LAWS AND REGULATIONS RELATING TO DISPOSITION OF FEDERAL RECORDS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP74-00005R000100020032-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 19
• Document Creation Date: December 9, 2016
• Document Release Date: April 24, 2001
• Sequence Number: 32
• Publication Date: December 1, 1971
• Content Type: REPORT

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RECORDS MANAGEMENT STAFF PAPER NUMBER 12
LAWS AND REGULATIONS
RELATING TO
DISPOSITION OF
FEDERAL RECORDS
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Appendix II
Laws and Regulations Relating to the Disposition of Federal Records
The National Archives Act, Approved June 19, 1934, as Amended June 22, 1936, and March 3,. June 8,
and June 25,1948
[48 Stat. 1122; 49 Stat. 1821; 62 Stat. 58, 344, 1026]
An Act to establish a National Archives of the United States Government, and for other purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
there is hereby created the Office of Archivist of the United
States, the Archivist to be appointed by the President of the
United States, by and with the advice and consent of the
Senate.
SEc. 2. The salary of the Archivist shall be $10,000
annually. All persons to be employed in the National
Archives Establishment shall be appointed by the Archivist
solely with reference to their fitness for their particular duties
and without regard to civil-service law; and the Archivist'
shall make rules and regulations for the government of the
National Archives;-but any official or employee with salary
of $5,000 or over shall be appointed by the President by and
with the advice and consent of the Senate.'
Sac. 3. All archives or records belonging to the Govern-
ment of the United States (legislative, executive, judicial,
and other) shall be under the charge and superintendence
of the Archivist to this extent: He shall have full power to
inspect personally or by deputy the records of any agency of
the United States Government whatsoever and wheresoever
located, and shall have the full cooperation of any and. all
persons in charge of such records in such inspections, and to
requisition for transfer to'the National Archives Establish-
ment such archives, or records as the National Archives
Council, hereafter provided shall approve for such transfer,
' Sections 3, 6a, and 8a appear as amended March 3, 1948;
section 8 appears as amended June 22, 1936, and June 25,
1948; and section 10 appears as amended June 8, 1948.
' Some of the provisions of this section have been super-
seded by the following provisions in the Independent Offices
Appropriation Act, 1939, approved May 23, 1938 (52 Stat.
421) : "Provided further, That six months after the date of
approval of this Act, notwithstanding any provisions to the
contrary in section 2 of The National Archives Act, approved
June 19, 1934, and section 1 of the Federal Register Act
approved July 26, 1935, all persons employed in The National
Archives establishment under section 2 of The National
Archives Act and section 1 of the Federal Register Act shall
be appointed by the Archivist in accordance with the civil..
service laws and the Classification Act of 1923, as amended:
And provided further, That all persons employed under sec-
tion 2 of The National Archives Act and section 1 of the
Federal Register Act in said establishment six months after
the date of approval of this Act, regardless of the method by
which they were appointed, who do not have a competitive
classified civil-service status shall acquire such a status (1)
upon recommendation by the Archivist and certification by
him to the Civil Service Commission that such persons have
rendered satisfactory service in said establishment for not
less than six months and (2) upon passing such suitable non-
competitive tests as the Civil Service Commission shall
prescribe."
and he shall have authority to make regulations for the ar-
rangement, custody, use, and withdrawal of material de-
posited in the National Archives Building: Provided, That
whenever the head of any agency shall specify in writing
restrictions on the use or examination of records being con-
sidered for transfer from his custody to that of the Archivist
that appear to him to be necessary or desirable in the public
interest, the Archivist shall impose such restrictions on such
of the records as are transferred to his custody; and restric.
tions so imposed shall not be removed or relaxed by the
Archivist without the concurrence in writing of the head of
the agency from which the material shall have been trans-
ferred unless the existence of that agency shall have been
terminated: And provided further, That restrictions on the
use or examination of records in the custody of the Archivist
heretofore imposed and now in force and effect under the
terms of section 3 of the National Archives Act, approved
June 18, 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 Archi-
vist with the concurrence in writing of the head of the agency
from which the material has been transferred or by the
Archivist alone if the existence of that agency shall have been
terminated.
SEc. 4. The immediate custody and control of the Na-
tional Archives Building and such other buildings, grounds,
and equipment as may from time to time become a part of
the National Archives Establishment (except as the same is
vested by law in the Director of National Buildings, Parks,
and Reservations) and their contents shall be vested in the
Archivist of the United States.
SEc. 5. That there is hereby created also a National His-
torical Publications Commission which shall make plans,
estimates, and recommendations for such historical works and
collections of sources as seem appropriate for publication
and/or otherwise recording at the public expense, said Com-
mission to consist of the Archivist of the United States, who
shall be its chairman; the historical adviser of the Depart-
ment of State; the chief of the historical section of the War
Department, General Staff; the superintendent of naval rec-
ords in the Navy Department; the Chief of the Division of
Manuscripts in the Library of Congress; and two members of
the American Historical Association appointed by the presi-
dent thereof from among those persons who are or have been
members of the executive council of the said association:
Provided, That the preparation and publication of annual
and special reports on the archives and records of the Gov-
emment, guides, inventory lists, catalogs, and other inatru-
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ments facilitating the use of the collections- shall have prece-
dence over detailed calendars and textual reproductions.
This Commission shall meet at least once a year, and the
members shall serve without compensation except repayment
of expenses actually incurred in attending meetings of the
Commission.
SEC. 6. That there is hereby further created a National
Archives Council composed of the Secretaries of each of the
executive departments of the Government (or an alternate
from each department to be named by the Secretary thereof),
the Chairman of the Senate Committee on the Library, the
Chairman of the House Committee on the Library, the
Librarian of Congress, the Secretary of the Smithsonian
Institution, and the Archivist of the United States. The said
Council shall define the classes of material which shall be
transferred to the National Archives Building and establish
regulations governing such transfer; and shall have power
to advise the Archivist in respect to regulations governing
the disposition and use of the archives and records trans-
ferred to his custody.
SEc. 6a. Whenever any records the use of which is sub-
ject to statutory limitations and restrictions are transferred
to the custody of the Archivist of the United States, permissive
and restrictive statutory provisions with respect to the exam-
ination and use of such records applicable to the head of the
agency having custody of them or to employees of that
agency shall thereafter likewise be applicable to the Archivist
of the United States and to the employees of the National
Archives Establishment respectively.
SEc. 7. The National Archives may also accept, store,
and preserve motion-picture films and sound recordings per-
taining to and illustrative of historical activities of the United
States, and in connection therewith maintain a projecting
room for showing such films and reproducing such sound
recordings for historical purposes and study.
SEc. 8. That the National Archives shall have an official
seal which will be judicially noticed.
The Archivist of the United States may make or repro-
duce and furnish authenticated or unauthenticated copies of
any of the documentary, photographic or other archives or
records in his custody that are not exempt from examination
as confidential or protected by subsisting copyright, and may
charge therefor a fee sufficient to cover the cost or expenses
thereof. All such fees shall be paid into, administered, and
expended as a part of the National Archives Trust Fund
created by section 5 of the National Archives Trust Fund
Board Act. There shall be no charge for the making or
authentication of such copies or reproductions furnished to
any department or other agency of the Government for
official use. When any such copy or reproduction furnished
under the terms hereof is authenticated by the official seal
of the National Archives and certified by the Archivist of
the United States, or in his name attested by the head of any
office or the chief of any division of the National Archives
designated by the Archivist with such authority, it shall be
admitted in evidence equally with the original from which it
was made.
SEC.. 8a. Any official of the United States Government
who is authorized to make certifications or determinations on
the basis of records in his custody is hereby authorized to
make certifications or determinations on the basis of records
that have been transferred by.him or his predecessors to the
custody of the Archivist of the United States.
SEc. 9. That the Archivist shall make to Congress, at the
beginning of each regular session, a report for the preceding
fiscal year as to the National Archives, the said report in-
cluding a detailed statement of all accessions and of all re-
ceipts and expenditures on account of the said establishment.
He shall also transmit to Congress the recommendations of
the Commission on National Historical Publications, and,
on January 1 of each year, with the approval of the Council,
a list or description of the papers, documents, and so forth
(among the archives and records of the Government), which
appear to have no permanent value or historical interest,
and which, with the concurrence of the Government agency
concerned, and subject to the approval of Congress, shall
be destroyed or otherwise effectively disposed of.
SEc. 10. That there are hereby authorized such appro-
priations as may be necessary for the maintenance of the
National Archives Building and the administration of the
collections, the expenses, and work of the Commission on
National Historical Publications, the supply of necessary
equipment and expenses incidental to the operations afore-
said, including transfer of records to the Archives Building;
printing and binding; personal services in the District of
Columbia and elsewhere; travel and subsistence and per
diem in lieu of subsistence, notwithstanding the provisions of
any other Acts; stenographic services by contract or other-
wise as may be deemed necessary; purchases and exchange
of books and maps; payment in advance when authorized
by the Archivist for library memberships in societies whose
publications are available to members only or to members
at a price' lower than to the general public; purchase, ex-
change, and operation of motor vehicles; and all absolutely
necessary contingent expenses, all to be expended under the
direction of the Archivist, who shall annually submit to
Congress estimates therefor in the manner prescribed by law.
SEC. 11. All Acts or parts of Acts relating to the charge
and superintendency, custody, preservation, and disposition
of official papers and documents of executive departments
and other governmental agencies inconsistent with the pro-
visions of this Act are hereby repealed.
Records Disposal Act, Approved July 7, 1943, as Amended July 6, 1945 8
[57 Stat. 380-383; 59 Stat. 434]
An Act to provide for the disposal of certain records of the United States Government.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
when used in this Act, the word "records" includes all books,
papers, maps, photographs, or other documentary materials,
s Sections 4, 6, 7, and 12 appear as amended July 6,1945.
regardless of physical form or characteristics, made or re-
ceived by any agency of the United States Government in
pursuance of Federal law or in connection with the transac-
tion of public business and preserved or appropriate for
preservation by that agency or its legitimate successor as
evidence of the organization, functions, policies, decisions,
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mcnt or~kPrSPYPee~ilCS Pral Q1l11QIar7ntalJ.1-RDPMA-QOOi01 @rdi9O 2s !l submit lists or sched-
therein. Library and museum material made or acquired ules to Congress, it shall be the duty of the presiding officer
and preserved solely for reference or exhibition purposes, of the Senate to appoint two Senators who, with the members
extra copies of documents preserved only for convenience of of the Committee on the Disposition of Executive Papers of
reference, and stocks of publications and of processed docu- the House of Representatives, shall constitute a joint com-
ments are not included within the definition of the word mittee to which all such lists or schedules shall be referred,
"records" as used in this Act. and the joint committee shall examine such lists or schedules
SEc. 2. The National Archives Council shall promulgate and submit to the Senate and House of Representatives,
regulations, not inconsistent with this Act, establishing (1) respectively, a report of such examination and its recom-
procedures for the compiling and submitting to the Archivist mendations.
of the United States of lists and schedules of records pro- SEc. 6. If the joint committee reports that any of the
posed for disposal, (2) procedures for the disposal of records records listed in a list or schedule referred to it do not, or will
authorized for disposal, and (3) standards for the reproduc- not after the lapse of the period specified, have sufficient
tion of records by photographic or microphotographic proc- administrative, legal, research, or other value to warrant their
esses with a view to the disposal of the original records. continued preservation by the Government, the Archivist shall
Such regulations, when approved by the President, shall be notify the agency or agencies having such records in their
binding on all agencies of the United States Government. custody of the action of the joint committee and such agency
Sec. 3. The head of each agency of the United States or agencies shall cause such records to be disposed of in
Government shall submit to the Archivist of the United accordance with regulations promulgated as provided in sec-
States, in accordance with regulations promulgated as pro- tion 2 of this Act: Provided, That authorizations granted
vided in section 2 of this Act (1) lists of any records in the pursuant to schedules submitted under the last paragraph of
custody of the agency that have been photographed or section 4 of this Act shall be permissive and not mandatory.
nsicrophotographcd in accordance with the said regulations SEc. 7. If the joint committee fails to make a report
and that, as a consequence thereof, do not appear to have during any regular or special session of Congress on any list
sufficient value to warrant their further preservation by the or schedule submitted to Congress by the Archivist not less
Government; (2) lists of any other records in the custody of than ten days prior to the adjournment of such session, the
the agency that are not needed by it in the transaction of its Archivist may empower the agency or agencies having in their
current business and that do not appear to have sufficient custody records covered by such lists or schedules to cause
administrative, legal, research, or other value to warrant such records to be disposed of in accordance with regulations
their further preservation by the Government; and (3) promulgated as provided in section 2 of this Act.
schedules proposing the disposal after the lapse of specified Sec. 8. Whenever it shall appear to the Archivist that
periods of time of records of a specified form or character any agency has in its custody, or is accumulating, records of
that either have accumulated in the custody of the agency or the same form or character as any records of the same agency
that may accumulate therein at any time after the submis- previously authorized by Congress to be disposed of, he may
sion of such schedules and that apparently will not after the empower the head of such agency to dispose of such records,
lapse of the period specified have sufficient administrative, after they have been in existence a specified period of time,
legal, research, or other value to warrant their further preser- in accordance with regulations promulgated as provided in
vation by the Government. section 2 of this Act and without listing or scheduling them.
SEc. 4. The Archivist shall submit to Congress, at such SEc. 9. Records pertaining to claims and demands by the
times as he shall deem expedient, the lists or schedules sub- Government of the United States or against it, or to any
mitted to him in accordance with the provisions of section 3 accounts in which the Government of the United States is
of this Act, or parts of such lists or schedules, and lists or concerned, either as debtor or creditor, shall not be disposed
schedules of any records in his legal custody, insofar as it shall of by the head of any agency under any authorizations
appear to him that the records listed in such lists or schedules granted pursuant to the provisions of sections 6, 7, and 8 of
do not, or will not after the lapse of the period specified, have this Act, until such claims, demands, and accounts have
sufficient administrative, legal, research, or other value to been settled and adjusted in the General Accounting Office,
warrant their continued preservation by the United States except upon the written approval of the Comptroller General
Government: Provided, That the Archivist shall not submit of the United States.
to Congress lists or schedules of records of any existing agency SEc. 10. Whenever the Archivist and the head of the
of the Government in his legal custody without first having agency that has custody of them shall jointly determine that
ol)tained the written consent of the head of such agency. any records in the custody of any agency of the United States
The Archivist may also submit to Congress, together with Government arc a continuing menace to human health or life
recommendations of the National Archives Council with or to property, the Archivist shall cause such menace to be
respect thereto, and at such times as he may deem expedient, eliminated immediately by whatever method he may deem
schedules proposing the disposal, after the lapse of specified necessary. .If any records in the custody of the Archivist are
periods of time, of records of a specified form or character disposed of under this section, the Archivist shall report the
common to several or all agencies that either have accumu- disposal thereof to the agency from which they were trans-
lated or may accumulate in such agencies and that apparently ferred.
will not, after the lapse of the periods specified, have suffi- SEc. 11. At any time during the existence of a state of
cient administrative, legal, research, or other value to warrant war between the United States and any other nation or when
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hostile action by a foreign power appears imminent, the head
of any agency of the United States Government may authorize
the destruction of any records in his legal custody situated
in any military or naval establishment, ship, or other deposi-
tory outside the territorial limits of continental United States
(1) the retention of which would be prejudicial to the
interests of the United States or (2) which occupy space
urgently needed for military purposes and are, in his opinion,
without sufficient administrative, legal, research, or other
value to warrant their continued preservation: Provided,
That within six months after the disposal of any such records,
the official who directed the disposal thereof shall submit
a written report thereon to the Archivist in which he shall
describe the character of such records and state when and
where the disposal thereof was accomplished.
SEc. 12. The Archivist shall transmit to Congress at the
beginning of each regular session reports as to the records
authorized for disposal under the provisions of section 7 of
this Act and as to the records disposed of under the pro-
visions of sections 10 and 11 of this Act.
SEc. 13. Photographs or microphotographs of any rec-
ords made in compliance with regulations promulgated as
provided in section 2 of this Act shall have the same force
and effect as the originals thereof would have and shall
be treated as originals for the purpose of their admissibility
in evidence. Duly certified or authenticated reproductions
of such photographs or microphotographs shall be admitted
in evidence equally with the original photographs or micro-
photographs.
SEc. 14. All moneys derived by agencies of the Govern-
ment from the sale of records authorized for disposal under
the provisions of this Act shall be paid into the Treasury
of the United States unless otherwise required by existing
law applicable to the agency.
SEc. 15. The procedures herein prescribed are exclusive
and no records of the United States Government shall be
alienated or destroyed except in accordance with the pro-
visions of this Act.
SEc. 16. The Act entitled "An Act to provide for the dis-
position of certain records of the United States Govern-
ment", approved August 5, 1939 (53 Stat. 1219), the Act
entitled "An Act to provide for the disposition of certain
photographed records of the United States Government, and
for other purposes",.approved September 24, 1940 (54 Stat.
958), and all other Acts or parts of Acts inconsistent with
the provisions of this Act are hereby repealed.
Resolution Concerning the Transfer of Records to the National Archives, Adopted by the National Archives
Council November 9, 1944
Whereas section 3 of the "Act to establish a National
Archives of the United States Government and for other
purposes" (48 Stat. 1122) provides that "All archives or rec-
ords belonging to the Government of the United States
(legislative, executive, judicial, and other) shall be under the
charge and superintendence of the Archivist to this extent:
He shall have full power to inspect personally or by deputy
the records of any agency of the United States Government
whatsoever and wheresoever located, and shall have the full
cooperation of any and all persons in charge of such records
in such inspections, and to requisition for transfer to the
National Archives Establishment such archives, or records
as the National Archives Council, hereafter provided shall
approve for such transfer";
And whereas section 6 of said act creates the National
Archives Council and authorizes it to "define the classes of
material which shall be transferred to the National Archives
Building and establish regulations governing such transfer";
therefore be it
Resolved, That the Archivist of the United States be and
he is hereby authorized to requisition for transfer to the
National Archives any archives or records in the custody of
any agency of the United States Government (legislative,
executive, judicial, and other), which fall within any of the
following classes, viz:
I. Any archives or records that the head of the agency
that has the custody of them may offer for transfer to the
National Archives.
11. Any archives or records that have been in existence for
more than fifty years unless the head of the agency that has
the custody of them certifies in writing to the Archivist that
they must be retained in his custody for use in the conduct
of the regular current business of the said agency.
III. Any archives or records of any Federal agency that
has gone out of existence unless the head of the agency that
has the custody of them certifies in writing to the Archivist
that they must be retained in his custody for use in perform-
ing transferred functions of the discontinued agency or in
liquidating its affairs.
IV. Any other archives or records that the National
Archives Council by special resolution may authorize to be
transferred to the National Archives.
Resolved further, (1) That when the Archivist shall issue
his requisition for any archives or records he shall furnish to
a duly authorized representative of the agency that has the
custody of them an inventory of the material covered by such
requisition; (2) That when, and not until, this inventory
shall have been certified to by the signatures of the repre-
sentatives of said agency and of the Archivist, respectively,
and the said archives or records shall have been delivered by
the representative of the said agency to the representative of
the Archivist either at the depository in which they are stored
or at a depository under the control of the Archivist, the said
archives or records shall pass into the legal custody of the
Archivist of the United States; Provided, That records of the
Federal Government that are not in the legal custody of any
other agency of the Government shall be deemed to be in the
legal custody of the Archivist and may be transferred by him
to a depository under his control without the formalities of
issuing a requisition or delivering an inventory.
Regulations of the National Archives Council, Adopted July 29, 1949
Whereas Sec. 2 of "An Act to provide for the disposal of (57 Stat. 380-383, 59 Stat. 434; 44 U. S. C. 366-380),
certain records of the United States Government" approved requires that the National Archives Council promulgate
July 7, 1943, as amended by the Act approved July 6, 1945 regulations not inconsistent with the provisions of the said
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 ~id" scccso~r?er
mittiof I
I
s,~s The rovtsions for preserving, cxa.........a, ........~...6
~ Kd`fHr`-,*PP74hc Q~~~Q $~g7aphic copies of the original
posal, procedures for the disposal of records authorized for
disposal, and standards for the reproduction of records by
photographic or microphotographic processes with a view
to the disposal of the original records," which regulations,
"when approved by the President, shall be binding on all
agencies of the United States Government"; Therefore be
it resolved, that the following regulations be promulgated:
1. Whenever lists or schedules of records are submitted to
the Archivist of the United States in compliance with pro-
visions of Sec. 3 of the above-mentioned Act, they shall be
submitted on Standard Forms, to be promulgated by the
National Archives, and in accordance with instructions on the
use of such forms issued by the Archivist. The said lists or
schedules shall be accompanied by samples of the several
items proposed therein for disposal unless samples of such
items have been submitted with lists and schedules pre-
viously submitted to the Archivist or unless the Archivist
shall have waived this requirement. Whenever said lists or
schedules include requests for authority to dispose of perma-
nently valuable records for the reason that when photo-
graphed or microphotographed the photographic or micro-
photographic copies will be adequate substitutes therefor,
they shall be accompanied by a statement of procedures to be
followed in preserving the integrity of the original records as
specified in II (a) hereof.
II. Whenever authority is requested to destroy records
that as a consequence of photographic or microphotographic
reproduction do not have sufficient value to warrant their
further preservation, the following standards shall be
maintained:
(a) The integrity of the original records shall be preserved
on the photographic or microphotographic copies. The
preservation of the integrity of the records implies that the
photographic or microphotographic copies will be adequate
substitutes for the original records in that they will serve the
purposes for which such records were created or maintained.
Specifically, the term "integrity of the records" is defined to
that the photographic or microphotographic copies
will be so arranged, identified, and indexed that an in-
dividual document or component of a records series
can be located with reasonable facility, and
that the photographic or microphotographic copies
will contain all significant record detail needed for
probable future reference.
(b) The film stock used, and the processing thereof, shall
comply with the specifications of the National Bureau of
Standards for permanent records.
records shall be adequate.
(d) Whenever the agency deems that the original photo-
graphic or microphotographie negative of permanently val-
uable records is deteriorating or will deteriorate as a result
of use or other causes, the agency shall deposit the original
photographic or microphotographic negative with the Na-
tional Archives, retaining for its own use a service print if
desired.
III. Whenever any records shall have been authorized for
disposal in accordance with the provisions of Secs. 6, 7, or 8
of the above-mentioned Act and whent4er any records of
types that have been proposed for disposal in schedules
approved in accordance with the provisions of Sec. 6 of .the
said Act have been in existence for the periods specified in
such schedules, the agency or agencies having the custody of
such .records shall, subject to the proviso of Sec. 6 and the
provisions of Sec. 9 of the said Act, (a) cause the said
records to be sold as waste paper: Provided that, unless the
said records shall have been treated in such a manner as to
destroy their record content, any contract for sale of them
shall prohibit their resale as records or documents; (b) cause
them to be destroyed, if they cannot advantageously be sold
or if, in the opinion of the head of the agency having custody
of said records, destruction is necessary to avoid the disclosure
of information that might be prejudicial to the interests of
the Government or of individuals; or (c) cause them to be
transferred, with the approval of the Archivist of the United
States and without cost to the United States Government,
to any government, organization, institution, corporation, or
person that has made application for them.
The above regulations supersede those promulgated by
the National Archives Council on August 15, 1945.
I hereby certify that the above regulations were unani-
mously adopted by the National Archives Council on July 29,
WAYNE C. GROVER,
Chairman of the Council.
Approved on August 22, 1949:
HARRY S. TRUMAN,
President of the United States.
By direction of the National Archives Council the pro-
mulgation of the above regulations is accomplished on
August 30, 1949, by transmittal of copies thereof to the
heads of all agencies of the United States Government.
THAD PAGE,
Secretary of the Council.
Executive Order 9784, Providing for the More Efficient Use and for the Transfer and Other Disposition of
Government Records
By virtue of the authority conferred on me by the Consti-
tution and statutes, in order to provide that Government
records may be utilized to maximum advantage and disposed
of expeditiously when no longer needed and in the inter-
est of more efficient internal management of the Govern-
ment, it is hereby ordered as follows:
1. The head of each agency shall establish and maintain
an active continuing program for the effective management
and disposition of its records. Agencies shall retain in their
custody only those records that are needed in the conduct
of their current business, and except as herein otherwise
provided, shall promptly cause all other records to be offered
for transfer to the National Archives or proposed for other
disposition in accordance with law.
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2. No records shall be transferred by one agency to the
custody of another agency without the approval of the Di-
rector of the Bureau of the Budget except for their retire-
ment to the National Archives, as a temporary loan for of-
ficial use, or as may be otherwise required by statute or
Executive order. Any records in the custody of any agency
which, in the judgment of the Director of the Bureau of the
Budget, are not needed in the conduct of its current business
and are needed in the current business of another agency
shall be transferred to the latter agency if, in the opinion of
the Director, the public interest will be best served by such
transfer, provided that any portion of such records deemed
to have enduring value may be accessioned by the National
Archives and placed on loan to the agency to which the
records are physically transferred. In making determina-
tions concerning the transfer of records the Director shall
give due regard to the importance of having Government
records which are not confidential made generally available
to Government agencies and to the public.
3. The Civil Service Commission, with the approval of
the Director of the Bureau of the Budget, is authorized to
promulgate regulations, not inconsistent with law and regu-
lations of the National Archives Council, requiring and
governing the establishment, content, transfer among agen-
cies, and other disposition of personnel records, provided
that no agency shall be required to release or transfer con-
fidential material affecting any of its employees.
4. Except as provided in the preceding paragraph 3, the
Director of the Bureau of the Budget with the advice and
assistance of the National Archives shall conduct such in-
spections, require such reports, and issue such directives and
regulations as he may deem necessary to carry out the pro. THa WHIT$ HOUse,
5. No transfer of records (except in connection with a
termination or transfer of functions) shall be made hereunder
when the head of the agency having custody of the records
shall certify that such records contain confidential informa-
tion, a disclosure of which would endanger the national
interest or the lives of individuals. Whenever any records
are transferred which contain information procured under
conditions restricting its use, the use of such records shall
continue to be limited by such conditions. The provisions
of this order shall not be deemed to require the transfer or
other disposition of records or authorize access to records in
contravention of law or of regulations of the National Ar-
chives Council.
6. Definitions.
(a) The term "agency" as used herein shall be deemed
to mean any executive department or independent establish-
ment, including any government corporation that is operated
as an instrumentality of the Federal Government.
(b) The term "records" as used herein shall apply to all
books, papers, maps, photographs, or other documentary ma-
terials, regardless of physical form or characteristics, made or
received by any agency of the United States Government in
pursuance of Federal law or in connection with the trans-
action of public or organizational business and preserved or
appropriate for preservation by that agency as evidence of
or because of its informational value in relation to its organ-
ization, functions, policies, personnel, operations, decisions,
procedures, financial transactions, and all other activities
of an administrative, management, or program nature.
Septa nber 25, 1946.
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(Pun. Liw 754.1
or the District of Columbia shall be conspicuously' identified by
showing thereon either (a) the full name of the department, establish-
ment, corporation, or agency by which it is used and the service in
which it is used, or (b) a title descriptive of the service in which it is
used if such title readily identifies the department, establishment,
corporation, or agency concerned, and the legend `For official use
only' : Provided, That the regulations issued pursuant to this section
may provide for exemptions from the requirement of this section when
conspicuous identification would interfere with the purpose for which
aL Rfthij 1e.. u i w q1i R(ll am-11 usmdi 7
'SEC. 6. The Federal Property and Ad niiiiistrafiive Servaoes Adt'og
1949 is amended by-
f
"
"
thereo
title VT
(a) redesi *nating "title V" of such Act as
and `title V' wherever it appears therein, is amended to read
"title VV". .
(b) redesignating sections 501-505, inclusive, or such Act,
respectively, as sections 601-605, inclusive, thereof, and wherever
any such section number appears in such Act as 6riginally enacted,
it is amended to conform in numbering to the redesignation pre-
scribed by this subsection;
(c) inserting at the proper place in the table of contents to such
Act the following:
"TITLE V-FEDERAL RECORDS
-"Sec. 501. Short title.
"Sec. 502. Custody and control of property.
"Sec. M. National Historical Publications Commission.
"Sec. 501. Federal Records Council.
''Sec. 50 ,. Records management; the Administrator.
"Sec. 500. Records management; agency heads.
"Sec. 507. Archival administration.
"Sec. 508. Reports.
"Sec. 509. Legal status of reproductions.
"Sec. 510. Limitation on liability.
"See. 511. Definitions."
(d) inserting, immddiately following title IV thereof, the
following new title :
"TITLE V-FEDERAL RECORDS
"SEC. 501. This title may be cited as the `Federal Records Act of
1950'.
"CUSTODY AND CONTROL OF PROPERTY
"SEC. 502. The Administrator shall have immediate custody and
control of the National Archives Building and its contents, and shall
have authority to design, construct, purchase, lease, maintain, operate,
protect, and improve buildings used by him for the storage of records
of Federal agencies in the District of Columbia and elsewhere.
. ' " "SEO. 503. (a) There is hereby created it National Historical Publi-
cations Commission consisting of the Archivist (or an alternate desig-
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nated by him), who shall he Chairman- the Librarian of Congress
(or an alternate designated by him) ; one Member of the United States'
Senate to be appointed for a term of four years, by the President of
the Senate; one MemLer of the House of Representatives to be
appointed, for a term of two years, by the Speaker of the House of
Representatives; one representative of the judicial branch of the Gov-
ernment to be appointed, for a term of four years, by the Chief Justice
of the United States; one representative of the Department of State
to be appointed, for a term of four years, by the Secretary of State;
one representative of the Department of Defense to be appointed, for
a term of four years, by the Secretary of Defense; two members of the
American Historical Association to be appointed by the council of
the said association, one of whom shall serve an initial term of two
years and the other an initial term of three years, but their successors
shall be appointed for terms of four years; and two other members
outstanding in the fields of the social or. physical sciences to be
appointed by the President of the United States, one of whom shall
berve an initial term of one year and the other an initial term of three
years but their successors shall be appointed for terms of four years.
The commission shall meet annually and on call of the Chairman.
"(b) Any person appointed to fill a vacancy in the membership of
the Commission shall be appointed only for the unexpired term of the
member whom he shall succeed, and his appointment shall be made in
the same manner in which' the appointment of his predecessor was
made.
"(c) The Commission is authorized to appoint, without reference to
the Classification Act of 1949 (Public Law 429, 81st Congress, approved'
October 28, 19-19), an executive director and such editorial and clerical
star as the Commission may determine to be necessary. A'lembers of
the Commission who represent any branch or agency of the Govern-
l
ment shall serve as members of the Commission without additiona
compensation. All members of the Commission shall be reimbursed
for transportation expenses incurred in attending meetings of the
Commission, and all such members other than those who represent any
branch or agency of the Government of the United States shall receive
in lieu of subsistence en route to or from or at the place of such service,
for each day actually spent in connection with the performance of their
duties as members of such Commission, such sum, not to exceed $25, as
I
the Commission shall prescribe.
"(d) The Commission shall make plans, estimates, andrecommenda
tions for such historical works and collections of sources as it deems
appropriate for printing or otherwise recording at the public expense.
The. Commission shall also cooperate with and encourage appropriate
Federal, State, and i ical agencies and nongovernmental institutions,
societies, and individuals in collecting and preserving and, when it
deems such action to be desirable, in editing and publishing the papers
of outstanding citizens of the United States and such other documents
as may be important for an understanding and appreciation of the
history of the United States. The Chairman of the Commission shall.
transmit to the Administrator from time to time,' and at least once
annually such plans, estimates, and recommendations as have been
approved by the Commission.
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IM. LAW 754J
"SEC. 504. The Administrator shall establish a Federal Records
Council, and shall advise and consult with the Council with a view
to obtaining its advice and assistance in carrying out the purposes
of this title. The Council shall include representatives of the legisla-
tive, judicial, and executive branches of the Government in such num-
ber as the Administrator shall determine, but such Council shall
include at least four representatives of the legislative branch, at least
two representatives of the judicial branch, and at least six representa-
tives of the executive branch. Members of the Council representing
the legislative branch shall be designated, in equal number, by the
President of the Senate and the Speaker of the House of Representa-
tives, respectively. Members of the Council representing the judicial
branch shall be designated by the Chief Justice of the United States.
The Administrator is authorized to designate from persons named
by the head of any executive agency concerned, not more than one
representative from such agency to serve as a member of the Council.
Members of the Council shall serve withoat compensation, but shall
be reimbursed for all necessary expenses actually incurred in the
performance of their duties as members of the Council. The Council
shall elect a chairman from among its own membership, and shall
meet at least once annually.
"RECORDS MANAGEMENT; THE ADMINISTRATOR
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; and he shall notify
the head of any Federal agency of any actual, impending, or threat-
ened unlawful removal, defacing alteration, or destruction--of records
in the custody of such agency thiat shall come to his attention and
"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
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.
"(c) The Administrator is authorized to inspect or survey person-
ally or by deputy the records of any Federal agency, as well as to make
surveys of records management and records disposal practices in such
agencies, and shall ~e given the full cooperation of officials and
employees of agencies in such inspections and surveys : Provided,
That records the use of which is restricted by or pursuant to law or
for reasons ol national security or the public interest, shall be inspected
or surveyed in accordance with regulations promulgated by the Admin-
istrator, subject 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
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records for Federal agencies pending their deposit with the National
Archives of the United States or their disposition in any other manner
authorized by lawv; 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.
"(f) '.Che 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 dis?
posal schedules approved by Congress.
"RECORDS MANAGEMENT; AGENCY HEADS
"SEC. BOG. (a) The head of each Federal agency shall cause to be
made and preserved records containing adequate and proper docu-
mentation of the organization, functions, policies, decisions, pro-
cedures, and essential transactions of the agency and designed to
furnish the information necessary to protect the legal and financial
rights of the Government 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, pro-
mote the maintenance and security of records deemed appropriate for
preservation, and facilitate the segregation and disposal of records of
temporary value; and (3) compliance with the provisions of this
title and the regulations issued thereunder.
"(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 storage, processing, and servicing of
records that are appropriate therefor in a records center maintained
and operated by the Administrator or, when approved by the Admin-
istrator, in such a center maintained and operated by the head of such
Federal agency.
"(d) Any official of the Government who is authorized to certify
to facts on the basis of records in his custody, is hereby authorized to
certify to facts on the basis of records that have been transferred by
him or his predecessors to the Administrator.
. "(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 Admin-
istrator. Such safeguards shall include making it known to all offi-
cials 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 Jul 7, 1948 (57 Stat. 380-
883), as amended July 6, 1945 (59 Stat. 434), and (2) the penalties
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provided by law for the unlawful removal or destruction of records.
"(f) The head of each Federal agency shall notify the Administra-
tor of any actual, impending, or threatened unlawful removal, defac-
ing, alteration, or destruction of records in the custody of the agency
of which he is the ]lead that shall come to his attention, and with
the assistance of the Administrator shall initiate action through the
Attorney General for the recovery of records he knows or has reason
to believe have been unlawfully removed from his agency, or from
any other Federal agency whose records have been transferred to his
legal custody.
"O Nothing in this title shall be construed as limiting the author-
ity 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.
"ARCHIVAL ADMINISTRATION
"SEC. 507. (a) The Administrator, whenever it appears to him to be
in the public interest,, is hereby authorized-
"(1) to accept for deposit with the National Archives of the
United States the records of any Federal agency or of the Congress
of the United States that are determined 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 unless
otherwise authorized by Congress; and
"(3) to direct and effect the transfer of materials from private
sources authorized to be received by the Administrator by the
provisions of subsection (e) of this section.
(b) The Administrator shall be responsible for the custody, use,
and withdrawal of records transferred to him: Provided, That when-
ever 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
applicable to the head of the agenc
fro
hi
h
h
y
m w
c
t
e 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 Services Administration, respectively: Provided fur-
ther, That whenever the head of any 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 his custody to the Administrator, the Administrator
shall impose such restrictions on the records so transferred, and shall
not remove or relax such restrictions without the concurrence in writ-
ing of the head of the agency from which the material shall have been
transferred (or if the existence of such agency shall have been ter-
minated, then he shall not remove or zelax'such restrictions without
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the concurrence of the successor in function, if any, of such agency
head) : Provided
h
Th
,
owever,
at statutory and other restrictions
referred to in the provisos of this subsection shall not remain in force
or effect after the records have been- in existence for fifty years unless
the Administrator by order shall determine with respect to specific
bodies of records that such restrictions shall remain in force and
effect for a longer period: And provided further, That restrictions on
the use or examination of records deposited with the National 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 ter-
minated, then with the concurrence in writing of his successor in
function, if any).
"(c) The Administrator shall make provisions for the preservation,
arrangement, repair and rehabilitation duplication and reproduction
(including microcopy publications), description, and exhibition of
records transferred to him as may be needful or appropriate, includ-
ing the preparation and publication of inventories, indexes, catalogs,
and other findin aids or guides facilitating their use; and, when
approved by the National Historical Publications Commission, he may
also publish such histori
l
k
ca
wor
s and collections of sources as seem
appropriate for printing, or otherwise recording at the public
expen se.
`(d) The Administrator shall make such provisions and maintain
such facilities as he deems necessary or desirable for servicing records
in his custody that are not exempt from examinati
b
on
y statutory
provisions. or other restrictions.
(e) . The Administrator may accept for deposit-
"(1) the personal papers and other personal historical docu-
mentary materials of the present President of the United States,
his successors, heads of executive departments, and such other
officials of the Government as the President may designate, offered
for deposit under restrictions respecting their use specified in
writing by the prospective depositors: Provided, That restric-
tions so specified on such materials, or any portions thereof,
accepted by the Administrator for such deposit shall have force
and effect during the lifetime of the depositor or for a period
not to exceed twenty-five years, whichever is longer, unless sooner
terminated in writing by the depositor or his legal heirs: And
provided further, That the Archivist determines that the mate-
rials accepted for such deposit will have continuing historical or
other values:
"(2) motion-picture films, still pictures, and sound recordings
from private sources that are appropriate for preservation by
the Government as evidence of its organization, functions, poli-
cies, decisions, procedures, and transaction's,
Title to materials so deposited 'under this subsection shall pass to and
vest in the. United States.
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 I
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"(f) The Administrator is hereby authorized to make and preserve
motion-picture films, still pictures, and sound recordings pertaining to
and illustrative of the historical development of the United States
Government and its activities, and to make provisions for preparing,
editing, titling, scoring, processing, duplicating, reproducing, exhibit-
ing, and releasing for nonprofit educational purposes, motion-picture
films, still pictures, and sound recordings in his custody.
"REPORTS
"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, 1943 (57 Stat. 380-383), as amended July 6, 1945 (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 recom-
mendations 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.
"SEC. 509. (a) Whenever any records that are required by statute to
be retained indefinitely have been reproduced by photographic, micro-
photographic, or other processes, in accordance with standards estab-
lished by the Administrator, the indefinite retention of such photo-
graphic, microphotographic, or other reproductions will be deemed to
constitute compliance with the statutory requirement for the indefinite
retention of such original records. Such reproductions, as well as
reproductions made in compliance with regulations promulgated to
carry out this title, shall have the same legal status as the originals
thereof.
"(b) There shall be an official seal for the National Archives of the
United States which shall be judicially noticed. When any copy or
reproduction, furnished under the terms hereof, is authenticated by
such official seal and certified by the Administrator, such copy or repro-
duction shall be admitted in evidence equally with the original from
which it was made.
"(c) The Administrator may charge a fee not in excess of .10 per
centum above the costs or expenses for making or authenticating copies
or reproductions of materials transferred to his custody. All such fees
shall be paid into, administered, and expended as a part of the National
Archives Trust Fund provided for in section 5 of the Act approved
July 9, 1941. There shall be no charge for making or authenticating
copies or reproductions of. such materials for official use by the United
States Government : Provided, That reimbursement may be accepted
to cover the cost of furnishing such copies or reproductions that could
not otherwise be furnished.
"L[MrrA'rnON ON LIAurrwrr
"SEC: 510. With respect to letters and other intellectual productions
(exclusive of material copyrighted or patented) after they come into
71T. M7.777TIZTTI MIMI. VI 17171117) 111
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the custody or possession of the Administrator, neither the United
States nor its agents shall be liable for any infringement of literary
property rights or analogous rights arising thereafter out of use of
such materials for display, inspection, research, reproduction, or other
purposes.
"DEFINITIONS
"SEa. 511. When used in this title
"(a) The term `records' shall have the meaning given to such term
by section 1' of the Act entitled `An Act to provide for the disposal of
certain records of the United States Government', approved July 7,
1943 (57 Stat. 380, as amended; 44 U. S. C. 366) ;
"(b) The term `records center' means an establishment maintained
by the Administrator or by a Federal agency primarily for the stor-
age, servicing, securityt and processing of records that must be pre-
served for varying periods of time and need not be retained in office
equipment and space;
"(c) The term `servicing' means making available for use infor-
mation in records and other materials in the custody of the
Administrator-
"(1) by furnishing such records or other materials, or infor-
mation from such records or other materials, or copies or repro-
ductions thereof to agencies of the Government for official use
and to the public; and
"(2) by making and furnishing authenticated or unauthenti-
cated copies or reproductions of such records and other materials;
"(d) The term 'National Archives of the United States' means
those official records that have been determined by the Archivist to
have sufficient historical or other value to warrant their continued
preservation by the United States Government, and have been accepted
by the Administrator for deposit in his custody;
"(e) The term `unauthenticated copies' means exact copies or repro-
ductions of records or other materials that are not certified as such
under seal and that need not be legally accepted as evidence; and
"(f) The term `Archivist' means the Archivist of the United
States."
SEc. 7. The Federal Property and Administrative Services Act of
1949 is further amended by-
(a) striking out the word "and" preceding "(2)" in subsection
(d) of section 3 thereof; substituting a semicolon for the period
at the end of said subsection; and adding at the end of such
subsection the following: "and (3) records of the Federal
Government..";
(b) striking out, in section 208 (a) thereof, the expression "and
V", and inserting in lieu thereof the expression "V, and VI";
(c). striking out, in section 208 (b) thereof, the expression
"and V", and inserting in lieu thereof the expression `V, and
VI"
(d) striking out the word "and" at the end of paragraph (30)
of section 602 (a) ; striking out the period at the end of paragraph
(31) of section 602 (a) and inserting in lieu thereof a semicolon;
and adding at the. end of, section 602 (a) the following new
paragraphs: ;.
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"(32) the Act entitled `An Act to establish a National Archives
of the United States Government, and for other purposes',
approved June 19, 1934. (48 Stat. 1122-1124, as amended; 44
U. S. C. 300, 300a, 300c-k) ; and
"(33) section 4 of the Act of February 3, 1905 (33 Stat. 687,
as amended; 5 U. S. C. 77)."
(e) amending subsection 602 (b) and (c) thereof to read as
follows :
"(b) There are hereby superseded-
"(1) the provisions of the first, third, and fifth paragraphs of
section 1 of Executive Order Numbered 6166 of June 10, 1933,
insofar as they relate to any function now administered by the
Bureau of Federal Supply except functions with respect to stand-
ard contract forms; and
"(2) sections 2 and 4 of the Act entitled `An Act to provide for
the disposal of certain records of the United States Government',
approved July 7, 1943 (57 Stat. 381, as amended; 44 U. S. C. 367
and 369), to the extent that the provisions thereof are inconsistent
with the provisions of title V of this Act.
"(c) The authority conferred by this Act shall be in addition and
paramount to any authority conferred by any other law and shall not
be subject to the provisions of any law inconsistent herewith, except
that sections 205 (b) and 206 (c) of this Act shall not be applicable
to any Government corporation or agency which is subject to the
Government Corporation Control Act (59 Stat. 597; 31 U. S. C. 841)."
f
"(19) for. such period of time as the
4-1, h President may specify,
t
~+.~.., '- ..- raumuL1 w uulutl A7tlr v-
ices Act of 1949 is amended by redesignating subsection (e)-thereof
k amending paragraphs (17), (18), and (19) of section 602
(d1 thereof to read as follows :
`(17) the Central Intelligence Agency;
"(18) the Joint Committee on Printing, under the Act entitled
`An Act providing for the public printing and binding and the
distribution of public documents' approved January 12, 1895 (28
Stat. 601), as amended or any other Act- or
any o er au
ority of any executive agency which the President
determines within one year after the effective date of this Act
should, in the public interest, stand unimpaired by this Act."
(g) striking out the period at the end of section 603 (a) thereof
and inserting in lieu thereof a comma and the following: "includ.
ing payment in advance, when authorized by the Administrator,
for library memberships in societies whose publications are
available to members only, or to members at a price lower than
that charged to the general public."
SEC. 8. (a) Subsection 3 (b) of the Federal Property and Adminis-
trative Services Act of 1949 is amended to read as follows :
"(b) The term `Federal agency' means any executive agency or any
establishment in the legislative or judicial branch of the Government
(except the Senate, the House of Representatives, and the Architect
of the Capitol and any activities under his direction)."
(b) Section 201 (b) of the Federal Property and Administrative
Services Act of 1949 is amended by striking out the expression "or the
Senate, or the House of Representatives,".
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as subsection (f), and inserting, immediately after subsection (d)
thereof, the following new subsection :
"(e) No provision of this Act, as amended, shall apply to the Senate
or the House of Representatives (including the Architect of the
Capitol and any building, activity, or function under his direction),
but any of the services and facilities authorized by this Act to be
rendered or furnished shall as. far as practicable be made available
to the Senate, the House of Representatives, or tie Architect of the
Capitol, upon their request, and, if payment would be required for the
rendition or furnishing.of a similar service or facility to an executive
agency, payment therefor shall be made by the recipient thereof, upon
presentation of proper vouchers, in advance or by reimbursement (as
ma be agreed upon by the Administrator and the officer or body
making such request). Such payment may be credited to the appli-
cable appropriation of the executive agency receiving such payment."
Sim. 9. The Federal Property and Administrative Services Act of
1949, section 205 (h), is hereby amended by striking out the last word
of the sentence "title" and inserting in lieu thereof the word "Act".
Src. 10. (a) Whenever any contract made on behalf of the Govern-
ment by the head of any Federal Agency, or by officers authorized by
him so to do, includes a provision for liquidated damages for delay,
the Comptroller General upon recommendation of such head is author-
ized and empowered to remit the whole or any part of such damages as
in his discretion may be just and equitable.
(b) Section 306 of the Federal Property and Administrative Serv-
ices Act of 1949, is hereby repealed, and this section shall be effective
as of July 1, 1949.
Sno. 11. All laws or parts of laws in conflict with the provisions of
this Act or with any amendment made thereby ares to the extent of
such conflict, hereby repealed.
Approved September.5, 1950.
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P.L. 91-287 LAWS OF 91st CONC.-2nd SESS. June 23
GOVERNMENT RECORDS-DISPOSAL
For Legislative History of Act, sec p. 2167
/
I
PUBLIC LAW 91-287; 84 STAT. 320
[1I. R. 14300]
An Act to amend title 44, United States Code, to facilitate the disposal of
Government records without sufficient value to warrant their con-
tinued preservation, to abolish the Joint Committee on the Disposition
of Executive Papers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That:
Chapter 33 (relating to disposal of records) of title 44, United
States Code,36 is amended by inserting immediately after section
3303 thereof the following new section:
3303a. Examination by Administrator of General Services of
lists and schedules of records lacking preservation
value; disposal of records
"(a) The Administrator of General Services shall examine the lists
and schedules submitted to him under section 3303 of this title. If
the Administrator determines that any of the records listed in a
list or schedule submitted to him do not, or will not after the lapse
of the period specified, have sufficient administrative, legal, re-
search, or other value to warrant their continued preservation by the
Government, he may-
"(1) notify the agency to that effect; and
"(2) empower the agency to dispose of those records in ac-
cordance with regulations promulgated under section 3302 of
this title.
"(b) Authorizations granted under lists and schedules submitted
to the Administrator under section 3303 of this title shall be manda-
tory, subject to section 2909 of this title. Authorizations granted un-
der schedules promulgated under subsection (d) of this section shall
be permissive.
"(c) The Administrator may repuest advice and counsel from the
Committee on rules and Administration of the Senate and the Com-
mittee on House Administration of the House of Representatives with
respect to the disposal of any particular records under this chapter
whenever he considers that-
"(1) those particular records may be of special interest to
the Congress; or
"(2) consultation with the Congress regarding the disposal
of those particular records is in the public interest.
However, this subsection does not require the Administrator to re-
quest such advice and counsel as a regular procedure in the general
disposal of records under this chapter.
36. 44 V.S.C.A. 1320316
2104
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June 23 GOVERN MEN1' RECORDS-DISPOSAL P.L. 91-287
"(d) The Administrator may promulgate schedules authorizing
the disposal, after the lapse of specified periods of time, of records of
a specified form or character common to several or all agencies if
such records will not, at the end of the periods specified, have suf-
ficient administrative, legal, research, or other value to warrant
their further preservation by the United States Government.
"(e) The Administrator may approve and effect the disposal of
records that are in his legal custody, provided that records that had
been in the custody of another existing agency may not be disposed
of without the written consent of the head of the agency.
"(f) The Administrator shall make an annual report to the Con-
gress concerning the disposal of records under this chapter, includ-
ing general descriptions of the types of records disposed of and
such other information as he considers appropriate to keep he
Congress fully informed regarding the disposal of records under
this chapter.".
Sec. 2. (a) Section 3308 (relating to disposal of similar records
where prior disposal was authorized) of title 44, United States
Code,37 is amended by striking out "by Congress".
(b) Section 3309 (relating to preservation of claims of Gov-
ernment until settled in General Accounting Office) of title 44, Unit-
ed States Code,3s is amended by striking out "under sections 3306-
3308 of this title" and inserting in lieu thereof "under this chapter".
(e) The following sections of chapter 33 of title 44, United States
Code,30 are hereby repealed:
(1) section 3304 (relating to lists and schedules of records
lacking preservation value and their submission to Congress
by the Administrator of General Services) ;
(2) section 3305 (relating to examination of lists and sched-
ules by the joint congressional committee for the disposition of
certain records of the United States Government and the report
of that joint committee to the Congress) ;
(3) section 3306 (relating to disposal of records by agency
heads upon. notification by the Administrator of General Serv-
ices of the action of the joint congressional committee) ; and
(4) section 3307 (relating to disposal of records upon failure
of the joint congressional committee to act).
Sec. 3. The table of sections of chapter 33 of title 44, United
States Code, is amended by striking out-
"3304. Lists and schedules of records lacking preservation value; sub-
mission to Congress by Administrator of General Services.
"3306. Examination of lists and schedules by joint congressional com-
mittee and report to Congress.
"3306. Disposal of records by head of Government agency upon notifi-
cation by Administrator of General Services of action by joint
congressional committee.
"3307. Disposal of records upon failure of joint congressional committee
to act."
and inserting in lieu thereof-
"3303a. Examination by mdminist:ator of General Services of lists and
schedules of records lacking preservation value; disposal of
records.".
Sec. 4. Section 2909 (relating to retention of records) of title 414,
United States Code,4" is ann. nded by striking out "approved by Con
gress" wherever occurring therein.
Approved June 23, 1970.
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