CIA RECORDS DESTRUCTION POLICY

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP86-00895R000100010007-6
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
3
Document Creation Date: 
December 12, 2016
Document Release Date: 
June 4, 2002
Sequence Number: 
7
Case Number: 
Publication Date: 
April 26, 1979
Content Type: 
REGULATION
File: 
AttachmentSize
PDF icon CIA-RDP86-00895R000100010007-6.pdf147.22 KB
Body: 
Approved F M ~2~r2 8I~i 1 895R000100 0 RECORDS AND CORRESPONDENCE CIA RECORDS DESTRUCTION POLICY 0 STATINTL Reference: 0 This notice, essentially restating the policy established in SOINTL HNI which expired 1 April 1979, informs CIA employees of the requirements that must be met before Agency records may be destroyed. Records destruction policy is outlined in this paragraph, and the pro- cedures are set forth in paragraph 2. a. The United States Code, Title 44, Chapter 33, Disposal oo f Records, defines records as including "all books, papers3 photographs, machine readable materials, or other documentary 0 materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that Agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them." (44 U.S.C. 3301)1 b. Federal records may not be destroyed without prior authorization by the Archivist of the United States. The Archivist authorizes destruction by signing Standard Form 115, Request for Records Disposition Authority, which identifies series of related records and specifies the time for their destruction. Within the Agency, CIA Form 139, Records Control Schedule, which includes additional detail, is used to implement the dispositions approved on SF 115. Copies of SF 115 and Form 139 are provided to the Senate Select Committee on Intelligence at least 60 days prior to their implementation. 0 1 record Matters teas Copies Include such Agency; records defined filed ci elsewhere that deal "Records" include documents, whether in a1, $Off 11 l record files above and are not merely duplicates of official rec in things as appointment calendars, diaries, and notes if they deal with record matters as defined above. Approved For Release 2002/08/15 : CIA-RDP86-00895R000100010007-6 STATINTL Approved For Release 2002/08/15 : CIA-RDP86ROQ999RObOD000ROD8V9UDENCE 26 April 1979 c. Other considerations are of equal importance in deciding whether to destroy CIA records. These considerations include legislation such. as the Freedom of Information Act and the Privacy Act, litigation such as Federal antitrust suits and personal lawsuits, and matters under investigation by the Department of Justice or Congress. Although records subject to legal or investigative requirements are identified when a requirement arises, it is necessary to ensure that they are not inadvertently destroyed. Therefore, before destroying any Agency records, whether on paper, magnetic tape, film, or other recording media, it must be determined that there are no actual or impending legal or investigative requirements for the records. 2. The Agency. Records Management Officer (Chief, Information Systems Analysis Staff, DDA), in coordination with other Agency officials, is responsible for ensuring that CIA records are properly maintained and destroyed in accordance with the above requirements. To ensure compliance, the following steps must be taken: a. Before destroying any records, each employee must consult the component Records Management Officer (RMO) and the custodian of the records to verify that the records are scheduled for immediate destruction on an approved Form 139, Records Control Schedule. If the records are not scheduled for immediate destruction, they may not be destroyed unless the Agency RMO obtains approval to amend the records control schedule by submitting an SF 115, Request for Records Disposition Authority, to the Archivist of the United States. b. Records relating to pending Freedom of Information Act or Privacy Act requests to the Agency are subject to additional retention periods established by the Archivist and included in the records control schedules. Normally, requested records are duplicated in their entirety at the time of a request, and the duplicate copies are maintained in accordance with the retention period for the related request. However, if such duplication is not practical, the records are instead flagged at the time of the request, using Form 4016, Information Request Flag, and must be segregated later from the records series at the time the records series is being processed for destruction. Alternatively, all records in process for destruction may be checked against an automated index of FOIA/PA requirements. c. It also must be determined that records being. processed for destruction are not related to actual or impending litigation or to matters under investigation by the Department of Justice or Congress. The initial determination will be made by the component RMO and the custodian based on their review-of the records and on information provided by the General Counsel to the component RMO through the Agency and directorate RMO's. If the initial.review raises any question as to actual or impending legal or investigative requirements for the records, ? ? ? ? ? ? ? Approved For Release 2002/Q8/15 : CIA-RDP86-00895R000100010007-6 RECORDS Ap c RWE J se 2002/08/15 : CIA-RDP86-00895R000100010007-6 26 April 1979 authority to destroy them must be obtained by routing Form 141c, Request for Authorization to Retain or Destroy Questionable Records, through the custodian and the component and directorate RMO's to the Records Administration Branch, ISAS. The Agency RPM will obtain the concurrence of the General Counsel prior to approving the actual destruction of the records. (If approval is denied, the Agency RMO must submit to the Archivist a request for authorization to retain the records longer than originally scheduled.) ? ? 0 0 ? 3. The following are excluded from the 44 U.S.C. 3301 definition of "records" and may be destroyed when no longer needed: library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents. 4. Questions on implementing this policy should be directed to the component Records Management Officer. DON I. WORTMAN Deputy Director for Administration DISTRIBUTION: ALL EMPLOYEES (1-6) 2 "Nonrecords ".include: "Reading file" or " chrono" copies of correspondence that are duplicates of the record copies filed in subject or project files. "Tickler ", "follow-up ", or "suspense " copies of correspondence. Identical duplicate copies of documents maintained in the some file. Extra copies of printed or processed materials, official copies of which have been retained for record purposes. Library reference collections of documents produced by other agencies, where the originating agency is responsible for maintaining the record copy. Superseded manuals and other directives, maintained outside the office responsible for retaining the record set. Routing slips and transmittal sheets without written comment of record value. Drafts and stenographic materials which have been transcribed; reproduction materials such as stencils, hectograph masters, and offset plates. Blank forms. Catalogues, trade journals, and similar externally produced publications which require no action and are not part of a case upon which action is taken. Desk calendars and notes which do not deal with record matters as defined in paragraph Is above. STATI Approved For Release 2002/08/15 : CIA-RDP86-00895R000100010007-6