DESTRUCTION OF AGENCY RECORDS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00895R000100060004-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 12, 2016
• Document Release Date: March 28, 2002
• Sequence Number: 4
• Publication Date: June 19, 1973
• Content Type: MF

Approved Fo elease 2002/05/29 : CIA-RDP86-008000100060004-4
OGC 73-1107
19 June 197 3
MEMORANDUM FOR: Mr. Lansdale
SUBJECT : Destruction of Agency Records
REFERENCE : OGC Opini 73= 033, Subj: _A,utYro
Destr-udtiion of Recprds,~dtd 7 June
1. The purpose of this paper is to review the statutory
enactments regarding Federal records management and destruction
particularly with respect to the authorities of the Agency in order
to document in detail the legal basis for the referent opinion.
2. In 1943 the Congress enacted legislation (57 Stat. 380)
... to provide for the disposal of certain records of the United
States Government". The act (Section 1) defined records in very
broad terms and established the National Archives Council (MAC),
,which was to promulugate regulations for compiling and submitting
to the U.S. Archivist lists and schedules of records proposed for
disposal. In addition, the NAC was to establish procedures for the
disposal of records that had been authorized to be disposed of. "Such
regulations, when approved by the President /were to be / binding on
all agencies of the United States Government. " The act specified that
when an agency had determined that it had records with no adminis -
trative, legal, research or other value, it would provide a list of
such records to the Archivist. In turn, the Archivist, upon agreeing
with the agency, and pursuant to the regulations established by NAC,
would submit the list to the Congress for approval to dispose of the
records. Section 9 of the act required special treatment of financial
Approved For Release 2002/05/29 : CIA-RDP86-00895R000100060004-4
 Approver Release 2002/05/29: CIA-RDP86l95R000100060004-4
Records pertaining to claims or demands by
the Government of the United States or against it,
or to any accounts in which the Government of the
United States is concerned, either as a debtor or
creditor, shall not be disposed of by the head of
any agency... until such claims, demands, and
accounts have been settled and adjusted in the
General Accounting Office, except on the written
approval of the Comptroller General of the United
States.
The act was codified as part of the provisions of Title 44 of the
U. S. Code.(1964 edition). Accordingly, all U. S. agencies were
required to follow this procedure unless given an exemption after
7 July 1943. OGC"25X1
Approved For Release 2002/05/29 : CIA-RDP86-00895R000100060004-4
 25X1 Approved For Release 2002/05/29 : CIA-RDP86-00895R000100060004-4
Next 1 Page(s) In Document Exempt
Approved For Release 2002/05/29 : CIA-RDP86-00895R000100060004-4