AUTHORITY FOR DISPOSAL OF RECORDS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00895R000100060003-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 12, 2016
• Document Release Date: March 28, 2002
• Sequence Number: 3
• Publication Date: October 24, 1973
• Content Type: MF

Approved F?elease 2002/05/29 CIA-RDP86-008000100060003-5
OGC
25X1
MEMORANDUM FOR. Special Assistant for Information Control
1. You have requested our views as to the authority of this
Agency to dispose of records without the approval of the Archivist
of the United States.
2. Chapter 33 of Title 44 of the U. S. Code provides that
records shall be disposed of under the authority of the Administrator
of General Services and in accordance with regulations prescribed
by him. (Additionally, under 44 U : S. C. 3309, records pertaining
to claims may not be disposed of until the claims have been settled
by the General Accounting Office "except upon the written approval
of the Comptroller General of.the United States.") Under these
provisions, heads of agencies are to submit to the Administrator
lists of records, together with schedules proposing their disposal,
which the Administrator approves, disapproves, or modifies.
Section 3314 of Title 44 provides that the procedures prescribed by
Chapter 33 "are exclusive, and records of the United States '- -
Government may not be alienated or destroyed except under this
chapter. "1/
!1 These provisions of Title 44 derive from a 1943, statute which
was applicable to CIA when it came into exdstence in 1947.
Approved For Release 2002/05/29 : CIA-RDP8'6-00895R000100060003-5
 OGC 25X1 Approver Release 2002/05/29: CIA-RDP86-d*5R000100060003-5
5. To the extent that this memorandum may be inconsistent
~~ith our
e
d
f
m
moran
um o
2 October 1950 to the Chief,
Disposal 01 Records," .the latter is
See also Comptroller General decision B-162167, November 2,.-
1967, and related dociuments, which record the Comptroller General's
approval of a proposed CIA records disposal program, pursuant to
what is now 44 U. S. C. 3309. This decision was the culmination
of a protracted negotiation with the Comptroller General in which the
Agency and the' Comptroller General proceeded on the assumption
that section 3309 was binding.
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'1 - OGC Subj; RECORDS
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Approved For Release 2002/05/29 : CIA-RDP86-008958000100060003-5