DESTRUCTION OF CLANDESTINE SERVICES CORRESPONDENCE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP73-00402R000100040002-8
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 4
• Document Creation Date: December 19, 2016
• Document Release Date: December 15, 2006
• Sequence Number: 2
• Publication Date: October 14, 1959
• Content Type: MF

Approved For Release-2006/12/15 ; CIA-RDP73-00402ROQ01QQ040002-8
14 October 1959
I . ~ u, ,r, FOR: Assistant 3Cecxvi se Officer, DD/g
==T: Destruction of Clandestine S b'vices Correspondence
disposition Is 'not inconsisterYt wr.Gh ICUIP 54eios
Disposal Act, i` cecutive. O rder .10501 or limitations relating to
l . We have received. yot s ;:.oral dvi of 7 August 1959 on the
above subject in which you ask car opinion on the legal definition
of t he term. ttrecords" as used in laws Governing the maintenance
disposal of Government doct ier is and request our guidance in the
matter c practical ristration in this field., in comglian.ce with
a: lcab1e laws, with respect to operational field cora:espOndence.
~r to would like to say at the outset that we are in general
ac=rd with the interpretation of basic legal principles which is
e rressed in your aa:brrission. This problem is largely a practical
co r and
ence In a~manner itself to the
with broadhstaatutory objective
cz3_r sp
3. The basic legal situation in the area of r'ederal records
:: ~ f;C~nent is well set forth in a recent Cabinet Paper (CP 59?58/+,
& :cec. 27 July 1959) on the removal. of papers of a "personal-official".
rwwth e by retiring executives, a problem only indirectly .related
to the one at hand. We think it appropriate to provide excepts'
fra the paper at this point:
"Government ovrnea documentary material which does not fall
within the definition of records may be disposed of under R.B. rJ161
(5, U.S.C. 22) which provides in part:
The head of each deparment is authorized to prescribe
regulations, not inconsistent with law,, for.
and the
use., and preservation of the records, papers
appertaining, to it.'
"This statute, apparently enacted under the authority of
the Congress to make rules and regulations respecting the 'property.
of the United. Staten' (Constitution, Art. I.Sec. 3, C1.2), seems
to confer adequate authority upon department heads to. dispose of
records and pagers a pei ainifg to a department so long as such
the Records
 Approved For Release 2006/12115: CIA-RDP73-00402R00 100040002-8
U.
ccnfideltial Info .tion. Accoe,-in3 v, if material does not
fall Trithan the definition of ?recowdsl contained in the Records
D i z - oza1 Act, as, for exa l e, extra carbons or photostats of
a d is not cla,ssia ed or confidential removal may
be c.uthorlZed wider der R.O. 0161. P: tho. , the statute covers
cniy the nine executive depwt-mnents enumerated in 5 U.S.C. 1,
the courts have tended to ;: ead parallel powers into the statutes
gcver rin the in epenwent a-radios .
"mow definition of VrecordsS .contained in the Records
Saw-oosal Act (44 u.S.C. 366) includes:
9. . all books, papers, maps,, photographs, or other
docaenuary materials., regardless of physical form or
charactdrist .ca, made or received by any agency of . the
United Stec s Government in pursuance of Federal law or in
connection with the transaction of public business, and pre-
served or appropriate for preservation by that agency
or its .~git~.te successor as evidence of the organi :trion,
function , policies, decisions, procedures, operations,
or other activities of the Gosur `ant or because of the
info:'? ational value of data contain d therein. Library
and n e= material m-ade or acquired and preserved solely
for reference or exhibition purposes, extra copies of
documents preserved only for convenience of reference, ate.
. wtoeks of publications and of pr'ocessed documents are not
included within the definition of the word "records" as
u ed in sections 366376 and 378-380 of this title.'
" nct: t cax?bon. copies and photostats are not records under
4v4'-a2~. 's definition. Further, the definition confers some-discretion
?
.
oa agency heads to deter'n-iae whether material cares under it, and.
.the legislative history of the act indicates that some discretion
w in fact intended. The definition requires that tio conditions
m~ w t be met. First, it must, be ?made or received by any agency or
its legitimate successor as evdence of the organization,, functions,
? activities
th
e
policies, decisions, ps ode =?es, operations, or o
of the CCcvernmont or because of the informational value of data
contained. therein. ? Obviously cases m;y exist in which it is
fi le to de to mine whether a' y p icular document should
d
be treated as a 4recordv in the light o these re u~.rc nexxts.
Guidance as to the per in which discretion .s Intended
by the ea-0ha,sis placed ??n the Federal
ed
l
is su
d
i
.
pp
.
se
:; r be exerc
i Records Act 4 U.S.C. 392, see.) upon the mad-ng and preservation
-
d ions and
s
the purpose of docwne n*..n 8QA_-LCies ec~.
or records
 Approved For Release 2006/12/15: I - - -
ece ential transactions. of w cnciec and in order to protect the
legal and financial rights of both the Government and persons
affected. by agency activi'ti].es o X erial necessary for such
purposes is to be treated as c record ? and not be removed.
11 "
. . . The discretion co'm'e=red upon. department and agency
heads with respect to the classification of materials as records
must place primary etrphas s u1?on the importance of maintaining
in the ha as of the Government docum ntation of Government activity.
Hozvev r, if this purpose is effectuated., leeway remains for the
tw cues of papers as.'
. non-record and... therefore, subject to
bo i ng removed under R