HISTORICAL RESEARCHERS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84B00890R000700020083-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 19, 2016
• Document Release Date: November 28, 2005
• Sequence Number: 83
• Publication Date: January 1, 1979
• Content Type: MF

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14343M114 FOR: Executive Secretary
Information Review Committee
FROM:
Chief, Information and Privacy Division, ISS
SUBJECT: Historical Researchers
1. Action Requested:
The Agency has been somewhat inconsistent in its handling of
requests from historical researchers for access to classified
information. It is requested that this matter be brought to the
attention of the Information Review Committee at the earliest
opportunity, for discussion and policy guidance.
2. Background:
a. Reference Material
Three documents are attached for your information. Tab A
is an excerpt from Executive Order 12065 concerning historical
researchers. Tab B is that portion of the Agency's rules and
regulations implementing the Executive order's provisions for
access by historical researchers. Tab C, a memorandum for the
record, describes the Agency's experience thus far in dealing
with these requests.
b. Pros and Cons
A liberal policy with respect to such applications would
presumably further the public's knowledge of and appreciation
for the important role played by the CIA in national security
and foreign affairs. There would be several disadvantages
however. For one thing, it would further tax our limited
resources: background security investigations would be required;
permanent facilities would have to be established to accommodate
researchers; personnel would have to be assigned to perform
escort duties and to monitor the researchers; searches for
records pertinent to the research topics would have to be
conducted; the researchers' notes would have to be reviewed;
ad inf. Admitting individuals who are not fully cleared
to Agency buildings for prolonged periods could be considered a
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security hazard. If, as is conceivable, we found it necessary
to withhold much of the information sought by approved researchers,
we night end up expending our resources with no benefit to the
general public accruing, and, at the same time, alienating the
researchers. Finally, charges of favoritism from any applicants
who are turned down could be anticipated.
c. Alternatives
(1) We could adopt a liberal policy and attempt to
accommodate all researchers who meet the basic criteria
established in our regulations.
(2) We could modify OUT regulations by inserting a new
paragraph, following (a) and preceding what is now (b), to
the effect that it is the policy of the Agency to approve
applications for historical research privileges only in
those rare instances where the researcher's needs could
not be satisfied through Freedom of Information or mandatory
classification review requests. (This would result in virtually
all applications being denied. )
(3) We could implement alternative (2), above, but follow
a liberal policy with respect to requests from researchers for
access to classified CIA records contained in the files of other
agencies. The latter type of request would not be overly
burdensome. We would still have to run security checks and
review the researchers' notes, but the agency holding the
records would be responsible for the retrieval of information,
provision of working space, arranging for security reviews, etc.
3. Recommendation
It is recommended that the second alternative be adopted and
that the Agency's rules and regulations be appropriately amended.
Attachments: Tabs A4 B & C
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-34psa ? 'mg PRESIDENT
? grams may be created or continued orkity written direction and only by
those agency beads and. or nri;"rs .mrtainingjo intelligence.sources_and
wiLtzlje.,by_chtatirsctor..of. cAntratigtelligoz. Classified information in
ouch programs shall be declassified according to the provisions of Section 3.
4-202. Special access programs may be created or continued only on a
specific showing that:
(a) normal management and safeguarding procedures are not sufficient to
knit need-to-know or access;
(b) the number of persons who will need access will be reasonably small
and commensurate with the objective of providing extra protection for the
information involved; and
(c) the special access controls balance the need to protect the information
against the full spectrum of needs to use the information.
4-203. All special access programs shall be reviewed.LeguVLand, except
those required by treaty or international agreement, shall terminate automati-
cally evggy Juanti,41012.....mmuLin accordance with the procedures in
Section 4-2.
4-204. Within 180 days after the effective date of this Order, agency
heads shall review all existing special access programs under their jurisdiction
and continue them only in accordance with the procedures in Section 4-2.
Each of those agency heads shall also establish and maintain a system of
accounting for special access programs. The Director of the Information Secu-
rity Oversight Office shall have non-delegable access to all such accountings.
4-3. ACCeSi by Historical Researchers and Former Presidential Appointees.
4-301. The requirement in Section 4-101 that access to dassified infor-
MatiOn may be granted only as is necessary for the performance of official
duties w be waived as provided in Section 4-302 for persons who:
.00.00...-7 (a) are engaged in historical research projects. or
cvti ? (b) previously have occupied policy-making positions to which they were
appointed by the President.
4-302. Waivers under Section 4-301 may be granted Only if the agency
with jurisdiction over the information:
(a) makes a written determination that access is consistent with the inter-
ests of national security;
(b)takts_approprialcAtepLy ensure that octets is limited to
. .
categories of informatio
is the acces nted to former Presi entia_1_121 pointees_tn-items
that the person originated. reviewed. signed or received while serving as a
Presidential appointee.
Reproduction Controls.
4-401. Top Secret documents may not be reproduced without the consent
of the originating agency unless otherwise marked by the originating office.
4-402. Reproduction of Secret and Confidential documents may be re-
stricted by the originating agency.
4-403. Reproduced copies of classified documents ate subject to the same
accountability and controls as the original documents.
4-404. Records shall be maintained by all agencies that reproduce paper
mopies of classified documents to show the number and distribution of repro-
tlaceti copies of all Top Secret documents, of all dotinnejits, co-cLfay
special access_Ermimaclistributed ouuide 1,1w infino.ting agency, and of all
Secriridill Confidential documents which are marked witEikcial dissemi-
nation and reproduction limitations in accordance with Section 1-506.
4-405. *Sections 4-401 and 4-402 shall not restrict the reproduction of
documents for the purpose of facilitating review for declassification. However.
imam RIONT22-1101. a. NO. 129-NONDAY, JULY a. IS
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i-Aeleaie.i066/02.47 'd1-4-1ROP. 84
Ako 667 (42 cifia4r.4 ??
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t1.1tULIS. ANDItEGULATIONS , ? ? ? ? ? ?
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with the rived= of Information Act.
Executive Order 11632 and other appli-
cable law. directives. regulations and
policy. .? -
(2) The Committee shall Promptly
consider any requests for declassifica-
tion under paragraph (a) of this section
and shall declassify any such records or
reasonably segregable portions of such
records as it deems appropriate in ac-
cordance with Executive Order 11652.
(3) Committee action on appeals shall
be completed within twenty work days
of receipt of the appeal, except that the
Committee may. in accordance with the
Provisions of 5 1900.45. avail itself of an
additional period of time for completion
of its work on the appeal But no such
. extension shall be available with respect
,to an appeal of a denial of a request
which was the subject of an extension of
. time for Agency action by the Cenrctina"
tor under that paragraph. In the event
the Committee is unable to complete its
review of an appeal within the time pre-
escribed by the two preceding sentences
It may, by agreement with the requester.
extend the period for completion of such
7review.
(4) The Committee shall promptly in-
i.)form the requester of its decisions and.
.7w1th respect to any decision to withhold
or deny records. It shall furnish the
lames and titles or positions of the Per-
sons responsible for the decision. If any
record or portion thereof is denied the
requester by the Committee's action. the
? Committee shall also inform the re-
quester of the provision for judicial re-
-view of that determination under sub-
section (a) (4) of the Freedom of Infor-
mation Act. . ? -
II 1900.33 Appeal to Interageiey
Qsasl-
Lesison Review Committee.
: In the case of any refusal to dec1assit7
? records which are at least ten years old.
the Committee also shall inform the re-
quester of his right to appeal that denial
. to the Interagency Classification Review
Committee established pursuant to sec-
tion 7(A) of Executive Order 11652, as
provided by section EX f Di of the National
Security Council Directive of May 1972.
In that event, the Committee shall also
inform the requester that appeal to the
Interagency Classification Review Com-
mittee shall not waive his right to judicial
review as provided by subsection (a) (4)
of the Act.
)1Ltscauextovs
11 1900.61 Access for historical research.
(a) Any person engaged in a historical
research project may submit a re-
quest, in writing, to the Coordinator to
be tri-m itcects to information classteed
pursuant to an Executive order for pur-
poses of that research project may sub-
mit a request, the nature, purpose and
scope of the research project.
(b) The Coordinator may authorize &C-
oeds. under such conditions and at such
time and place as he may deem feasible.
But the Coordinator shall authorize ac-
cess only with respect to documents and
records prepared or originated not less
than ten years prior to the date of such
request and only upon the Prior written
?
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approval by the Agency tnrectoi of Se-
curity of a current security clearance of
the requester and of persona associated
with him In the project. in seenrdshes
with Executive Order 10450, and upon the
Coordinator's further determination
that:
. ? . ?
? ? ? .
(1) A serious professional or scholarly
research project is contemplated;
(2) Such access Is clearly consistent
with the interests of national security;
(3) Appropriate steps have been taken
to assure that classified information will
not be published or otherwise compro-
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mind; ?
(4) The Information requested Is rea-
sonably accessible and can be located
and compiled with a reasonable amount
of effort; ? ? .. ? ? *.
(6) The historical researcher agrees to
safeguard the Information in a twiner
consistent with Executive Order 11632
and the National Security Council Direc-
tive of May 1972; and
(6) The historical researcher agrees to
authorize a prior review of his notes and
manuscript by the Agency for the sole
purpose of determining that no classified
Information is contained therein. ?
(c) An authorization shall be valid lir
the period required for the research Proi-
ea, as the Coordinator may determine,
but in no event for more than two years.
But upon renewed request in accordance
with paragraph (a) of this section, au-
thorization may be renewed in accord-
ance with paragraph (b) and this para-
graph. ? . .
(d) The Coordinator shall cancel any
authorization whenever the Director of
Security cancels the security clearance
of the requester or of any person associ-
ated with the requester in the research
project or whenever the Coordinator
determines that continued access would
not be in compliance with one or more
of the requirements of Parstrsish DO of
this seen= .. ? . ? ?
I 1900.63 Suggestions and complaints.
. Any person may direct any suggestion
or complaint with respect to the Agency
administration of Executive Order 11652
-to the CIA Information Review Commit-
tee. The Committee shall colander such
Suggestions and complaints and shall take
such action thereon as It may deem
feasible and appropriate.
This regulation shall become effect^ ive
on February 19. 1975.
Joint P. Bums. .
Deputy Director for Aerninia-
troika. Central fatelligeeert
Agency.
Etontralre 11. 1975. ? . ?
gra Doc.75-4354 Tiled 948-75S:45
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?
CHAPTER XVI?SELECTIVE RVICE
SYSTEM
PART 1608--PUSLIC INFORMATION
Freedom of Information AceRegulations
Whereas. on January 14. 1975, the Di-
rector of Selective Service published a
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Notice of Proposed Amencbnenii to Se-
lectin Service Regulations (40 FR 2593)
of January 14.1973; and
Whereas more than thirty tan have
elapsed subsequent to such Publication
during which period comments from the
public have been received and considered.
The proposed amendments are being
made effective without change In sub.
.
The revision of Part 1605 would elimi-
nate the authority of the Director of
Selective Service and the State Director
of Selective Service to disclose Informa-
tion in a registrant's !Ile to an official of
any state or subdivision thereat and the
authority of the Director of Selective
Service to 'disclose information in a reg-
istrant's file to any Person other than
the officials listed; the addresses of State
Directors of Selective Service would be
eliminated: a charge for the search of
records would be specifically prohibited;
"not clearly authorized" disclosures of
Inform:tat:ion could be made only upon ad-
vice of the General Counsel of the Selec-
tive Service System; and- Anal agency
action on an appeal from a denial of In-
formation would be taken by the Direc-
tor of Selective Servicie. The present pro-
visions of Part 1608 that are not chanted
In substance are rearranged for the pur-
poses of increased clarity and coon*
lance Ira use.?
Now therefore by virtue of the au-
thority Tested In Me b3 the Military
Selective Service Act, as amended (50
App. U.S.C. sections 451 et seq.) and
1604,1 of Selective Service Regulations
(32 CFR 1604.1). the Selective Service
Regulations, constituting a portion' of
Chapter XVI of Title 32 of the Code of
Federal Regulations, are hereby amend-
ed. effective February 19. 1975. ? ?
Part 1603. Public Informetrom 'Zs re-
vised to read as follows: ??. ? . ? - .
? . .
? .
10011.1..? Palls Informallon policy. ? ?
Mei ? Definitions.. ?"- ?
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10011.3 *Cteneral policy on disclosure . el
Pa-
: . sormetiois.. . -.-
1909.4 dmilabillty and nos. Informationof
. Information In registrants' Ales.
sena Waiver of confidential nettle* of
' . Information In registrant's Ales.
16011.9 'Subpoena. of rectada.. ? ?
-
1504.7 . Available Information.
1004.11 risings where laformailon way be
? ? obtained. ?
1.11011.9. *elm at
governing She obtaining.
? Information.
1001 10 Identification -Cif informa. tten
? ? quaattiti.
re-
1 Peas toe north of Timed* and
? copies or documents.
100!1.13 **quest for Information not an.? :
; ? tboriood sob. disclosed.
1000.111. Morley .of denials of moods for
1009.14 *Demands of courts or ether au-
-
dimities for records or inforeria-
, ? lion protected by them seguls?
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Federal Register! Vol. 45, No. 140 / Friday. July 18, 1980 / Rules and Regulations 48131 ?
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CENTRAL INTELLIGENCE AGENCY
32 CFR Part 1900
Public Access to Documents and
Records and Declassification
Requests
Aovecv: Central Intelligence Agency.
ACTWMC Final rule.
SUMMARY: The Central Intelligence
Agency (CIA) amends its regulations
relating to public access to documents
and records by clarifying policies and
procedures regarding historical research
requests. Based upon the Agency's
experience in handling requests from
historical researchers for access to
classified information held in the file
systems, a modification of the regulation
Is necessary. The amendment will allow
the CIA to process such requests with
less burden upon its limited resources.
This document also corrects the text by
setting forth language which was
Inadvertently omitted when first
promulgated.
IFFECTIVI DATE July 11 1980.
FOR FURTHER INFORMATION CONTACT:
Mr. Charles E Savige, Phone: (703) 351?
SUPPLEMENTARY INFORMATIOIC This
final rule was promulgated as ?
proposed rule on May 6, 1980, and ?
comments were invited. On May 21:
1960, this Agency received a
memorandum from the Director.
Information Security Oversight Office,
recommending the deletion of the word
"laze" in line 11 of the promulgation.
This recommendation has been
accepted and the word is deleted. There
were no other comments received.
In consideration of the foregoing. Part
1900. Chapter XIX of mi. 32, Code of
Federal Regulations, is amended by
revising paragraph (a) of 1900.31 to read
as follows:
1900.61 Access for historical research.
(a) Any person engaged in a historical
research project may submit a request. .
In writing, to the Coordinator to be given .
access tb information classified
pursuant to en Executive order for
purposes of that research. Any such
request shall indicate the nature, .
purpose. and scope of the research
project. It is the policy of the Agency to
consider applications for historical
research privileges only in those
Instances where the researcher's needs
cannot be satisfied through requests for
-access to reasonably described records.
? ? ? ? ?
This amendment to the rules.and
regulations of the Central Intelligence
Agency is adopted under the authority
of Section 102 of the National Security .
Act of 1947. as amended (50 U.S.C. 403).
the Central Intelligence Agency Act of
1949, as amended (50 U.S.C. 403a it
seq.), Executive Order 12065 (3CFR. 19711
Comp.. p. 190), the Freedom of
Information Act, as amended (5 U.S.C.
532), and the Federal Records
Management Amendments of 197$ (Sec..
4. Pub. L. 94-575. Sp Stat. V23).
Dom I. Wartman,
Doputy Diroctor for Administsation.
pat DOC. ii-finot Nod 747-ai Mg 164
sumo coca a 1043-1111
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MEMORANDUM FOR THE RECORD
SUBJECT: Historical Research Applications
4!.:C 1979
1. The first uch amlication received by the Agency under
E.O. 11652 was froml , a former OSS officer who
headed an OSS mission in Hanoi during World War II. He also served,
following his retirement from the Army, for 12 years with the Office
of Emergency Preparedness. He was encouraged by Senator Fulbright,
in connection with hearings on the origins of the war in Southeast
Asia, to write about his experiences. I submitted an
inventory of documents which he had turned over to the Army at the
time of his separation from the service, most of which he had
originated or which had been addressed to him during his tour in
Hanoi. Once he arrived at the Agency for his research (the Office of
Public Affairs provided the work space and took care of escort duty),
however, he kept asking for additional documents. He did not take
notes and submit them for security review but, instead, submitted a
list of some 370 OSS documents for declassification. Most of these
were subsequently released th
d to him. Later on, we learned from NARS
personnel that decided to enlarge e scope of his book.
He has never submitteda manuscript for review, so presumably nothing
has been published. One thing that we learned from our experience
with Mr. Patti was that the "care and feeding" of researchers is a
burden on our resources.
2. Marshall L. Miller, who at the time was an Associate Deputy
Attorney General, requested access to classified OSS and CIA records
filed among the State Department records at the Diplomatic Branch at
NARS. He planned to write a two-volume work on U.S. relations with
Bulgaria during World War II. Approval was granted, subject to the
usual conditions. As far as we know, however, he never exercised his
right. We received no notes from NARS for security review and he never
submitted a manuscript. It is known that Miller returned to private
law practive shortly after his application was approved, and this may
have affected his plans.
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3. Howard C. Berkowitz, a computer programmer at the Department
of Labor, was commissioned by the Ripon Society of the Republican Party
to do a study of information control and leaks within the Federal
Government. His request for access to classified CIA information
was denied. One reason for the disapproval was his connection to a
major political party, but the principal reason was DUT belief that
his information needs could be substantially met on an unclassified
basis. He subsequently came to the Headquarters Building for briefings/
interviews.
4. David C. Walsh, an undergraduate student at Montgomery College,
requested access to classified OSS records in connection with his re-
search into special ordnance and similar equipment developed for or
by the OSS. Shortly after receiving this request, the Agency's
regulations concerning the criteria for considering historical research
applications were amended, with the approval of the Information Review
Committee, to take into account academic qualifications and evidence
of prior scholarly research. The request was denied on that basis.
5. Ray S. Cline, former DDI and former head of State/INR, sub-
mitted a request for historical researcher access directly to the
DCI. The DCI sent the request to the Chief of the Historical Staff,
Walt Elder. MY. Elder was aware that Agency regulations and practices
called for other officials to handle these matters, but, although he
asked us to draft the correspondence, Mr. Elder felt obligated to
sign the letters. Applications were approved for both Mr. Cline and
his research assistant. There was a problem finding work space and
someone who would accept responsibility for badging and escort duty.
When then DDI, learned of MY. Cline's approval for
historical research, he insisted that the work space could not be in
Headquarters Building. We never received any notes to review and
assumed, therefore, that Mr. Cline had not availed himself of his
research privileges. However, we later heard that the research
assistant had in fact been given access to classified material in
one of the Rosslyn offices. We do not know who, if anyone, reviewed
her notes. The whole matter was handled outside established channels.
6. Vance Tiede, a graduate student at Georgetown University, was
turned down on his request for access to classified OSS records concerning
reported German-Soviet peace feelers, primarily on the basis that he lacked
the requisite academic credentials. MY. Tiede was very persistent, however,
and persuaded several persons to submit letters on his behalf (including
a letter from Ray Cline). In the end, Mr. Tiede went along with having
his informational needs satisfied through an FOIA request.
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7. Klemens von Klemperer, a professor at Smith College who was
writing a book on the diplomacy of the German opposition during World
War II, next submitted an application for historical researcher status.
The DDO agreed to providing work space and escort duty. Indeed, the
DDO drew up plans for a special office in its archives area to
accommodate Professor von Klemperer and other historical researchers
and went so far as to submi*vork requisition. The Office of Security
killed the project, however. The Security officials we talked to
among others) were unaware of the earlier approvals. Their
position was that they would not permit a non-Agency employee to do
research on CIA premises unless he had been cleared for Top Secret--and,
because of other priorities, Security would not undertake a full field
investigation just to clear a historical researcher. Mr. Blake, then
DDA, backed up the Office of Security's stand, but asked us to try
to accommodate Professor von Klemperer's informational needs by waiving
fees for an FOIA request. (We did this for the initital request. When
Professor von Klemperer submitted additional requests, however, we
started charging fees. We are still working on one of his requests.)
8. Vice President Nelson Rockefeller wrote to the DCI on
20 September 1976 on behalf of one of his speechwriters, Joseph Persico,
asking that Mr. Persico be provided access to classified OSS records.
(Mr. Persico had previously filed one or more FOIA requests with the
Agency, but he wanted to expedite his research rather than await the
results of the FOIA processing.) The request was denied by Director
George Bush in a letter dated 8 October 1976. In his letter, Mr. Bush
pointed out the difficulties in accommodating historical researchers
and the fact that several previous requests of this nature had been
denied.
9. The position that the Office of Security had taken in the
von Klemperer case (i.e.., that a Top Secret clearance would be re-
quired) made it apparent that security approval would be given only to
those applicants who could be cleared without a full field investigation--
in other words, CIA annuitants or persons who had worked in other in-
telligence agencies. It occurred to us that the Agency could be opening
itself up to charges of partiality and an "old boy" mentality if such
persons were to be granted research privileges while "outsiders" were
turned down. With that in mind, we denied the applications of approx-
imately six former CIA employees. As I recall, we advised them that we
could not locate the materials without undue effort, and that we did not
have appropriate facilities (work space, etc.).
10. So far this year (1979), we have denied requests from two
students who wanted permission to view CIA records contained in
Department of the Army files. The requesters were Robert C. Morris, Jr.,
of VMI, and Timothy J. Lomperis of Duke University. In each instance,
we recommended that they submit ?DIA or mandatory review requests instead.
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11. In January 1979, we received a still unanswered request from
the former U.S. Ambassador to Panama, William J. Jorden, for historical
researcher access to classified CIA records held by the Lyndon B. Johnson
Library, where Ambassador Jorden is a Scholar-in-Residence. He submitted
similar requests to several other agencies. A meeting was held on the
Officer, ani Jack Pfeiffer (to whom the letter had been addressed). The
matter with ODGC), the Office of Security's Records Management
Office of Security spokesman stated that OS would no longer insist upon
a full field investigation, and that this would thus not be an obstacle
to clearing historical researchers. He noted that the application forms
did not conform to the Privacy Act and indicated that he would revise
them. for his part, said that he wanted to revise the
security agreement so that it would be more in the form of a contract
in case we ever went to court. I subsequently received a new version
of the security agreement from I never did get revised
application forms from Security, however, despite having inquired about
the matter two or three times. To avoid further delay, I drafted a
letter to Mr. Jorden, incorporating the Privacy Act statement, and was
briefed me on a meeting of
about to have it typed whenl
the Interagency Information Security Committee. MY. Jorden's request
had come up for discussion at this meeting and several agencies, notably
the Department of State, opposed granting it. The Department of State
has consistently refused to provide researchers with access to classified
materials. They did it once, and it resulted in criticism from other
historians. (I can provide more details to anyone who is interested.)
recommended, therefore, that I hold up on the letter until
she was able to get policy guidance. She went on to her new assignment
in the Comptroller's office before doing so, and MY. Jorden's letter
remains unanswered.
STAT
STAT
12. The latest request, from former Agency employee STAT
was addressed tol lwho forwarded it to IPD. STAT
the DDO Information Review Officer, is aware of it and is basically
unsympathetic. In fact, he thinks that the letter itself contains
classified information. The letter that I have drafted to be sent to
is designed to let him know that his request may very well be
enied and to encourage him to submit an FOIA request instead. He is
not an established scholar (to my knowledge); there would be a problem
with providing working space and escort service; and, above all, to
approve his application after disapproving so many other requests would
smack of favoritism.
13. Policy guidance is sorely needed. If we are not going to
approve any of these applications, we should amend our regulations
to make that clear. If we are going to approve them, we need to set
up facilities to accommodate researchers on a more or less continuous
basis.
Approved For Release 2006/02/07 : CIA-RDP84600890R000700020083-0
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