 1. On 26 August you asked me to find out what the Agency had done and what we could do to release the declassified OSS records in CIA's custody to the National Archives for release to the public. A full report on where we stand is attached. Its final paragraph includes four specific recommendations for your approval. 2. In transferring the first increment of CIA's declassified OSS, SSU, and CIG.records to the National Archives in 1980, the Agency restricted the release of former OSS members' names. Finding this restriction unworkable, the National Archives did not process and release the records already received, and CIA did not send them any more. The Agency's restriction appears to have been in error, since neither the Privacy Act (which CIA cited) nor any other law or regulation provides for such a restriction. In light of this, the Agency's custodian of these records is willing to to withdraw the restriction, and to transfer the documents in question--following a quick final check of their declassification--to the National Archives for public release after final processing by the Archives'. Declassification Division. Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 CONFIDENTIAL SUBJECT: Release of Declassified OSS Records to the National Archives, and Status of DCI Histories 3. The reference memorandum also asks where we stand on the Helms and Colby DCI histories. The Helms DCI history is roughly three-quarters completed in draft, and should be finished next summer. I would be glad to send you the completed draft chapters, which Mr. Helms has approved. Richard Lehman, having been drafted into a highly classified project of which I understand you are aware, has had to set aside his work on the Colby DCI history. He does not now expect to be able to complete this until early 1985. Since he is uniquely qualified to do this history and has completed extensive documentary research, I have agreed to this schedule. 4. I should also report that my deputy,) lis on `v"' schedule with her one-volume survey history of ce a draft manuscript by the end of 1984. Staff historian should 25X1 complete a draft of his overhead reconnaissand,e monograp y next March. J. Kenneth McDonald CONFIDENTIAL Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 SUBJECT: Release of Declassified OSS Records to the National Archives, and Status of DCI Histories C/HS/DCI/JKMcD:nkl~ I(9 Dec 83) Distribution: Orig - Addressee (w/att) f - DDCI (w/att) 1 - ExDir (wVatt) 1 - ExSec (w/att) 1 - C/HS (w/o att) 1 - HS Chrono (w/o att) 1 - HS Subj (w/att) CONFIDENTIAL Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 9 December 1983 MEMORANDUM FOR: Director of Central Intelligence THROUGH Deputy Director of Central Intelligence Executive Director Executive Secretary FROM J. Kenneth McDonald Chief, History Staff SUBJECT Status of Declassified OSS Records REFERENCES Memo for C/HS fm DCI, dtd 1 December 1983, Subj: Declassification of Historically Significant Files Memo far OCI fm C/HS, dtd $,. December 1983, ' Subj : Release of Declassified OSS Records to the National Archives, and Status of DCI Histories 1. This is the full report, requested and transmitted by the references above, on the present status of the declassified records CIA holds of the Office of Strategic Services (OSS) and its other predecessor organizations. My account goes into some detail, since these records' release will begin the selective declassification of historically significant records proposed in your 4 October 1983 letter to Senator Durenberger. My report is organized into the following sections: a. The Postwar Disposition of OSS Records b. CIA's Declassification of OSS Records c. The Impasse with the National Archives d. Final Check and Release e. Discussion f. Recommendations CONFIDENTIAL Approved For Release 2008/08/22 : CIA-RDP86MOO886ROO2100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 CONFIDENTIAL SUBJECT: Status of Declassified OSS Records 2. The Postwar Disposition of OSS Records: a. After President Truman dissolved OSS on 1 October 1945, the records of its Research and Analysis (R&A) Branch went to the Department of State and its operational and other records went to the Strategic Services Unit (SSU) in the War Department. When established in September 1947, CIA inherited OSS's operational records along with the records of SSU and the Central Intelligence Group (CIG). b. In 1946 the Department of State transferred its OSS records to the National Archives. In 1972, at the National Archives' request, CIA organized a team of four CIA annuitants (who were also OSS veterans) who reviewed and declassified these OSS R&A Branch records. The National Archives opened 919 cubic;feet of declassified OSS records to the public as review was completed between 1974 and 1978. These files, in Record Group 226, are the most active records in the Military Branch, which serviced some 2900 requests for them in the first eight months of 1983. c. Between 1977 and 1982 the National Archives, in cooperation with the DA's Records Management Division, appraised the approximately 6500 cubic feet of OSS, SSU and CIG records in the custody of the DO's Information Management Staff. This appraisal determined that approximately 3300 cubic feet were of permanent value and should be preserved for eventual transfer to the National Archives. (List attached.) 3. CIA's Declassification of OSS Records: a. In December 1978, when President Carter's Executive Order 12065 requiring the systematic declassification review of permanent records over 20 years old went into effect, the DA's Classification Review Division formed a team of 15 annuitants (including some who had reviewed State's OSS records for the National Archives) to review CIA's OSS, SSU and CIG permanent records. For this review the Classification Review Division developed extensive specific written guidelines (in consultation with the team, the DO's Information Management Staff, and the National Archives) to protect such key factors as sources, methods, identities and foreign government information. Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 CONFIDENTIAL SUBJECT: Status of Declassified OSS Records b. Working under a single executive order and a single set of Agency guidelines, this special team reviewed CIA's permanent OSS records (with the exception of about 100 cubic feet) in a period of just under four years and at an estimated cost of-about 1500,000. The declassification review began in January 1979 and was completed in September 1982, with the following results: Total records reviewed 3157 cubic feet Withheld to remain classified 191 cubic feet Declassified and available for transfer to National Archives 2966 cubic feet Thus CIA declassified about 94% of these records and withheld about 6%, principally to protect sources, foreign government information, and foreign liaison relationships. 4. The Impasse with the National Archives: a. In 1979, as the National Archives appraisdl and CIA declassification review of OSS records proceeded, the DA's Records Management Division, in coordination with the DO's Information Management Staff, arranged to begin transferring declassified OSS records to the National Archives. As a first increment, CIA transferred 198 cubic feet of records on 16 January 1980, for release to the public after final processing by the National Archives' Declassification Division. b. In transferring these records, CIA declared on the National Archives form (copy attached) that they were subject to the Privacy Act under System No. CIA-49, and imposed the following two specific. restrictions on their release to the public: "Foreign Government Information must be afforded protection and will not be released without the prior approval of the government involved. CONFIDENTIAL Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 LUNr1UtNIIAL SUBJECT: Status of Declassified OSS Records "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." c. As a matter of course the National Archives will honor the first restriction, to insure the continued protection of foreign government information as well as other non-OSS originated information still requiring security classification, as they have done in reviewing the State Department's OSS files. CIA's names restriction, however, the National Archives found both unprecedented and unworkable. Unable to, process these records for release to the public, they discussed this restriction informally with Agency officers during 1980 and early 1981. d. On 2 April 1981 the Archivist of the United States, Dr. Robert M. Warner, wrote to you that in his view the names restriction effectively negated the original purpose of the records' transfer, "which was to make public as much of the OSS story as possible, within the limits of present national security considerations." Noting that screening documents for individual names would be a resource-consuming operation, while the documents released would be too fragmentary to be useful to most researchers, Dr. Warner expressed hope for a reasonable resolution. Admiral Inman replied that CIA, recognizing the Archives' difficulty, was prepared to accept the return of these declassified records until they could be released without the names restriction. e. The impasse remains. The National Archives still holds, but will not process or release, the 198 cubic feet of OSS records they received from CIA in January 1980. For our part, CIA has sent the National Archives no further OSS records, even though their declassification was completed in September 1982. 5. Final Check and Release: a. Having identified CIA's imposition of the names restriction as the core of the problem, I asked the advice of the Office of General Counsel. In late September I found that in fact neither the Privacy Act nor any other law or regulation provides for such a restriction. In light of this information, the Information Management Staff decided to reconsider the names restriction. CONFIDENTIAL Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 CONFIDENTIAL SUBJECT: Status of Declassified OSS Records b. In a memorandum for the record of 9 November 1983, approved by the Deputy Director for Operations on 16 November 1983, the Chief of the Information Management Staff proposes to lift the names restriction imposed in transferring CIA's first increment of 198 cubic feet of declassified OSS records to the National Archives on 16 January 1980. (The restriction on foreign government information would, of course, remain unchanged.) Having agreed to remove the erroneous Privacy Act restriction, the Directorate of Operations proposes "...to transfer the declassified OSS records to the National Archives in stages, beginning with the least sensitive files. Prior to the transfer of any records, we would make a final check to ensure that any sensitive material is protected. This would consist of an inspection of each box of records to check that material bearing`,on'foreign liaison or other politically sensitive areas is protected." c. The Information Management Staff proposes this final check out of concern that the original reviewers "may not have taken into full consideration certain politically sensitive areas that might still be damaging to the national security and U.S. foreign relations." The memorandum adds that they expect to accomplish this final check "in relatively short order", since it will not require the time-consuming document-by-document inspection the DA's 15-member review team completed in 1979-82. 6. Discussion: a. The Directorate of Operations' desire for a final check is, I believe, largely inspired by genuine apprehension about the the nature and rigor of the declassification review that the DA's Classification Review Division team carried out independently in 1979-82. Although the evidence I have seen convinces me that the original team conducted a cautious, thorough and highly professional declassification review, I respect the Information Management Staff's judgment in proposing their own quick final check of these records. Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 CONFIDENTIAL SUBJECT: Status of Declassified OSS Records b. Before beginning this final check, the Information Management Staff's reviewers might usefully consult first with the Classification Review Division on the actual guidelines and procedures used in the original review, and then with the National Archives' Declassification Division about the processing (including the protection of foreign government information) that these records will receive before being opened to the public. In my view, such consultations should help the Information Management Staff move rapidly through their final check. c. To expedite matters, the Information Management Staff proposes to go to the National Archives to check the 198 feet of OSS records CIA transferred there in 1980. If CIA lifts its names restriction and presses on with the transfer of these records, the National Archives' Declassification Division would expect to,process around.200 cubic feet a month. This would appear to be a reasonable transfer rate for CIA to aim for. d. The long delay in releasing these OSS records illustrates a problem that the Agency faces in organizing a new program to declassify and release historically significant records. Since this is not an activity that engenders much enthusiasm in this organization, direction and impetus from the center will be needed. On the other hand, even though the direction is central, the components providing the records must have a large enough role in. the selection, review and release decisions to have confidence in the process. e. Since the opening of these OSS, SSU and CIG records will inevitably receive a large amount of press attention, I would suggest that the Agency's Public Affairs Office work with its counterpart at the National Archives to decide how best to handle this event. Deputy 25X1 Chief, Office of Legislative Liaison, has suggested that the release of these documents might usefully be timed to support efforts to carry the FOIA exemption bill through the House of Representatives. In any event, the opening of these records will demonstrate CIA's good faith in undertaking to declassify and release selected older records of historical significance. CONFIDENTIAL Approved For Release 2008/08/22 : CIA-RDP86MOO886ROO2100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 VVI'll .LULH 1 1/lL. SUBJECT: Status of Declassified OSS Records 7. Recommendations: I recommend that you approve the following actions: a. That CIA notify the National Archives that we have agreed to withdraw the second, "Privacy Act", restriction on the 198 cubic feet of declassified OSS records transferred to them on 16 January 1980, with the provision that the Information Management Staff must carry out a final check of these records at the National Archives before they can be released to the public. b. That the Information Management Staff carry out their final check of CIA's declassified OSS records as soon as possible, beginning at the National Archives with those records now held there. c. That after completing the final check of the records now at the National Archives, or by no later, than 31 January 1984, the Information Management Staff propose for your approval a schedule of estimated dates when the remaining increments will be checked and transferred to the National Archives. d. That the Chief, Public Affairs Office, consult with all parties concerned to determine how CIA should treat the opening of these records to the public at the National Archives. J. Kenneth McDonald Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 CONFIDENTIAL SUBJECT: Status of Declassified OSS Records 791 U1hhm J.. Casey 2 FEB 1984 Director of Central Intelligence N-te erector of Central Intelligence hate CONFIDENTIAL Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 CONFIDENTIAL SUBJECT: Status of Declassified OSS Records C/HS/DCI/JKMcD:nkll I (9 Dec 83) Distribution: Orig'- Addressee (w/att) 7- DDCI (w/att) 1 - ExDir (w/att) '1 - ExSec (w/att) 1 - C/HS (w/o att) 1 - HS Chrono (w/o att) 1 CIS Subj (w/att) CONFIDENTIAL Approved For Release 2008/08/22 CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 [ F . rV/V- DC/IIICCT T!1 TQAIUCCCQ A000/1i/All APIn LE::dEBLANK RG MtL:tIF I Ulu Ktt.UMLI I U NA I TUNA (1F TNF I INITFf STATFS r ) A OB NUMBER JOB NUMBER (See Instructions on reverse) 3- 7f.:3-1 AIX 3 - ~~26 -7f- A. OFFER OF A. RECORDS DISPOSITION DIVISION UNSCHED- MAILING ADDRESS: ULED ^ GENERAL SERVICES ADMINISTRATION (NCD) Central Intelligence Agency RECORDS WASHINGTON, DC 20408. . B. MAJOR SUBDIVISION B. TRANSFER ? SCHEDULE[. RECORDS 4. CURRENT LOCATION OF RECORDS D. NAME OF UNIT E. NAME OF PERSON WITH WHOM TO CONFER ABOUT THE F. TELEPHONE (In- STAT A. AGENCY SPACE (Give location) C1a gif .pd Stnrnge in the Washingtnn Metrnnnl itan Area B. FEDERAL RECORDS CENTER (Identify center and FRC accession no. and enter location) A. DESCRIPTION OF RECORDS (Give overall title of records, individual documents, dates, and attach Standard Form 136, if records are now in FAG Continue on separate sheet of paper, if necessary.) ^ SF 135 ATTACHED ? SEPARATE SHEET(S) ATTACHED B. NATIONAL ARCHIVES MAILING ADDRESS: NN$) ? GENERAL SERVICES ADMINISTRATION (NNB) WASHINGTON, DC 20408 C. REGIONAL ARCHIVES ^ FEDERAL ARCHIVES AND RECORD CENTER GENERAL SERVICES ADMINISTRATION C. ARE RECORDS SUBJECT TO PRIVACY ACT? (If yes, cite agency system number and F:R_ volume and page number for most recent notice and.attach a copy) 0. SPECIFIC RESTRICTIONS TO BE IMPOSED (Include Justification and and cite statute or FOI exemption that authorizes such restrictions) 4() 1 J- - E. RECORDS CONTROL SCHEDUL /ITEM NO. OR F. AGENCY REMARKS: APPRAISAL JOB NO. NCI-226-79-1 (Items: 5,13,14,15,17,- 6. STATEMENT OF AGENCY REPRESENTATIVE (See Attached) The records descrlGed above ana on the attached 3 pages are hereby offered for deposit with the National Archives of the United States In accordance with 44 U.S.C. 2103. It Is agreed that these records will administered In accordance with the provisions of 44 U.S.C. Chapter 21, 41 C.F.R. 101-11.411,'41 C.F.R. 105-61, and such other rules or regulations as may be prescribed by the Administrator of General Services or the Archly st of the United States. Unless specified and justified above, there are no restrictions on the use of these records other than the general and specific record group restrictions on the use of records In the National Archives of the United States that have been published In 41 C.F.R. 105-61.53 or In the Guide to the National Archives of the United States. The Ar- chivist of the United States may destroy, donate, or otherwise dispose of any containers, duplicate records, unused forms, blank stationery, nonarehival printed or processed material, or other nonrecord material in any manner authorized by law or regulation without further consent of this agency.. I certify that any re- strictions specified by this agency on the use of these records are In conformance with the requirements of 5 U.S.C. 552 and that 1 am authorized by the head of this agency to act for Me agency on matters pertaining to the disposition of agency records. STAT A. ACTION B. NARS CONCURRENCES C. FOR MARS USE ' INITIALS UNIT DATE INITIALS UNIT DATE ONLY L JAPPROVED ^ - Q Q DISAPPROVED tJ.TVAPRKS R EGARDING DIS POSITION/SHIPP ING 8. RECORDS RECEIVED NARS 0- DEPOSITORY jp'_~Z~ /41/_//~ TRANSFER DATE Approved For Release 2008/08/22: CIA-RDP86M00886R002100140007-0 '-- ' "-- --' - Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 C INSTRUCTIONS This form may be'initiated by either the transferring agency or a Federal records center. INITIATED BY AGENCY: Agency completes items 1 through 6 (see specific instructions be- low). Item 6 must be signed and dated. Send original and 4 cop- ies to.the appropriate address in item 2 sixty days before planned date of transfer. INITIATED BY FEDERAL RECORDS CENTER: Federal records center completes items 1, 2, 3A-F, if known, 4B, 5A and B; D and E and sends original and 3 copies to transferring agency records officer. Agency completes/corrects items 3, 5A, 5C-F, and 6. Item 6 must be signed and dated. Agency sends original and 3 copies to the ad- dress indicated in item 2 sixty days before planned date of trans- fer. If 1 B is checked, a reference to the records control schedule nurn- ber or NABS appraisal job number must be included in 5E. (Item 1 B may be checked for unscheduled records if an appropriate ap- praisal job is cited to reflect an accretion according to prior evalua- tion of the series). When 1B is checked, requests are sent to the National Archives (NNB) unless the records control schedule or appraisal job speci- fies a regional archives or Presidential library. When 2C is checked, include in that block address (number and street, city, State, and zip code) of the regional archives branch be- ing offered the records. Fully identify the agency, subdivision, and unit that created or originated the records (not the agency records office). If this is not possible, or a successor unit or agency is transferring the rec- ords, then explain under Agency Remarks, item 5F. Identify the agency location or the particular records center in which the records are located and provide FRC accession number. The stack location in the center may also be provided. 5A. Describe the records. If the records are in a Federal records center, attach SF 135. Arrangement statement must be provided and enough description to substantiate responses in items 5B (with volume for each item) 5C and 5D. 5B. Estimated volume may be indicated in either cubic feet or cubic meters. 5C. Privacy Act notices must be cited for records subject to the Privacy Act (5 U.S.C. 552a) and should be attached. 5D. Specific restrictions must be fully justified and may not vio- late the Freedom of Information Act (5 U.S.C. 552). . If the records have previously been scheduled in a records con- trol schedule, the schedule and item number must be cited, and the schedule itself may be attached. If the records are not scheduled but a part of the series has been appraised as permanent in the past and transferred to a NABS depository, then cite the appraisal job number as authority and treat as a scheduled offer. Signature and title of agency records officer is placed here and nor- mally is not the name or office given in item 3. NABS will indicate approval and provide shipping or delivery in- structions, or disapproval and recommend appropriate disposition of the records. NABS will indicate quantity of offer.aporoved, dis- approved and for which action is deferred. If NARS approves the transfer, the Office of the National Archives sends SF 258 to the agency (or to the Federal records center if the records are in a center) with a transfer date and shipping or delivery. If NABS disapproves the transfer, the Records Disposition Division returns SF 258 to the agency with suggestions for disposition of the records. . After receipt of records by a NARS depository NABS will sign and return one copy of SF 258 to the agency. eTare?inon enou 158 BACK (REV. 1O-7e) Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 Attachment to: D. SPECIFIC RESTRICTIONS TO BE IMPOSED Foreign Government Information must be afforded protection and will not be released without the prior approval of the government involved. In keeping with the provisions of the Privacy Act infor- mation concerning the affiliation of U.S. persons with OSS may not be released without the consent of the person involved. NOTE: This offering consists of CIA predecessor originated records (OSS, SSU, CIG) declassified under Agency authority - HQ - 70.2 dated 14 May 1979. Some Security Classified records originated by other agencies are interspersed throughout the files. STAT Approved For Release 2008/08/22 : CIA-RDP86M00886R002100140007-0 STSitrr acme: Directorate of Opcrztioos ..,cords System. System locatloa: Ca:.t: l Iotc:::e:ace Agency Washington. D.C. 20505. Attu; Individuals who Categorks of tadl7Sdusls covered by the sy arc of foreign intelligence or foreign counterinccnllig or eeo n interest to the CIA, either because of their actual.. app P sedation with foreign intelligence or forign counterintelligence ac- tivities, or because they are of actual or potential use to CIA. Categoriee of records in the system: Categories of records include administrative, management and policy, peoreign i lity. and and in personal subjects based primarily on foreign foreign counterintelligence reports- Authority for nralnteaaace of the system* 1947, as Amended-F'ublie Law 80-253. Central Intelligence Agency Act of 19491 as Amended.-Public PolkSes and practices for storing, re[ wTusg, ?~ and disposing of records In the system: Storage: Paper, microforms, and magnetic media. Law 81-110. - Section 506(a). Federal Rec:srds Act of 1950 (44 U.S.C., Section 3101). immigration and Na'innaiity Act, ns Amended-Public Law 82- 414. L't tile tacluding cateSo- )aootine nxs of reeordr zip of users and the oseS of each uses: To provide information within CIA and to selected ected Federal agencies and military depart- ments for the conduct of foreign intelligence operations. To provide information within CIA and to the FBI. other selected Federal agencies, and military departments for the conduct of foreign counteri,ttetligenca operations. To conduct national Agency name checks for other agencies as required by National Security Council Directive and the Immigra- tion and Nationality Act of 1952 in the interest of the security of the United Stites. To provide information to the Immigration and Naturalization Service. be disclosed as a A record from this system of records may c civil, "rouiinc use" to a Federal, state or local agency manta-i-8 criminal or other relevant er.fercement information or other per- tinent info ma ion, such as current licenses, if necessary to obtain information relevant to a Agency decision concerning the hiring or rtention of an employee, the issuance of a security tlearaoce, the yeti g of a coetract, or the issuance of a license, (rant or other benefit shed raison -f., provide information to U.S. and, thrcj ghS estaestablished she security checoels. selected ,foreign government Sri Or criminal Cases. fin. rrtain ng, Retrkvabiltty: by name. Safeguards: Strict controls have been imposed to minimize the risk of compromising information held. Employees are allowed rte-.21 Cuss to the m4ex aelU lilies v::ir There are degrees of compar'.mentatron which are designed to limit access to information on a strict "necd-to-know" basis. Records are kept of each disclosure of a record to another agency as required by this act. roved records dispos tit nn t heduless.. "Destruction is by pulpitz, degaussing. Or buruing. System mansler(s) and address: Chic[. Information Services Staff. DDO Central Intelligence Agency Washington, D.C. 20505. NottfkiUoo protrdur:: Individuals seeking to learn if this system of records ?:ontsins information about them should direct their inquiries to: Information and Privacy Coordinator Central intelligence Agency Washington. D.C. 20505. Identification requirements arc specified in the CIA rule published in the Federal Register (32 CFR 1901.13). Individuals must comply with these rules. Record acres procedures: Request from individuals should be ad dressed as indicated in the notification section above. CoattatIng record procedures: The Central Intelligence Agency regulations for access to individual records, for disputing the con tents thereof, and for appealicg an initial determiuation by CIA concerning access to or correction of records, are promulgated the CIA rules section of the Federal Rc. tcr. Record source categories: Other U.S. agencies and organizations. j Foreign sources and individuals. Predecessor organizations. Overt publications. Private citizens. State and local agencies. `715.'d71iS1~1~i74.4`J47:6~?n cc; +`4Y-c rl `saT^~-.