LETTER TO CHAIRWOMAN ABZUG FROM ANTHONY A. LAPHAM RE RESPONSE TO YOUR INQUIRY C

Created: 1/3/1977

OCR scan of the original document, errors are possible

CENTRAL INTELLIGENCE

37

Honor. - alia S ubcommittee on Government

Information li Individual Rightsn Governnent Operations U. S. House of Representatives Wuhlngton. D.-

Madam Chairwoman:

Thin letter la In response to your inquiry aa to whether the Federal Record* Act applies to the Central Intelligence Agency.

The Federal Records Act wBS enacted* an amendment to the Federal Property end Administrative Services Actnd Irea* amended, now appear as9 endf Titlef tho U. S. Code. The FPAS Act. originally enacted9ew uayr-efter the enactment of the CIA Actrovided In part that nothing therein "nha.ll Impair or aflecl any authoritythel Central Intelligence

proviso was carried over by0 legislation lhat added the Federal Record. Act.ew Tide V,he FPAS Ael. Tho provlao remain. In force and thereforeontinuing and valid limitation on theof the Federal Records Act to the CIA . W* do not understand or con-alder thai the provlao totally exempts the CIA from the requirements of the Federal Records Act. but only lhat the Agency is not bound by thoseto the limited extent that they may be ia conflict with the Agency's basic authorities and missions.

The matter of the disposal and destruction of Governmentot by thaRecords Act but rather by the provisions of Chapterf Tidef. Code. Those provisions apply broadly to all executive sgenciss. Including CIA. In our view these provisions can and should be administeredanner that is compatible with the responsibility of Ihe

Director of Centra! Intelligence. underf the National Securityrotect intelligence aourcea and method* against unauthorised disclosure, and with the implementing language In section oof the CIA Act. exaanptlngAgency frets the tcandate of 'any otherlhat would require 'theor disclosure of tbe organlaatlon.ames, officialalaries, ox nurnbeia of peraonr.el employed by Ihe Agency."

Sincerely,

Anthony A. Lapham General Counsel

OR RELEASE DATE:?

Original document.

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