COMMENTS ON OGC'S REACTION TO (Sanitized)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00895R000100010059-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 12, 2016
• Document Release Date: June 4, 2002
• Sequence Number: 59
• Publication Date: December 20, 1976
• Content Type: MF

Approved For Release 2002/08/15 : CIA-RDP86-00895R000100010059-9
STAT TO
STAT FROM
Chief, ISAS
Chief, RAB
SUBJECT: Comments on OGC's reaction to
In going over the difficulties and suggestions concerning
STAT as presented by OGC, the following
comments are offered referencing eac item in his memo:
la. This is a true assumption, for all practical
purposes the moratorium is still in effect since we
cannot destroy any records until they are approved by
OGC even though we may have the approval of the Archivist
and the Congressional Committees.
lb. The mention of criminal sanctions provide
incentive for taking the policy seriously. Perhaps
the "tone" suffers, but shouldn't all employees be
made aware of the consequences of disregarding the
policy? We of course do not presume that Agency
employees will engage in the unauthorized destruction
of records.
lc. Pursuant to 44 USC 3314, records of the
US Government may not be alienated or destroyed except
under Title 44 USC 33. Title 44 USC 3302 requires that
the Administrator of General Services shall promulgate
regulations establishing procedures for the compiling
and submitting to him of lists and schedules of records
proposed for disposal. Title 44 USC 3303 requires
that under these regulations the head of each agency
shall submit the lists and schedules to the Administrator.
The regulations promulgated pursuant to 44 USC 33 include
FPMR 101-11.4 (41 CFR 101-11.4). FPMR 101-11.406
establishes the procedures for submitting lists and
schedules of records proposed for disposal. The
procedure require submission of SF 115 to NARS for
approval by the Archivist of the United States.
Approved For Release 2002/08/15 : CIA-RDP86-00895R000100010059-9
 Approved For Release 2002/08/15 : CIA-RDP86-00895R000100010059-9
Incidentally, the General Records Schedules of FPMR
101-11.404 are also approved by the Archivist of. the
United States on SF 115. The only material not covered
by NARS General Records Schedules oil Agency schedules
or lists are "non-records" per 44 USC 3301. Perhaps
OGC can clarify if the foregoing is "by law" or "by
regulation".
Approved For Release 2002/08/15 : CIA-RDP86-00895R000100010059-9