AGENCY GENERAL COUNSEL OPINIONS 2 OCTOBER 1950 COMPLIANCE WITH PROVISIONS OF LAW PERTAINING TO FEDERAL RECORDS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP70-00211R000900030025-1
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 30
• Document Creation Date: December 19, 2016
• Document Release Date: March 31, 2006
• Sequence Number: 25
• Publication Date: October 2, 1950
• Content Type: REQ

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AGENCY GENERAL COUNSEL OPINION
2 OCTOBER 1950
COMPLIANCE WITH PROVISIONS OF LAW PERTAINING TO
FEDERAL RECORDS
"I. THE CENTRAL INTELLIGENCE AGENCY MUST COMPLY WITH
THE RECORDS DISPOSAL ACT, INSOFAR AS IT DOES NOT
CONFLICT WITH THE PROVISIONS OF PUBLIC LAW 253.
2. THE CENTRAL INTELLIGENCE AGENCY SHOULD COMPLY WITH
PUBLIC LAWS 152 AND 794 WHENEVER POSSIBLE, EVEN
.THOUGH EACH SPECIFICALLY EXEMPTS CIA FROM ITS PRO-
VISIONS. HOWEVER, IF SUCH COMPLIANCE WOULD RESULT
IN THE UNAUTHORIZED DISCLOSURE OF INTELLIGENCE
SOURCES AND METHODS, PUBLIC LAW 253 MUST BE
FOLLOWED.
3. THE CENTRAL INTELLIGENCE AGENCY SHOULD COMPLY WITH
EXECUTIVE ORDER 9781+ WHENEVER POSSIBLE, ALTHOUGH IT
DOES NOT REQUIRE DISCLOSURE OF CONFIDENTIAL INFOR-
MATION WHICH WOULD ENDANGER THE NATIONAL INTEREST OR
LIVES OF INDIVIDUALS. CONSEQUENTLY, NO RELIANCE
UPON PUBLIC LAW 253 SEEMS NECESSARY.
4. PUBLIC LAW 25~ PROVIDES THAT THE DIRECTOR OF CENTRAL
INTELLIGENCE SHALL BE RESPONSIBLE FOR PROTECTING
INTELLIGENCE SOURCES AND METHODS FROM UNAUTHORIZED
DISCLOSURE." IF THE DIRECTOR DEEMS COMPLIANCE WITH
ANY EXISTING LAW WILL RESULT IN SUCH DISCLOSURE, NO
COMPLIANCE IS NECESSARY.
EXHIBIT B
S-E-C-R-E-T
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MANAGEMENT STAFF
RECORDS MANAGEMENT DIVISION
September 1954
Directs an Agency-wide Records Management Program covering:
a. The creation of records.
b. Their maintenance, organization, and use in the conduct
. of current business.
c. The transfer, preservation or destruction of those
records not currently required or seldom used.
d. The selection and maintenance of vital materials.
e. Liaison with other government agencies.
of forms.
Assignment of form numbers.
Development, maintenance and distribu-
tion of the agency forms index.
Surveys and special studies of forms
and related procedures, and the
requirements of area programs.
REPORTS AND CORRESPONDENCE
MANAGEMENT BRANCH
The elimination and prevention of
unnecessary reporting.
Improved reporting.
Streamlining the preparation and
processing of correspondence.
Improving the quality of correspond-
ence.
a. Records inventorying and appraisals.
b. Records control schedules.
c. Records disposition including Congres-
sional authorizations.
d. Surveys of area programs.
e. Liaison with other Federal agencies on
the destruction, preservation, loan
and transfer of records.
a. Systems for the maintenance of active
records.
b. Microfilm operations.
C. Written communications.
d. Filing equipment and filing supplies.
e. Selection, deposit and maintenance of
vital materials.
f. Surveys and analyses of active records
systems and filing equipment.
Formulates the standards and procedures .
responsive to agency requirements for the
transfer and servicing of semi-active and
inactive records.
Stores and protects inactive records and
provides reference service.
Destroys records in accordance with approved
schedules.
Preserves records With permanent or long
retention value.
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REPORTS MANAGEMENT
WHAT IS REPORTS MANAGEMENT?
WHY IS IT NEEDED?
HOW IS IT ADMINISTERED AGENCY
WIDE?
HOW IS AN AREA PROGRAM
INSTALLED AND CONTINUED?
MANAGEMENT STAFF
RECORDS MANAGEMENT DIVISION
JULY 1954
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WHAT IS REPORTS MANAGEMENT?
IT IS A CONTINUING PROGRAM OF PLANNED REPORTS ANALYSIS DESIGNED TO...
? IMPROVE THE QUALITY OF REPORTS and
? ELIMINATE THOSE NOT NEEDED.
? ASSURE THAT REPORTS ARE PREPARED BY THE SIMPLEST
AND LEAST EXPENSIVE MEANS.
? FEWER REPORTS, BETTER REPORTS, AT LESS COST!
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LET'S FACE IT! AN AGENCY.WIDE NETWORK OF REPORTING SYSTEMS IS NEC.
ESSARY. OUR ORGANIZATION IS COMPLEX. OUR OPERATIONS ARE WORLD WIDE.
WE MUST DEPEND ON REPORTS FOR CONTROL OVER
THESE OPERATIONS.
BUT WITHIN SUCH A FRAMEWORK. SOME UNNECES-
SARY AND INADEQUATE REPORTING IS BOUND TO
EXIST. SEEKING OUT AND CORRECTING THIS CON-
DITION. AND PREVENTING ITS RECURRENCE, CALLS
FOR A COORDINATED AGENCY-WIDE PROGRAM OF
REPORTS ANALYSIS.
IT IS PROPOSED THAT THE AGENCY PROGRAM BE A DECENTRALIZED ONE. THAT
IS. IT WILL BE COMPOSED OF MANY AREA PROGRAMS ESTABLISHED AT LEVELS
WHERE MAXIMUM BENEFITS CAN BE'EXPECTED FROM REPORTS MANAGEMENT. THUS
COMPONENT (AREA) PROGRAMS CAN BE DESIGNED TO MEET. SPECIFIC NEEDS.
EACH AREA PROGRAM SHOULD COVER AS A MINIMUM: ALL RECURRING ADMINIS-
TRATIVE OR MANAGEMENT REPORTS REQUIRED FROM. OR PREPARED FOR...
(1) OTHER HEADQUARTERS COMPONENTS.
(2) ANY CONTINENTAL OR OVERSEAS FIELD ACTIVITY.
(3) ANY. ORGANIZATION. FEDERAL OR PRIVATE, OUTSIDE THE AGENCY.
EMPHASIS IS _.THUS PLACED ON MANAGINGRECURRING ADMINISTRATIVE OR MAN-
AGEMENT REPORTS.
HOWEVER, THIS SHOULD NOT EXCLUDE APPLYING REPORTS MANAGEMENT PRINCIPLES
TO ONE-TIME REPORTS, OR THOSE WHICH .PROVIDE FOR THE COLLECTION, PRODUC-
TION,OR DISSEMINATION OF IN-TELLIGENCE.
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HOW IS AN AREA PROGRAM INSTALLED?
REGARDLESS OF THE SIZE OF YOUR ORGANIZATION OR THE COMPLEXITIES OF ITS
REPORTS, CERTAIN STEPS ARE ESSENTIAL. LET'S BRIEFLY EXAMINE THESE.
STEP I - THE REPORTS INVENTORY
INVENTORY DATA Sq,-Tf
- , R YES _ THIS STEP BUILDS THE PROGRAM'S FOUNDATION. I T
PROVIDES DATA FOR AN IMMEDIATE ANALYSIS OF YOUR
ND FURNISHES RECORD MATERIAL FOR CON-
REPORTS, A
TINUING THE PROGRAM. EACH REPORTING REQUIRE-
C J1 ADDITION, IT WILL BE DESIRABLE TO ATTACH SPEC.
' T IMEN COPIES OF THE REPORT, COP I ES OF PERTINENT
w ---U a
17 DIRECTIVES OR INSTRUCTIONS. AND OTHER DESCR I P -
~L3 _=r TIVE MATERIAL.
STEP 2 - THE REPORTS ANALYSIS
THE MOST OPPORTUNE TIME FOR THIS
ANALYSIS IS DURING THE INVENTORY.
IT IS THEN THAT PROBLEM AREAS ARE
REVEALED. FURTHERMORE, THE INVEN-
TORY DATA SHEET CAN BE USED TO RE-
CORD RECOMMENDATIONS.
ANALYSIS PROJECTS SHOULD BE PLANNED
AND COORDINATED. HERE'S WHY__
2. THE PROBLEMS OF THOSE WHO REQUIRE REPORTS AS WELL AS THOSE WHO MUST
PREPARE AND SUBMIT THEM SHOULD BE CONSIDERED.
3. AN ANALYSIS OF REPORTING DOCUMENTS ALONE IS NOT ENOUGH. EQUALLY IM-
PORTANT IS AN EXAMINATION OF THE RELATED PROCEDURES AND RECORDS.
4. OUR REPORTING SYSTEMS CONTAIN A WIDE VARIETY OF NARRATIVE. TABULAR.
GRAPHIC. AND PUNCH CARD REPORTS. ANALYZING THESE REQUIRES A KNOWLEDGE
OF MANY TECHNIQUES. THE SERVICES OF AGENCY SPECIALISTS MAY THEREFORE
BE NEEDED.
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GUIDES (AND PERSONAL ASSISTANCE, IF DESIRED) WILL BE FURNISHED BY THE
REPORTS AND CORRESPONDENCE MANAGEMENT BRANCH. ALSO, THE INVENTORY DATA
SHEETS CONTAIN BASIC QUESTIONS TO AID THE ANALYST. FOR EXAMPLE:
9. COMPLETE THE FOLLOWING USING SPACE 10 IF NECESSARY:
YES
NO
A.
DOES INFORMATION IN THIS REPORT DUPLICATE IN ANY MANNER DATA IN OTHER REPORTS
YOU PREPARE? IF SO, SPECIFY THE REPORTS.
B.
IS THE INFORMATION REPORTED IN MORE DETAIL, SUBMITTED MORE FREQUENTLY. OR GIVEN
WIDER DISTRIBUTION THAN IS CONSIDERED NECESSARY? IF SO. EXPLAIN AND RECOMMEND
CHANGES.
C.
IS YOUR OFFICE ABLE TO MEET THE REQUIRED SUBMISSION DATE FOR THIS REPORT WITHOUT
DETRIMENT TO OPERATIONS? IF NOT. EXPLAIN. SPECIFY IF ANY OVERTIME HAS BEEN
REQUIRED TO MEET DUE DATES. RECOMMEND CHANGES. '
D.
IS THE FORM OR FORMAT PRESCRIBED FOR THIS REPORT ADEQUATE WITH REGARD TO:
(1) SPACING - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(2) WEIGHT OF PAPER? (Can sufficient copies be made at one typing?)_ _ _ _ _ _ _
(3) POSSIBLE ELIMINATION OF TRANSMITTAL LETTERS? - _ - - - - - - - - - - - - -
E.
IF THE REPORT IS REPRODUCED BY MIMEOGRAPH, DITTO. MULTILITH. ETC.. DO THE MASTERS
CONTAIN THE MAXIMUM AMOUNT OF PREPRINTED DATA (headings, lines, etc.)?
F.
ARE INSTRUCTIONS FOR THE PREPARATION OF THIS REPORT CLEAR AND COMPLETE?
G.
WOULD YOUR OFFICE CONTINUE TO:
(1) MAINTAIN - - - - - - - - - - - - - - - - - - -
(2) COMPILE - - - - - - - - - - - - - - - - - - -
THE DATA BEING SUBMITTED IN THIS REPORT. IF THE DIRECTIVES FOR ITS SUBMISSION
WERE RESCINDED? IF SO, EXPLAIN.
10. WHAT
IS YOUR APPRAISAL OF THIS REPORT? RECOMMEND ANY IMPROVEMENTS INCLUDING REVISED
PREPARATION PROCEDURES.
D. IS THE INFORMATION REQUIRED BY YOUR OFFICE APPROPRIATE TO ITS ASSIGNED FUNCTIONS.
RESPONSIBILITIES. AND AUTHORITY?
E. IS THE INFORMATION REQUIRED ACTUALLY AND ACTIVELY USED AS A BASIS FOR ACTIONS.
PLANS. OR DECISIONS. AND DOES SUCH USE FULLY JUSTIFY THE COST OF PREPARING THE
REPORT?
F. DOES THE NEED FOR THIS REPORT RESULT FROM ADMINISTRATIVE OR PROCEDURAL PROBLEMS
WHICH SHOULD BE CORRECTED RATHER THAN REPORTED? IF SO. RECOMMEND CHANGES.
G. IS THE REPORT DESIGNED TO SERVE A PURPOSE WHICH COULD BE ACCOMPLISHED MORE
EFFECTIVELY SOME OTHER WAY SUCH AS THROUGH DIRECT SUPERVISION OR INSPECTION?
IF SO. RECOMMEND REVISIONS.
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STEP 3 - THE REPORTS REVIEW
MADE AVAILABLE TO
MIGHT BE ESTABLISHED
REPORTS.
FINDINGS AND RECOMMENDATIONS WHICH RESULT,;.
FROM THE WORKING-LEVEL REPORTS ANALYSIS
GENERALLY REQUIRE STUDY OR RESOLVING BY
HIGHER AUTHORITY. THIS IS THE PURPOSE OF
THE REPORTS REVIEW.
THE AREA RECORDS OFFICER AND REPRESENTA-
TIVES OF THOSE UNITS CONCERNED WITH THE
REPORTS UNDER REVIEW SHOULD PARTICIPATE.
IN ADDITION, A MEMBER OF THE REPORTS AND
CORRESPONDENCE MANAGEMENT BRANCH WILL BE
IN AN ADVISORY CAPACITY. IF DESIRED, A PANEL
SOME REPORTS WILL BE FOUND
ESSENTIAL IN EVERY RESPECT.
OR CANCELLED!
OTHERS WILL BE CORRECTED
IMMEDIATELY...
.?PJ L?6AILL OTHERS MAY REQUIRE FURT TAY. ++~~
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STEP 4 - ESTABLISHMENT OF PROGRAM RECORDS
CASE FOLDERS AND REFERENCE FILES SHOULD BE ESTABLISHED CENTRALLY ON EACH
REPORTING REQUIREMENT AS A BASIS FOR CONTINUING THE PROGRAM. RECORD MA-
TERIAL WILL RESULT FROM THE INVENTORY, ANALYSIS, AND REVIEW.
TO BE SUCCESSFUL, THE PROGRAM MUST PRO-
VIDE FORA CONTINUING REVIEW OF REPORTS.
EACH NEW OR REVISED REPORTING REQUIRE-
MENT SHOULD BE SCREENED FOR NECESSITY
BY APPROPRIATE AUTHORITY PRIOR TO BEING
ESTABLISHED.
EACH CURRENT REPORTING REQUIREMENT SHOULD BE
RE-EXAMINED AT LEAST ANNUALLY TO ENSURE THAT
ITS CONTINUANCE IS FULLY JUSTIFIED. THESE RE-
REVIEWS SHOULD BE STAGGERED THROUGHOUT THE
YEAR TO DISTRIBUTE THE WORKLOAD. THE RE-EVAL-
UATION PROCESS CAN BE SIMILAR TO THAT USED TO
ANALYZE THE REPORTS DURING THE INSTALLATION
PHASE. THAT IS. OPERATING PEOPLE EXAMINE THEIR
REPORTING REQUIREMENTS AND SUBMIT RECOMMENDA.
TIONS TO A REVIEW BODY FOR ACTION.
IT SHOULD BE REMEMBERED THAT AN ANNUAL REVIEW IS ADEQUATE ONLY IF CONDI-
TIONS REMAIN STABLE. PROGRAMS ON WHICH INFORMATION IS REPORTED MAY AC.
CELERATE OR DECELERATE RAPIDLY. CHANGES IN ORGANIZATION AND FUNCTIONS
TAKE PLACE. NEW FORCES OR TRENDS COME INTO BEARING. UNDER THESE CONDI-
TIONS REPORTS SHOULD BE CONTINUALLY APPRAISED TO ASSURE THAT THEY ARE
ECONOMICALLY SERVING THE PURPOSES FOR WHICH THEY WERE ESTABLISHED.
FEWER REPORTS, BETTER REPORTS, AT LESS COST!
A STAFF REPRESENTATIVE WILL BE PLEASED TO DISCUSS REPORTS MANAGEMENT FUR-
THER WITH YOU. CALL EXTENSION 3742.
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S-E-C-R-E-T
THIS EXHIBIT ILLUSTRATES...
A. RECORDS CONTROL SCHEDULE
THIS IS PREPARED BY RECORDS MANAGEMENT IN COLLAB-
ORATION WITH REPRESENTATIVES OF OPERATING ORGANIZA-
TIONS.
B. REQUEST FOR AUTHORITY TO DISPOSE OF RECORDS
THIS IS PREPARED BY RECORDS MANAGEMENT AND CLEARED
WITH REPRESENTATIVE OF THE OFFICE OF THE GENERAL
COUNSEL, THE SECURITY OFFICE, AND THE OFFICE OF THE
COMPTROLLER.
A FULLY CLEARED REPRESENTATIVE OF THE NATIONAL
ARCHIVES REVIEWS AND APPRAISES OUR REQUEST AND SUB-
MITS IT TO CONGRESS FOR APPROVAL.
C. APPRAISAL REPORT
THIS IS PREPARED BY THE FULLY CLEARED REPRESENTATIVES
OF THE NATIONAL ARCHIVES.
D. ACTION TAKEN BY CONGRESS
THIS IS SHOWN IN THE UPPER RIGHT PORTION OF THE
REQUEST.
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