STATUTES APPLICABLE TO THE MANAGEMENT AND PROTECTION OF FEDERAL RECORDS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-00433A000100160004-1
• Release Decision: RIFPUB
• Original Classification: S
• Document Page Count: 12
• Document Creation Date: December 12, 2016
• Document Release Date: October 5, 2001
• Sequence Number: 4
• Publication Date: March 1, 1952
• Content Type: REPORT

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SECRET,
!ecurlty InformMtk
STATUTES APPLICABLE
TO THE
MANAGEMENT AND PROTECTION
FEDERAL RECORDS
. Pre''ed by:
Records Management and Distribution Branch
Administrative.Service Office
Central Intelligence Agency
March, 1952,
SECRET
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Records created or received by the Central Intelligence Agency
in Pursuance of the National Security Act of 1947 (Public Law 253 -
80th congress) as amended by the Central Intelligence Agency Act
of 1949 (Public Law 110 - 81st Congress),, or in connection with the
transaction of public business, are the property of the United States
Government. In determining the degree of propriety, as well as the
creation, maintenance, protection, preservation and disposal of these
records, the following references shall be considered:
1. The National Security Act of 1947 as amended by the Central
Intelligence Agency Act of 1949.
2. The Federal Property and Administrative Services Act of 1949
(Public Law 152- 81st Congress)
3. The Federal Records Act of 1950 (Title 5, Public Law 754)
4. U.S..Code
5. Federal Reports Act (Public Law 831)
6.
7.
8.
9.
10.
Administrative Procedure .Act (Public Law 404)
The Records Disposal Act, Approved July 7, 1943 (57 Stat.
380, 44 USC 366;j, as amended July 6, 1945 (59 Stat. 434)
Bureau of the Budget Bulletin 51-14, dated May 22,. 1951
a. As implemented by the Central Intelligence Agency.
General Services Administration Regulations
Records Program in the Central Intelligence Agency
*'The National Security Act of 1947 as amended by the
Central Intelligence Agency Act of 1949
"See. 7. In the interests of the security of the foreign intel-
ligence activities of the United States and in order further to imple-
ment-the proviso of section 102 (d) (3) of the National Security Act
of 1947 (Public Law 253.q Eightieth Congress, first session) that the
Director of Central Intelligence shall be responsible for protecting
intelligence sources and methods from unauthorized disclosure, the
Agency shall be exempted from the provisions of sections 1 and 2,
chapter 795.of the Act of August 28, 1935 (49 Stat. 956, 957; 5.'U.S.C.
654), and the provisions of any other law which require the publica-
tion or disclosure of the organization, functions, names, official
titles, salaries, or numbers of personnel employed by the Agency:
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Provided, That in furtherance of this section, the Director of the
Bureau of the Budget shall make no reports. to the Congress in con-
nection with the Agency under section 607, title VI2 chapter 212 of
the Act of June 30, 1945, as amended (5 U.r..C. 947 (b) )."
The Federal Property and Administrative Services Act of
1949 *
This law transferred the National Archives establishment and.
its function to the General Services Administration. In addition,:
the Administrator of G.S.A. was authorized to survey Federal records
to determine the efficiency of operations and for other reasons.
"Sec. 104. (a) The National Archives Establishment and its func-
tions, records, property, personnel, obligations, and commitments are
hereby transferred to the General Services Administration. There are
transferred to the Administrator (1) the functions of the Archivist of
the United States, except that the Archivist shall continue to be a
member or chairman, as the case may be of the bodies referred to in
subsection (b) of this section, and (23 the functions of the Director
of the Division of the Federal Register of the National Archives
Establishment. The Archivist of the United States shall hereafter be
appointed by the Administrator.
ON There are also transferred to the General Services Adminis-
tration the following bodies, together with their respective functions
and such funds as are derived from Federal sources: (1) The National
Archives Council and the National Historical Publications Commission,
established by the Act of June 19, 1934 (48 Stat.. 1122), (2) the
National Archives Trust Fund Board, established by the Act of July
9, 1941 (55 Stat. 581), (3) the Board of Trustees of the Franklin D.
Roosevelt Library, established by the Joint Resolution of July 18,
1939 (53 Scat. 1062). and (4) the Administrative Committee established
by section 6 of the Act of July 26, 1935 (49 Stat. 501), which shall
hereafter be known as the Administrative Committee of the Federal
Register. The authority of the Administrator under section 106 hereof
shall not extend to the bodies or functions affected by this subsection.
"(c) The Administrator is authorized (1) to make surveys of Gov-
ernment records and records management and disposal practices and ob-
tain reports thereon from Federal agencies; (2) to promote, in coopera-
tion with the executive agencies, improved records management practices
and controls in such agencies, including the central storage or dis-
position of records not needed by such agencies for their current use;
and (3) to report to the Congress and the Director of the Bureau of.
the Budget from time to time the results of such activities."
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-RESPONSIBILITY FOR THE MANAonaw OF RECORDS-
The Federal Records Act.of 1950
Under the Federal Records Law specifics responsibility-for the
Management of records is vested in the Administrator. of the General
Services Administration and the.Head.of each Federal Agency.
RESPONSIBILITY CP ADMINISTRATOR OF G. S.A. -
"Sec. 505. (a) The Administrator shall make provisions. for the
economical and efficient management of records of Federal agencies
(1) by analyzing, developing, promoting,and coordinating standards,
procedures, and techniques designed to improve the management of
records, to insure the maintenance and security of records deemed
appropriate for preservation, and to facilitate the segregation and
disposal of records of temporary value' and (2) by promoting the
efficient and economical utilization of. space, equipment, and supplies
needed for the. purpose of creating maintaining, storing,,'and servicing
records.
"(b) The Administrator, shall establish standards for the selective
retention of .records of continuing value, and assist Federal agencies in
applying-such standards to records in their custody; aid he shall notify
the head of any Federal agency of any actual, impending, or threatened
unlawful removal, defacing, alteration, or destruction of records in
the custody of such agency that shall come to his attention, and assist
the head of such agency in initiating action through the Attorney General
for the recovery of such records as shall have been unlawfully removed.
and for such other redress as may be provided by law.
"(a) The Administrator is authorized to inspect or survey person-
lolly or by deputy.the records of any Federal agency, as-well as to make
surveys of records management and records disposal praotiues in such
agencies$ and shall be given the full cooperation of officials and emr(.
plcyees of agencies in such inspections and surveys; Provided, That.re-
cords, the use of which is restricted by or pursuant to law or for rea-
'eons of national security or the public interest, shall be inspected or
surveyed in accordance with regulations promulgated by the. Administrator,
iubjeat.to the approval of the head of the custodial agency.
"(d) The Administrator is authorized to establish, maintain, and
operate , records centers for the storage, processing,, and servicing of
records for Federal agencies pending their deposit with the. National
Archives of the United States or their. disposition in any other'manner
authorized by, law; and to establish, maintain, and operate centralized
microfilming services,for.Federal agencies.
"(e) "Subject to applicable provisions of law, the Administrator
shall promulgate regulations governing the transfer of records from
the custody of one executive agency to that of another.
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"(f) The Administrator may empower any Federal agency, upon
the submission of evidence of need therefor, to retain records for a
longer period than that specified in disposal schedules approved by
Congress, and, in accordance with regulations promulgated by him, may
withdraw disposal authorizations covering records listed in disposal
schedules approved by Congress:" 0
"Sec. 507 (a) The Administrator, whenever it appears to him to
be in the public interest, is hereby authorized -
"(i)'to accept for deposit with the National Archives of the
United States the records of any Federal agnncy or of the Con-
gress of the United States that are determihed by the Archivist
to have sufficient historical or other value to warrant their
continued preservation by the United States Government;.
"(2) to direct and effect, with the approval of-the'head of the
originating agency (or if the existence of such agency shall have
been terminated, then with the approval of his successor in func-
tion, if any), the transfer of records deposited (or' approved for
deposit) with the National Archives of the United States to public
or educational institutions or associations-,, Provided, That the.
title to such records shall remain vested in. the United States un-
less otherwise authorized by Congress; and
11(3) to direct and effect the transfer: of materials from private
sources authorized to be received by the Administrator by the pro-
visions of.subsection (e) of this section.
"(b) The Administrator shall be responsible for the custody, uses
,and withdrawal of records transferred to him: Provided, That whenever,
any records the use of which is subject to statutory limitations and
restrictions are so transferred, permissive and restrictive statutory
provisions with respect to the examination and use of such records appli-
cable to the, head of the agency from which the records were transferred
or to employees of that agency shall thereafter likewise be applicable to
the Administrator, the Archivist, and to-the employees of the General Ser-
vices Administration, respectively: Provided further, That whenever the head
of ahy agency shall specify in writing restrictions that appear to him to
be. necessary or desirable in the public interest,. on the use or examination
of records being considered for transfer from hie custody to_the Administra-
tor, the Administrator shall impose such restrictions on the records so trans-
ferred, and shall not remove or relax such.restrictions without the concur-
rence in writing of the head of the agency from which the material shall
have been transferred. (or if the existence of such agency shall have been
terminated, then he shall not remove or relax such restrictions without
the-concurrence of the successor in function, if any, of such agency head):
Provided, however, That statutory and other restrictions ref erred to in
the provisos of this subsection shall not remain in force or effect after
the record's have been in existence for fifty.years unless the Administrator
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by order shall determine with respect to s?A~Cific bodies of records
that such restrictions shall remain in for i and effect for a longer
period: And provided further, That restrici ,ons on the use or exami-
nation of records deposited with the Natica,,gol Archives of the United
States heretofore imposed and now in force and effect under the terms
of section 3 of the National Archives Act approved June 19, 1934,
shall continue in.force and effect regardless of the expiration of the
tenure of office of the official who imposed them but may be removed
or relaxed by the Administrator with the concurrence In writing of the
head of the agency from which material has been transferred (or if the
existence of such agency shall have been terminated, then with the con-
currence In writing of his successor in function, If any). "
'Sec. 508 (a) The Administrator is hereby authorized, whenever
he deems it necessary, to obtain reports from Federal agencies on their
activities under the provisions of this title and the Act approved July
7, 192+3 (57 $tat. 380-383), as amended July 6, 194.5 (59 Stat. 434).
"(b) The Administrator shall, whenever he finds that any provi-
sions of. this title have been or are being violated, inform in writing
the head of the agency concerned of such violations and make recommen-
dations regarding means of correcting them. Unless corrective measures
satisfactory,to the Administrator are inaugurated within a reasonable
time, the Administrator shall submit a written report thereon to the
President and the Congress."
-RESPONSIBILITY OF AGENCY HEA.US-
t"Sec. 506. (a) The head of each Federal agency shall cause to be
made and preserved records containing adequate and proper documentation
of the organization, functions, policies, decisions, procedures, and
essential transactions of the agency and designed to furnish the infor-
mation necessary to protect the legal and financial rights of the Govern-
ment and of persons directly affected by the agency's activities.
""(b) The head of each Federal agency shall establish and maintain
an active continuing program for the economical and efficient manage-
ment of the records of the-agency. Such program shall, among other
things, provide for (1) effective controls over the creation, mainte-
nance, and use of records in the conduct of current business; (2)
cooperation with the Administrator in applying standards, procedures,
and techniques designed to improve the management of records, promote
the maintenance and security of records deemed appropriate for preser-
vation, and facilitate the segregation and disposal of records of tem-
porary value;.and (3) compliance with the provisions of this title and
the regulations issued thereunder.
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""(c) Whenever the head of a Federal agency determines that sub-
stantial economies or increased operating efficiency can be effected
thereby, he shall provide for the storagery processing, and servicing
of records that are appropriate therefcta, :J.n, a records center main-
tained and operated by the Administraa;(:;!r' or.. when approved by the
Administrator, in such a center mainti;~ji.,ed and operated by the head
of such Federal agency,
11(d) Any official of the Goverzmileint who is authorized to certify
to facts on the basis of records in lieu custody, is hereby authorized
to certify to facts on the basin of reicords that have been transferred
by him or his predecessors to the A., Aistrator.
'(e) The head of each Federal. agency shall establish such safe-'
guards against the removal or loss of records as he shall determine to
be necessary and as may be required by regulations of the Administra-
tor. Such safeguards shall include making it known to all officials
and employees of the agency (1) that no records in the custody of the
agency are to be alienated or destroyed except in accordance with the
provisions of the Act approved July 7, 1943 (57 Scat, 380 - 383), as
amended July 6, 1945 (59 Stat: 434), and (2) the penalties provided by
law for the unlawful removal . or destruction of records.
11(f) The head of each Federal agency shall notify'the Administra-
,tor of any. 'actual., impending, or threatened unlawful removal, defacing,
alteration, or destruction of records in the custody of the agency of
which he is the head that shall come to his attention, and with the'
assistance of the Administrator shall initiate action through the Attor-
ney General for the recovery of records he knows or has reason to be-
lieve have been unlawfully removed from his agency, or from any other
Federal agency whose records have been transferred to his legal custody.
e(g) Nothing i this title shall be construed as limiting the au-
thority of the Comptroller General of the United States with respect to
prescribing accounting systems, forms, and procedures, or lessening the
responsibility of collecting and disbursing officers for rendition of
their accounts for settlement by the General Accounting Office."
The U. So Code
The U.S. Code quotes certain basic regulations and penalties with
respect to the maintenance and protection of records in all Federal
agencies. Title 5, Section 22 states:
"See. 22. Departmental regulations. The head of each. department
is authorized to prescribe regulations, not inconsistent with law, for
the government of his department' the conduct of its-officers and clerks,
the distribution and performance of its business, and the custody, use,
and preservation of the records, papers, and property appertaining to it,,
(R.S. Sec. 161).11
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Pertinent decisions based on this Section are as follows:
"Implied power of head of department. - The head.of a government
department does not have to show statutory authority for everything he
.does, reasonable latitude in the exercise of discretion being implied.
(1924)34 OP. Atty. Gen. 320."
"Power considered administrative. - the power conferred by this
section is administrative and not legislative. U.S. v. George (Neb.
1913) 228 U.S. 14, 33 S. Ct. 412, 57 L. Ed. 712,01
"Implied legislative ratification. -When Congress permits the
orders of an executive department to be formulated as regial.ations, and
published, and carried into effect, the legislative ratification must.
be implied. Maddox v. U.S. (1885) 20 Ct. Cl. 193, 197."
"Effect as to third persons. - No authority is created by this
section which enables the heads of departments to make rules for the
conduct of persons not connected with the departments, but such regula-
tions,`when made, are exclusively for the government of the department,
and the conduct of its officers, and the preservation of the papers and
property belonging to the department. (1883) 17 Op. Atty.'Gen. 524."
*Adoption of regulations; usage. - Usages have been established
in every part. of the government, which have become a kind of common law,
and regulate the rights.and duties of those who act within their respec-
tive limits. U.S. v. Macdaniel (Dist. Cal. 1833) 7 Pet 1, 14, 8 L. Ed.
587. See Benson v. Henkel (N.Y. 1905) 25 S. Ct. 569, 571, 198 U.S. 1,
49 L. Ed. 919.
"The regulations mentioned in this section need not be promulgated
in any set form, nor in writing, but may consist of established usages,
sand practices which have become a kind of common law of the department.
Haze v. Henkel (N.Y. 1910) 216 U.S. 462, 30 S. Ct. 249, 54 L. Ed. 569.
See also International Py Co.. v. Davidson (C.C.A..N.Y. 1921) 273 F.
153, affirming '(D.C. 1920 271 F. 313, and reversed on.other grounds
(1922) 42'S. Ct. 179, 257 U.S.. 506, 66 L. Ed. 341.
"The requirement by the department under whose authority an officer,
is acting, such as will make his action official, need not be prescribed
by' written rule or regulation. It may also be found in an established
usage which constitutes the common law of the department, and fixes the
duties of those engaged in its activities. In numerous instances, duties
not completley defined by written rules are clearly established by settled
practice. U. S. v. Birdsall (Iowa,' 1914) 34 S. Ct. 512, 514, 233 U.S. 223,
53 L. Ed. 930.'
"The archives of a. department are not in the possession of the head
of the department or chief of a bureau, but in the possession of the United
States, and papers cannot be. taken therefrom, by replevin against such
officer, on a.claim of them an private property. (1853) 6 Op. Atty. Gen. 7."'
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