STATUTES APPLICABLE TO THE MANAGEMENT AND PROTECTION OF FEDERAL RECORDS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP72-00450R000100130006-2
• Release Decision: RIFPUB
• Original Classification: S
• Document Page Count: 12
• Document Creation Date: December 12, 2016
• Document Release Date: April 15, 2002
• Sequence Number: 6
• Publication Date: March 1, 1952
• Content Type: REGULATION

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3ecurfty Inform,linn
STATUTES APPLICABLE
TO THE
MANAGEMENT AND PROTECTION
Prepai'`ed by:
Records Management and Distribution Branch
Administrative Service Office
Central Intelligence Agency
March, 1952
S,E
,Security Inforn t7 tP
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1 'Security Information
Records. created or received by the Central Intelligence Agency
in pursuance of the National Security Act of 1947 (Public Law 253 -
80th Con ass) as amended by the Central Intelligence Agency Act
of 1949 (PPublic Law 110 - 81st Congress),.or in connection with the
transaction of public business, are the property of the United States
Government. In determining the degree of propriety, as well as the
creation, maintenance, protection, preservation and disposal of these
records, the following references shall be considered:
1. The National Security Act of 1947 as amended by the Central
Intelligence Agency Act of 1949.
2. The Federal Property and Administrative Services Act of 1949
(Public Law 152- 81st Congress)
3. The Federal Records Act of 1950 (Title 5, Public Law 754)
U.S, Code
5. Federal Reports Act (Public Law 831)
6. Administrative Procedure Act (Public Law 404).
7. The Records Dis osal Act, Approved July 7, 1943 (57 Stat.
380, / USC 366), as amended July 6, 1945 (59 Stat. 434)
8. Bureau of the Budget Bulletin 51-14, dated May 229. 1951
a. As implemented by the Central Intelligence Agency.
9. General Services Administration Regulations
10. Records Program in the Central Intelligence Agency
* The National Security Act of 1947 as amended by the
Central Intelligence Agency Act of 1949 ~t
n Sec. 7. In the interests of the security of the foreign intel-
ligence activities of the United States and in order further to imple-
ment the proviso of section 102 (d) (3) of the National Security Act
of 1947 (Public Law 253, Eightieth Congress, first session) that the
Director of Central Intelligence shall be responsible for protecting
intelligence sources and methods from unauthorized disclosure, the
Agency shall be exempted from the provisions of sections 1 and 2,
cha ter 795 of the Act of August 28, 1935 (49 Stat. 956, 957; 5 U.S.C.
654), and the provisions of any other law which require the publica-
tion or disclosure of the organization, functions, names, official
titles, salaries, or numbers of personnel employed by the Agency:
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Provided, That in furtherance of this section, the Director of the
Bureau of the Budget shall make no reports. to the Congress in con-
nection with the Agency under section 607, title VI, chapter 212 of
the Act of June 30, 1945, as amended (5 U.,S.C. 947 (b) )."
* The Federal Property and Administrative Services Act of
1949
This law transferred the National Archives establishment and
its function to the General Services Administration. In addition,
the Administrator of G.S.A. was authorized to survey Federal records
to determine the efficiency of operations and for other reasons.
"Sec. 104. (a) The National Archives Establishment and its func-
tions, records, property, personnel, obligations, and commitments are
hereby transferred to the General Services Administration. There are
transferred to the Administrator (1) the functions of the Archivist of
the United States, except that the Archivist shall continue to be a
member or chairman, as the case may be of the bodies referred to in
subsection (b) of this section, and (2j the functions of the Director
of the Division of the Federal Register of the National Archives
Establishment. The Archivist of the United States shall hereafter be
appointed by the Administrator.
"(b) There are also transferred to the General Services Adminis-
tration the following bodies, together with their respective functions
and such funds as are derived from Federal sources: (1) The National
Archives Council and the National Historical Publications Commission,
established by the Act of June 19, 1934 (48 Stat. 1122), (2) the
National Archives Trust Fund Board, established. by the Act of July
9, 1941 (55 Stat. 581), (3) the Board of Trustees of the Franklin D.
Roosevelt Library, established by the Joint Resolution of July 18,
1939 (53 Stat. 1062), and (4) the Administrative Committee established
by.section 6 of the Act of July 26, 1935 (49 Stat. 501), which shall
hereafter be known as the Administrative Committee of the Federal
Register. The authority of the Administrator under section 106 hereof
shall not extend to the bodies or functions affected by this subsection.
"(a) The Administrator is authorized (1) to make surveys of Government records and records management and dig osal practices and ob-
tain reports thereon from Federal agencies; (2) to promote, in coopera-
tion with the executive agencies, improved records management practices
and controls in such agencies, including the central storage or dis-
position of records not needed by such agencies for their current use;
and (3) to report to the Congress and the Director of the Bureau of
the Budget from time to time the results of such activities."
..icurily Info-, I$ ,
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* The Federal Records Act of 1950
Under the Federal Records Law specifiir responsibility for the
management of records is vested in the Administrator. of the General
Services Administration and the Head of each Federal Agency.
RESPONSIBILITY OF ADMINISTRATOR OF G. S.A. -
"Sec. 505. (a) The Administrator shall make provisions. for the
economical and efficient management of records of Federal agencies
(1) by analyzing, developing, promoting,and coordinating standards,
procedures, and techniques designed to improve the management of
records, to insure the maintenance and security of records deemed
appropriate for preservation, and to facilitate the segregation and
disposal of records of temporary value, and (2) by promoting the
efficient and economical utilization of space, equipment, and supplies
needed for the purpose of creating maintaining, storing, and servicing
records.
"(b) The Administrator shall establish standards for the selective
retention of records of continuing valve, and assist Federal agencies in
applying such standards to records in their custody; and he shall notify
the head of any Federal agency of any actual, impending, or threatened
unlawful removal, defacing, alteration, or destruction of records in
the custody of such agency that shall come to his attention, and assist
the head of such agency in initiating action through the Attorney General
for the recovery of such records as shall have been unlawfully removed
and for such other redress as may be provided by law.
"(c) The Administrator is authorized to inspect or survey person-
nally or by deputy the records of any Federal agency, as well as to make
surveys of records management and records disposal practices in such
agencies, and shall be given the full cooperation of. officials and em.r,
ployees of agencies in such inspections and surveys; Provided,.That re-
cords, the use of which is restricted by or pursuant to law or for rea-
sons of national security or the public interest, shall be inspected or
surveyed in accordance with regulations promulgated by the. Administrator,
subject to the approval of the head of the custodial agency.
"(d) The Administrator is authorized to establish, maintain, and
operate records centers for the storage, processing, and servicing of
records for Federal agencies pending their deposit with the National
Archives of the United States or their disposition in any other manner
authorized by law; and to establish,'maintain, and operate centralized
microfilming services for Federal agencies.
"(e) Subject to applicable provisions of law, the Administrator
shall promulgate regulations governing the transfer of records from
the custody of one executive agency to that of another.
a
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"(f) The Administrator may empower any Federal agency, upon
the submission of evidence of need therefor, to retain records for a
longer period than that specified in disposal schedules approved by
Congress, and, in accordance with regulations promulgated by him, may
withdraw disposal authorizations covering records listed in disposal
schedules approved by Congress:" ,
"Sec. 507 (a) The Administrator, whenever it appears to him to
be in the public interest, is hereby authorized -
"(1) to accept for deposit with the National Archives of the
United States the records of any Federal agnecy or of the Con-
gress of the United States that are determined by the Archivist
to have sufficient historical or other value to warrant their
continued preservation by the United States Government;
"(2) to direct and effect, with the approval of the head of the
originating agency (or if the existence of such agency shall have
been terminated, then with the approval of his successor in func-
tion, if any), the transfer of records deposited (or approved for
deposit) with the National Archives of the United States to public
or educational institutions or associations; Provided, That the
title to such records shall remain vested in the United States un-
less otherwise authorized by Congress; and
"(3) to direct and effect the transfer of materials from private
sources authorized to be received by the Administrator by the pro-
visions of subsection (e) of this section.
"(b) The Administrator shall be responsible for the custody, use,
and withdrawal of records transferred to him:-Provided, That whenever
any records the use of which is subject to statutory limitations and
restrictions are so transferred, permissive and restrictive statutory
provisions with respect to the examination and use of such records appli-
cable tothe,head of the. agency from which the records were transferred
or to employees of that agency shall thereafter likewise be applicable to
the Administrator, the Archivist, and to the employees of the General Ser-
vices Administration, respectively: Provided further, That whenever the head
of airy agency shall specify in writing restrictions that appear to him to
be necessary or desirable in the public interest, on the use or examination
of records being considered for transfer from his custody to the Administra-
tor, the Administrator shall impose such restrictions on the records so trans-
ferred, and shall not remove or relax such restrictions without the concur-
rence in writing of the head of the agency from which the material shall
have been transferred (or if the existence of such agency shall have been
terminated, then he shall not remove or relax such restrictions without
the. concurrence of the successor in function, if any, of such agency head):
Provided, however, That statutory and other restrictions referred to in
the provisos of this subsection shall not remain in force or effect after
the records have been in existence for fifty years unless the Administrator
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y information
by order shall determine with respect to s-",cific bodies of records
that such restrictions shall remain in for,, and effect for a longer
period: And provided further, That restria ons on the use or exami-
nation of records deposited with the Naticj...l Archives of the United
States heretofore imposed and now in force and effect under the terms
of section 3 of the National Archives Act approved June 19, 1934,
shall continue in.force and effect regardless of the expiration of the
tenure of office of the official who imposed them but. may be removed
or relaxed by the Administrator with the concurrence in writing of the
head of the agency from which material has been transferred (or if the
existence of such agency shall have been terminated, then with the con-
currence in writing of his successor in function, if any). "
"Sec. 508 (a) The Administrator is hereby authorized, whenever
he deems it necessary, to obtain reports from Federal agencies on their
activities under the provisions of this title and the Act approved July
7, 1943 (57 Stat. 380-383), as amended July 6, 1945 (59 Stat. 434).
"(b) The Administrator shall, whenever he finds that any provi-
sions of this title have been or are being violated, inform in writing
the head of the agency concerted of such violations and make recommen-
dations regarding means of correcting them. Unless corrective measures
satisfactory to the Administrator are inaugurated within a reasonable
time, the Administrator shall submit a written report thereon to the
President and the Congress."
-RESPONSIBILITY OF AGENCY HEADS-
"See. 506. (a) The head of each Federal agency shall cause to be
made and preserved records containing adequate and proper documentation
of the organization, functions, policies, decisions, procedures, and
essential transactions of the agency and designed to furnish the infor-
mation necessary to protect the legal and financial rights of the Govern-
ment and of persons directly affected by the agency's activities.
"(b) The head of each Federal agency shall establish and maintain
an active continuing program for the economical and efficient manage-
ment of the records of the agency. Such program shall, among other
things, provide for (1) effective controls over the creation, mainte-
nance, and use of records in the conduct of current business; (2)
cooperation with the Administrator in applying standards, procedures,
and techniques designed to improve the management of records, promote
the maintenance and security of records deemed appropriate for preser-
vation, and facilitate the segregation and disposal of records of tem-
porary value; and (3) compliance with the provisions of this title and
the regulations issued thereunder.
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"(c) Whenever the head of a Federal agency determines that sub-
stantial economies or increased operating efficiency can be effected
thereby, he shall provide for the storage, processing, and servicing
of records that are appropriate therefor,'Ln.a records center main-
tained and operated by the Administral,iW)r or, when approved by the
Administrator, in such a center maintollned and operated by the head
of such Federal agency.
"(d) Any official of the Governnl,ent who is authorized to certify
to facts on the basis of records in his, custody, is hereby authorized
to certify to facts on the basis of relcords that have been transferred
by him or his predecessors to the Administrator.
"(e) The head of each Federal agency shall establish such safe-
guards against the removal or loss of records as he shall determine to
be necessary and as may be required by regulations of the Administra-
tor, ;Such safeguards shall include making it known to all officials
and employees of the agency (1) that no records in the custody of the
agency are to be alienated or destroyed except in accordance with the
provisions of the Act approved July 7, 1943 (57 at, 380 - 383), as
amended July 6, 1945 (59 Stat: 434), and (2) the penalties provided by
law for the unlawful removal or destruction of records.
"(f) The head of each Federal agency shall notify the Administra-
tor of any actual,impending,or threatened unlawful removal, defacing,
alteration, or destruction of records in the custody of the agency of
which he is the head that shall come to his attention, and with the
assistance of the Administrator shall initiate action through the Attor-
ney General for the recovery of records he knows or has reason to be-
lieve have been unlawfully removed from his agony, or from any other
Federal agency whose records have been transferred to his legal custody.
"(g) Nothing i~ this title shall be construed as limiting the au-
thority of.the Comptroller General of the United States with respect to
prescribing accounting systems, forms, and procedures, or lessening the
responsibility of collecting and disbursing officers for rendition of
their accounts for settlement by the General Accounting Office."
* The U.S. Code
The U.S. Code quotes certain basic regulations and penalties with
respect to the maintenance and protection of records in all Federal
agencies. Title 5, Section 22 states:
"Sec. 22. Departmental regulations. The head of each department
is authorized to prescribe regulations, not inconsistent with law, for
the government of his department, the conduct of its officers and clerks,
the distribution and performance of its business, and the custody, use,
and preservation of the records, papers, and property appertaining to it.
(R.S. Sec. 161)."
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&~ curily Infurmnlion
Pertinent decisions based on this Section are as follows:
"Implied power of head of department. - The head of a government
department does not have to show statutory authority for everything he
does, reasonable latitude in the exercise of discretion being implied.
(1924) 34 OP. Atty. Gen. 320,"
"Power considered administrative. - the power conferred by this
section is administrative and not legislative. U.S. v. George (Neb.
1913) 228 U.S. 14, 33 S. Ct. 412, 57 L. Ed. 712."
"Implied legislative ratification. - When Congress permits the
orders of an executive department to be formulated as regulations, and
published, and carried into effect, the legislative ratification must
be implied. Maddox v. U.S. (1885) 20 Ct. Cl. 193, 19,7."
"Effect as to third persons. - No authority is created by this
section which enables the heads of departments to make rules for the
conduct of persons not connected with the departments, but such regula-
tions, when made, are exclusively for the government of the department,
and the conduct of its officers, and the preservation of the papers and
property belonging to the department. (1883) 17 Op. Atty. Gen. 524."
?Adoption of regulations; usage. - Usages have been established
in every part of the government, which have become a kind of common law,
and regulate the rights and duties of those who act within their respec-
tive limits. U.S. v. Macdaniel (Dist. Col. 1833) 7 Pet. 1, 14, 8 L. Ed.
587. See Benson v. Henkel (N.Y. 1905) 25 S. Ct. 569, 571, 198 U.S. 1,
49 L. Ed. 919.
"The regulations mentioned in this section need not be promulgated
in any set form, nor in writing, but may consist of established usages,
and practices which have become a kind of common law of the department.
Haze v. Henkel (N.Y. 1910) 216 U.S. 462, 30 S. Ct. 249, 54 L. Ed. 569.
See also International By Co. v. Davidson (C.C.A. N.Y. 1921) 273 F.
153, affirming (D.C. 1920 271 F. 313, and reversed on other grounds
(1922) 42 S. Ct. 179, 257 U.S. 506, 66 L. Ed. 341.
"The requirement by the department under whose authority an officer
is acting, such as will make his action official, need not be prescribed
by written rule or regulation. It may also be found in an established
usage which constitutes the common law of the department, and fixes the
duties of those engaged in its activities. In numerous instances, duties
not oompletley defined by written rules are clearly established by settled
practice. U.S. v. Birdsall (Iowa, 1914) 34 S. Ct. 512, 514, 233 U.S. 223,
53 L. Ed. 930."
"The archives of a. department are not in the possession of the head
of the department or chief of a bureau, but in the possession of the United
States, and papers cannot be taken therefrom, by replevin against such
officer, on a claim of them as private property. (1853) 6 Op. Atty. Gen. 7."
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"The records of Ehcecutive Departments are quasi-confidential in their
nature, and must be classed as privileged communications whose production
cannot be compelled by a court without express authority of law. And the
head of an Executive Department may properly decline to furnish official
records of his Department, or copies thereof, or to give testimony in a
cause pending in court between private parties, respecting facts which
have come to his knowledge officially, whenever in his judgment the pro-
duction of such papers or the giving of such testimony might prove pro-
judicial, for any reason, to'the government or to the public interest.
(1905) 25 Op. Atty. Gen. 326, Sec, also, (1877) 15 Op. Atty. Gen. 378,
415; (1878) 16 Op. Atty. Gen. 240
"Where the disclosure of facts stated, etc., in communications
which are not privileged, as made in the course of official and public
duties, would, in the judgment of the head of the department, be attended
with serious damage to the public interest, the department would be justi-
fied in representing to the court that, upon public considerations, it
declined to furnish such communications. (1877) 15 Op. Atty. Gen. 415,
416."
"Force and affect of regulations as law generally. - A regulation
prescribed by the head of a department, within this section, when not in-
consistent with law, has the force of law. Cahn v. U.S. (Kan. 1894) 14 S.
Ct. 513,'517, 152 U.S. 221, 38'L. Ed. 415; Ex parta Reed (1879) 100 U.S.
13, 25 L. Ed. 538; (1895) 21 Op Atty. Gen. 122.
"A regulation of a department, in conformity to a particular act of
Congress, becomes a part of the law, and of a: binding force as if incor-
porated in the body of the law itself. Wilkins v. U.S. (Pa. 1899) 96 F.
839, 841, 37 C.C.A. 588, writ of certiorari denied (1899) 20 Sup. Ct. 1023,
175 U.S. 727, 44 L. Ed. 339; U.S. v. Stbray (C.C. Pa. 1910)'178 F. 144,
reversed on other grounds (1911) 185 F. 401, 107 C.C.A. 483;
U.S. v. Barrows (D.C. Pa. 1869) Fed. Cas. No. 14,529, 1 Abb. U.S. 351;
In re Aliens (D.C. N.Y. 1916) 231 F. 335; Peterson v. U.S. (C.C.A. Hawaii,
1923) 287 F. 17."
"While the head of an executive department is limited in what'he
done by the law, he need not show express statutory authority for an
administrative detail incident to a power conferred. U.S. v. Macdaniel
(Dist. Col. 1833) 7 Pet. 1, 14, 8 L. Dd. 587; anel1 v. U.S. (1909)
45 Ct. C1. 13; (1911) 28 Op. Atty. Gen. 549."
Title 18, Paragraph 2071.
"2071. Concealment, removal, or mutilation generally,
n(a) Whoever willfully and unlawfully conceals, removes, muti-
lates, obliterates, or destroys, or attempts to do so, with intent to do
so takes and carries away any record, proceeding, map, book, paper, docu-
ment, or other thing, filed or deposited with any clerk or officer of any
court of the United States, or in any public office, or with any judicial
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or public officer of the United States, shall be fined not more than
42,000 or imprisoned not more than three years, or both.
"(b) whoever, having the custody of any such record, proceeding,
map, book, document, paper, or other thing, willfully and unlawfully con-
ceals, removes, mutilates, obliterates, falsifies, or destroys the same,
shall be fined not more than $2,000 or imprisoned not more than three
years, or both; and shall forfeit his office and be disqualified from
holding any office under the United States."
The Defense Production Act
"Section 705 . . . . . (e) Information obtained under this section
which the President deems confidential or with reference to which a
request for confidential treatment is made by the person furnishing
such information all not be published or disclosed unless the Presi-
dent determined that the witholding therof is contrary to the interest
of the-:national defense, and any person willfully violating this pro-
vision shall, upon conviction, be fined not more than 40,000, or im-
prisoned for not more than one year, or . both."
"Section 710 . . . (e),,Whoever, being an officer or employee of
the United States or any department or agency thereof (including any
Member of the Senate or House of Representatives), receives, by virtue
of his office or.employment, confidential information, and (1) uses such
information in speculating directly-or indirectly on any commodity ex-
change, or (2) discloses such information for the purpose of aiding any
other person so to speculate, shall be fined not more than $10,000 or
imprisoned not more than one year, or both. As used in this section,
the term "speculate" shall not include a legitimate hedging transaction,
or &purchase or sale which is accompanied by actual delivery of the
commodity."
e The Federal Reports Act
"Section L,.. (a) In the event that any information obtained in con
fidence by a Federal agency is released by that agency to another Federal
agency, all the provisions of law (including penalties) which relate to
the unlawful disclosure of any such information shall apply to the officers
and employees of the agency to?.which such information is released to the
same extent and in the same manner as such provisions apply to the officers
and employees of the agency which originally obtained such information;
and the officers and employees of the agency to which the information is
released shall in addition be subject to the same provisions of law (in-
cluding penalties) relating to the unlawful disclosure of such information
as if the information had been collected directly by such agency.
"(b) Information obtained by a Federql agency from any person or
persons ma , pursuant to this Act, be released to any other Federal agency
only if (1) the information shall be released in the form of statistical
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totals or summaries; or (2) the information as supplied by persons to a
Federal agency shall not, at the time of collection, have been declared
by that agency or by any superior authority to be confidential; or (3)
the persons supplying the information shall consent to the release of it
to a second agency by the agency to which the information was originally
supplied; or (4) the Federal agency to which Another Federal agency 'shall
release the information has authority to'collect the information itself
and such authority is supported. by legal provision for criminal penalties
against persons failing to supply such information."
"Section 7. As used in this Act -
"(c) The term "information" means facts obtained or solicited by
the use of written report forms, application forms, schedules, ques-
tionaires, or other similar methods calling either (1) for answers to
identical questions from ten or more persons other than agencies, instru-
mentalities, or employees of the United States or (2) for answers to
questions from agencies, instrumentalities, or employees of the United
States which are to be used for statistical compilations of general
public interest."
Administrative. Procedure"Act *
ADMINISTRATIVE PROCEDURE ACT
"section 3. Except to the extent that there is involved (1) any
function of the United States requiring secrecy in the public interest
or (2) any matter relating solely to the internal management of an agency-
"() RULES. -- Every agency shall separately state and currently
publish in the Federal Register.(1) descriptions of its central and
field organizati n including delegations by the agency of final autho-
rity and the est&blished places at which, and methods whereby, the
public may secure information or make submittals or requests; (2) state-
ments of the general course and method py which its functions are chan-
neled and determined, including the nature and requirements of all formal
or informal procedures available as well as forms and instructions as to
the scope and contents of all papers, reports, or examinations; and (3)
.substantive rules adopted as authorized by law and statements of general
policy or interpretations formulated and adopted by the agency for the
guidance of the public, but not rules addressed to and served upon named
persons in adcordanoe with law. No person shall. in any manner be required
to resort to organization or procedure not so published.
"(b) OPINIONS AND ORDERS. -- Every agency shall publish or, in
accordance with published rule, make available to public inspection all
final opinions or orders in the adjudication of cases (except those re-
quired for good cause to be held confidential and not cited as precidents)
and all rules.
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"(c) PUBLIC RECORDS. -- Save as otherwise required by statute,
matters of official record shall in accordance with published rule be
made available to persons properly and directly concerned except infor-
mation held confidential for good cause found.t!
* Bureau of the Budget Bulletin 51-14 *
"This Bulletin deals with the plans of all Federal agencies'with ,
respect to the availability of indispensable records for emergency use.
These plans for the protection of indispensable records were enumeratedt
in a memorandum from the Administrator of General Services Administration
to the heads of Federal Agencies dated October 31, 1950. This memorandum
transmitted an Outline of Minimum Standards for an Agency's Documentary
Protection Program, and identified indispensable documents as follows:
"1. Identification of Indispensable Documents
"(a) Standards for the determination of indispensable documen-
tary materials cannot be established categorically. Records selected for
protection must be of such character that their loss would seriously imperil
the performance of functions espential to the maintenance of the U.S. Govern-
ment under emergency conditions.
"(b) Priorities as to indispensability are suggested as follows:
"(1) Records vital to the military effort of the nation the operations of the Armed Forces.
"(2) Records vital to the mobilization and protection of
the material and manpower resources of the nation.
"(3) Records vital to the maintenance of public health,
safety, and order.
"(4) Records vital to the protection of the rights of indi-
vidual citizens."
Implimenting 51-14 in the Central Intelligence Agency - see exhibit 1
for the details of this activity.
* G.S.A. Regulations *
A copy of these regulations is attached as exhibit 2.
* C.I.A. Records Program *
See exhibit 3 for the details of this program.
Approved For Release 2002106/10 i,~bIA-ROP72-0Q45 QQ0100130006-2