CIA RECORDS DESTRUCTION POLICY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00895R000100010032-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 14, 2016
• Document Release Date: September 19, 2002
• Sequence Number: 32
• Publication Date: April 26, 1979
• Content Type: REGULATION

Approved cIA'8fi9gW
CIA RECORDS DESTRUCTION POLICY
STATINTL Reference:
STATINTL
0
26 April 1979
This notice, essentially restating the policy established in
I Iwhich 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 of
Records, defines "records" as including "all books, papers, maps,
photographs, machine readable materials, or other documentary
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.
I "Records" include documents, whether in 'soft' file., or "official" files, that deal with record matters as defined
above and are not nierely duplicates of official record , ri.ies filed elsewhere in the Agency; records also include such
things mm oppointrnont calendars, diaries, and nntv.r if (h. V Joni with record matters as defined above.
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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. Howeve-r-, 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 I\wncy and directorate RMO's.
If the initial review raises an,,, question as to actual or
impending 1 eq i1 or i nves Li cliai vc requirements for the records,
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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 RMO
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.)
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
r
DISTRIBUTION: ALL EMPLOYEES (1-6)
"Non-records 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 maintztining 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 in above.
STATI
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OC.C 79--03363
12 April- 1979-
MEMORANDUM FOR: Chief, Regulations Control Branch.
Information. Systems Analysis Staff
STATINTAROM
Assistan Genera Counsel.
STATINMBJECT : Proposed CIA_ Records
Destruction Policy
I see no legal problem with the content of this proposed
notice. I would suggest for clarity's-sake,.however, that-
- some reference --be,: made-- in the- headincr area= or . th-o first
paragraph to the fact that this notice essentially restates
and carries forward the policy established in HN Owhich
has now expired.
STATI NT1c
I Records.
.Approved For Release 2002/10/21 CIA-RDP86-00895R00010001003.2-8.
STATI
STATI