RECORDS MANAGEMENT ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00895R000100070001-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 22
• Document Creation Date: December 12, 2016
• Document Release Date: March 26, 2002
• Sequence Number: 1
• Publication Date: June 12, 1974
• Content Type: MF

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12 June 1974
MEMORANDUM FOR: Legislative Counsel
SUBJECT : Records Management Act
. 1. The proposed bill H.R. 14935 is an amendment to Title
44, U.S. Code The Records Management Act." The coverage is
the same, however, it goes into more detail in explaining the
definitions relating to records management. Important features
of the bill that are noteworthy are:
a. The bill strengthens the authority of the
Administrator of General Services with
respect to records management by Federal
agencies by:
(1) Directing the Administrator
to conduct inspections or
paperwork studies at regu-
lar intervals of the records
and records management
practices and programs of
eve EX Federal agency.
(2) Requiring the head of every
Federal agency to transmit
a report to the Administrator
with respect to the records
and records management practices
and programs of each such agency
during each period of two calendar
years.
(3) Giving the Administrator the
authority to order, to the extent
he considers necessary, the head
of any Federal agency to take
specific action with respect to
the records or records management
practices of his agency.
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(4) Requiring the Administrator to
report to the Congress, the
Director of the Office of Manage-
ment and Budget, and the Comptroller
General on all actions taken under
items (1), (2), and (3) above.
b. The bill establishes an independent organization
in the Executive Branch of the Federal Government
known as the Records Review Board. This Board
shall render a ruling with respect to any appeal
filed by a Federal agency relating to the actions
taken by the Administrator in paragraph la above.
c. The proposed bill also states "records, the use
of which is restricted by law or for reasons of
national security or the public interest, shall
be inspected or surveyed in accordance with rules
prescribed by the Administrator, subject to the
approval of the head of the custodial Federal
agency."
2. It has been the Agency's position (Agency General Counsel
opinion of 2 Oct 1950) that Public Law 253 provides that the
Director of Central Intelligence shall be responsible for pro-
tecting intelligence sources and methods from unauthorized dis-
closure and if the Director deems compliance with any existing
law will result in such disclosures, no compliance is necessary.
Therefore, the proposed act should not constitute any change
in the Agency's position.
SIGNED
I I
e
Information Systems Analysis Staff
ISAS:RAB:ER:mj (12 June 74)
Distribution:
Otig - Adse
1 - ISAS
1 - RAB/Chrono
1 - RAJ3/Subject
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93D CONGRESS H. R.. 1493 5
IN THE HOUSE OF REPRESENTATIVES
MAY 21, 1974
Mr. ?\Vi1ITF; introduced the following bill; which was referred to the Com-
mittee on Governunent Operations
A BILL
To amend title 44, United States Code, to strengthen the author-
ity of the Administrator of General Services with respect to
records management by Federal agencies, and for other
purposes.
1 Be it enacted by the,Senate and House of Representa-
2 tines of the United States of America in Congress assembled,
3 SHORT TITLE,
4 SECTION 1. This Act may be cited as the "Records
5 Management Act".
6 .AMENDMENT OF TITLE 44, UNITED STATES CODE
7 SEC. 2. (a) Title 44, United States Code, is amended
8 by striking out chapter 27 through chapter 31 and inserting
9 in lieu thereof the following new, chapter:
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"Chapter 27-RECORDS MANAGEMENT
?.
"2701. Definitions.
"2702. Objectives of records, management.
"2703. General responsibilities of Administrator.
"2704. Records management authority of Administrator.
7 05. Records Review Board.
``"2706. Records management by Federal agencies.
"2707. Custody and control of property.
"2708. Establishment of standards for selective retention of records; secu-
rity measures.
"2709. Records centers; storage, process, and servicing of records.
"2710. Interagency records transfers.
"2711. Retention of records.
"2712. Certifications and determinations on transferred records.
112713. Safeguards.
"2714. Unlawful removal, destruction of records.
"2715. Records management personnel.
"2716. Authority of Comptroller General.
"2717. Rules.
2 "?2701. Definitions
3 "For purposes of this chapter and chapter 25 of this
4 title--
5 . " (1) the term `records' has the meaning given it
" (2) the term `records management' means the
10
11
12
13
14
15
by section 3301;
planning, controlling, directing, organizing, training,
promoting, and other managerial activities involved
with respect to records creation, records maintenance
and use, and records -disposition, including the manage-
ment of correspondence, forms, directives, reports, ma-
chine readable records, microforms, information retrieval,
files, mail, 'vital records, records equipment and sup-
plies, word processing and source data automation tech-
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1 niques, records preservation, records disposal., and rec-
2 ords centers or other storage facilities;
3 " (3) the term `records management practices'
4 means any system, procedure, or technique followed
5 with respect to effective records creation, records main-
6 tenance and use, and records disposition;
7 " (4) the term `records creation' means any process
8 involved with respect to producing any recorded infor-
9 oration necessary to conduct the business of a Federal
10 agency;
11 " (5) the term `records maintenance and use' means
12 any activity involved with respect to-
13 " (A) the planning and establishment of meth-
14 ods for the location of records of, a Federal agency;
15 " (B) the development and implementation of
16 systems and procedures to facilitate the safeguard-
17 ing, retrieval, and use of recorded information kept
18 at file locations;
19 " (C) the development and implementation of
20 systems for the economical and efficient processing
21 of mail of a Federal agency;
22 " (D) the cgn$rol of selection and use of equip-
23 ment and supplies associated with records;
24 " (6) the term `records disposition' means-
25 " (A) the removal by a Federal agency (in
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accordance with approved records control schedules)
of records no longer necessary for' the conduct of
business by such agency, through removal methods
which may include-
"(i)' the disposal of temporary records by
destruction or donation ;
" (ii) the transfer of records to Federal
agency storage facilities or records centers; and
(iii) the transfer to the National Archives
of the United States of records determined to
11 ! have historical or other sufficient value to war-
root continued preservation ;
13 " (B) the transfer of records from one Federal
14 agency to any other Federal agency;
15 (7) the term'`records center' means an establish-
17
1s
19
20
21
22
23
24
25 ing means for the improvement of records management;
meat maintained by the Administrator or by a Federal
agency primarily for the storage, servicing, security, and
processing of records which must be preserved for vary-
ing periods of time and need not be retained in office
equipment or space;'
" ($) the term `inspection' means the review of Fed-
eral agency records, records management practices, and
records management' programs for the purpose of evalu-
sting records management effectiveness and recommend-
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(9) . the term `paperwork",> idy', means the carry-
ing out of an ii vestigation vAd &oalysis of a particular
aspect of any paperwork process of a Federal agency,
with a view toward rendering findings and recommendia
tions with respect to such proCps+a.i
6 " (10) the term `servicing' 1 leans making availalgle
7 for use information in records and., pthor materials in the
8 custody of the Administrator-
9 (A) by furnishing the ,records or other mate-
10 rials, or information ,from, them, or copies ,or repro-
ductions thereof, to anyederal agency, for official
12 use., or to the public;
13 (B) by making and furnishing authenticated
14 or. unauthenticated copies or ..reproductions of the
15 records of other materials;
1G "(11) the term `unauthenticated copies' means
17 exact copies or reproductions of records or other mate-
18, rials which are not certified as such under, seal and which
19 need not be legally accepted as evidence;,
20 " (12) the term `Federal agency' shall have the
21 meaning defined in title 40, United States Code, see-
22 tion 47,(2) (a) ;
23 , " (13) the term . `National, Archives. of the United
24 Staten means those official records which have been
determined by the Archivist to have sufficient historical
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1 or other value to warrant their continued preservation by
2 the Federal Government, and which have been accepted
3 by the Administrator for deposit in his custody;
4 " (14) the term `Administrator' means the Admin-
5 istrator of General Services; and
6 " (15) the term `Board' means the Records Appeals
7 Board established by section 2705 (a) .
S 12702. Objectives of records management
9 "It is the purpose of this chapter and chapter 33 of this
10 title to require the establishment of standards and procedures
11 to assure efficient and effective records management. Such
12 standards and procedures shall seek to effectuate the follow-
13 ing goals :
14 " (1) accurate and complete documentation of the
15 policies and transactions of the Federal Government;
16 " (2) control of the quantity and quality of records
17 produced by the Federal Government;
18 " (3) simplification of the processes through which
19 records are created,',, stored, retrieved, and used;
20 " (4) the judicious preservation and disposal of
21 records;
22 " (5) the establishment and maintenance of a sys-
23 tem which focuses continuous attention upon records
24 from their initial creation to their final disposition;
25 " (6) the establishment and maintenance of mech-
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1 anisms of control with respect to records creation, in
2 order to assure the prevention of unnecessary records;
3 and
4 " (7) the establishment and maintenance of such
5 other systems or techniques as the Administrator con-
6 siders necessary to carry out the purposes of this chapter
7 and chapter 33 of this title.
8 12703. General responsibilities of Administrator
9 "The Administrator shall provide guidance and assistance
10 to Federal agencies with respect to records creation, records
11 maintenance and use, and records disposition. In providing
12 such guidance and assistance, - the Administrator shall-
13 " (1) develop and promulgate standards, procedures,
14 and techniques with respect to records management, in-
15 eluding guidance with respect to staffing and- selection
16 and effective use of equipment and supplies;
17
" (2) conduct research with respect to the improve-
ment of records management practices;
19 " (3) serve as a clearinghouse for information with
20 respect to records management and as a central source
21 for reference and training materials with respect to
22 records management;
23 " (4) establish such interagency committees and
24 boards as may be necessary to provide an exchange
25 of information among Federal agencies;
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1 " (5) disseminate information with respect to tech-
2 nological development in microfilm, automatic data proc-
3 essing, and other electronic and mechanized equipment
4 useful, in the processing of recorded information;
.:~ (6) promote the economical and efficient utiliza-
6 tion, of. space, equipment, and supplies necessary for
7 records creation, records maintenance and use, and
8 records disposition; and
9 " (7) conduct studies and require the heads of Fed-
10 eral agencies to conduct studies with respect to establish-
11 ing procedures designed to save human time and effort
12 in records management, with particular attention given
13 to standards and procedures. governing the creation of
14 reao.
15 "12704. Records management
16 " (a) The, Administrator shall-
17, . " (1), conduct inspections or paperwork studies, at
18 regular intervals as determined to be necessary by the
19 kdministrator, of the records ,and records management
20 :.prsotices and programs of every, Federal agency ;
21 . , (2) require the head of every Federal agency to
22 transmit a report to the Administrator with respect to
23 the records and records management practices and pro-
24 grams of each such Federal agency during each period of
25 two calendar yeas;
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" (3) prescribe riles, with `respect to redordt, =a-
2 agement; and , ` .
3 " (4) order, to the extent he coiide s necessary,
4 the head of any Federal agency to take specific action
5 with respect to the cords or records nogembnt?prae-
6 tices of his agency. . ; . ,' . ,. ~ ,
7 " (b) (1) Th a Administrator , lmay conduct'* ' special
8 project survey witli respect to the record, Management
9 practices of any Federal agency at the regneg ot'the. head
10 of such agency. Any such special project sur'iby' shall not
11 be in lieu of any inspection or paperwork study conducted
12 by the Administrator under subsection !(a) (1).
13 " (2) The Administrator may require ; reimbmsement
14 from the Federal agency involved fors the cost of any special
15 project study conducted by the Administrator ender para-
16 graph (1). Notwithstanding' any other provision of law;
17 any such reimbursement shall be made directly to the Ad-
18 ministra.tor for crediting in any account maintained by the
1g General Services Administration.
20 " (;'3) For purposes of this subsection (b),, the term
21 `Federal agency' includes the Congress and the courts of the
22 United States.
23 " (c) The Administrator may conduct inspections or
24 paperwork studies, with respect to records and records
-25 management practices, which involve a review of the policies
1T.R. 14-935-2
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-1 and practices of more than one Federal, agency and which
2 examine interaction and relationships among Federal agen-
3 des with respect to records and records management.
4 " (d) (1) The officers and employees of each Federal
5 agency, shall, cooperate fully with the Administrator with
6 respect to any inspection or paperwork study of any such
7 agency conducted by the Administrator under subsection
8 (a) (1) or subsection (c) and with respect to any special
9 project survey. conducted by the Administrator under sub-
10 section. (b) (1) ? .
11 . , " (2) Records,, the use of which is restricted by law or
12 for reasons of,,national, security or the public interest, shall
13 be ii spected or surveyed in accordance with rules prescribed
14 by the Administrator, subject to the approval of the head of
15, the oustodjal Fedetl l agency.
16 (e) (1) The, Administrator, shall transmit reports to
17 each House of the. Congress no., later than the close of
18 March 31 Of;.each year. Each, such report shall contain- .
19 " (A) a detailed statement with respect to each in-
20,,,,, petition or paperwork' study conducted by the Adminis-
21, trator under subsection (a) (1) or subsection (c) ; ` .
22. " (B) a compilation of reports transmitted to the
23 . ' Admi.kistrator ? under subsection (a)'(2) during the most:.,
24 . t recent calendar year; and.
25
f` (C)" a description and explanation of any rule pre- ..
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seabed l by the Athniaistrator 'ender attraction (a) (3),
or of any order issued by the Administrator under sub-
section (a) (4) during the most recent calendar year.
" (2) Each report " transmitted by the Administrator to
each House of the congress under paragraph (1) shall at
the same time be transmitted to the Director of the Office of
Management and Budget and to : the Cmptroller General.
The Director and the Comptroller General shall review each
such report and transmit their eomuaente ?and ,reeommenda-.
tions with respect to each such' report to each House of the
Congress no later than sixty' days after receiving each
such report.
" (f) Except as provided by section 27,051 every Federal .
14 agency shall comply with any order issued by the Adminis-
15 trator under subsection (a) (4) which applies to such
16 agency, no later than one, year after the date, upon which
17 such order is issued.
18 12705. Records Review Board
organiza-
19 "(a) There is established as an independent oLion in the executive branch of the Federal Government a
20
21 board to be known as the Records Review Board.
22' (b) (1) The Board shall ibe composed 'of, five members
23 as follows :
24 " (A) three appointed by the President by and
with the advice and consent of the Senate;
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1 (B) one appointed by the Administrator; and
.2 " (C) one appointed by the Director of the Office
3 of Management and Budget.
4 A vacancy in the Board shall be filled in the manner in
5 which,the original appointment was made.
6 " (2) (A) Except as provided by subparagraphs (B)
7 and (C), members of the Board. shall be appointed for
8 teens of five years.
a " (B) Of the members first appointed-
10' " (i) two shall be appointed for terms of five years,
11 " (ii) two shall be appointed for terms of three
12 years, and
13 (iii) one shall be appointed for a term of
14 one year, as designated by the President at the time of
15 appointment:
16 " (C) Any member appointed to fill a vacancy occur-
17 ring before the expiration of the term for which his prede-
18 cessor was appointed shall be appointed only for the
19 remainder of. such term. A member may serve after the
20 expiration of his term until his successor has taken office.
21 " (e) (1) Except as provided by paragraph (2), mem-
22, bers of the Board shall each be entitled to receive the daily
23 equivalent of the annual rate of basic pay in effect for
24 grade GS-16 of the General Schedule for each day (includ-
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4 ~ ing traveltime) during ; which, they are, engaged; in, the ac-
2 tual performance of duties vested in the Board.
3 ' " (2) Members of the Board who are, full-fund officers
4 or employees of the Federal Government shaft : receive to
5 additional pay on amount of their. .service: ons- the Board.
(3) While away from their homes.. or , regular places
7 of business in the performance of services for the ' Board,
8 members of the ' Board shall be, allowed ? travel, ~ ?xpenses,
9 including per diem. in lieu of subsistence, in the' same man-
10 ner as persons employed intermittently ' 'in the Federal
11 Government service are allowed expenses. under: section
12 5703 (b) of title 5, United States. Code.
13 " (d) The Board may appoint and fix the pay of sueli
14 personnel as it deems necessary to assist it in carrying out ids
15 functions under this section.
16
" (e) (1) Any Federal agency may appeal to the Board
17 any order issued by the Administrator under section 2704
18 (a) (4) .
19 " (2) Any such appeal shall 4be filed no later than, three
20 months after the date upon which such order is issued. Such
21 appeal shall be in writing and shall contain a detailed state-
22 ment of the reasons of such agency for objecting to such
23 order.
24, " (3) The Administrator shall, no later than one month
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1 after the filing of an appeal under paragraph (1), transmit
2 a written reply to such appeal to the ;Board. Such reply
3 shall include the reasons of the Administrator for issuing
4 such order.
5 " (4) The Board shall render a ruling with respect to
6 any appeal filed under paragraph (1) no later than three
7 months after the date of such filing. If such ruling requires
8 compliance with the order issued by the Administrator, the
9 Federal agency involved shall : comply with such order no
10 later than six months after the date upon which such ruling
11 is rendered.
12 " 2706. Records niagement by Federal agencies
13 '.'(a) (1) 'The heed,. of each Federal agency shall make
14 and preserve records containing adequate and proper docu-
15 mentation of the organization, functions, policies, decisions,
16 procedures, and essential transaetions of the Federal agency
17 and designed to furnish the inforlnartion~ necessary to protect
18 the legal and financial rights of the Federal Government and
19 of.persons'direftly. affebted by.?the activities. of the Federill
20 aY?
21 " (2) The head of 'each Federal ageiwy. shall establish
22 and maintain an efficient and continuing records management
23 program which shall focus upon the complete cycle of rec-
24 . ords creation, records maintenance and 'use,' and records dis
25 position, the establishment of necessary or appropriate con-
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~1 il; troll, and achioitement`of the koals desorirbed,in Section; 2702.
2 " (b) The records, management program established by
3. the head of each Federal agency under: subsection (a) (2)
4 shall include provision for- t
" (1) effective , controls ,,over records,. creation, rec-
ords maintenance sand, use, and records disposition, with
respect ,to the conduct of current business;
8 " (2) cooperation with the Administrator in apply-
9 ing standards, procedures,, and, techniques, 'designed to
10 improve records management, promote the maintenance
] 1 and. security of records deemed appropriate for preserva~
12 Lion, and facilitate the, segregatiou,andZisposal of records,
13 of temporary value; and
14 " (3) compliance with the provisinns of this chapter,
15 and of ?ection 2101through ' section 2113, and section
16 2501 through section 2507, and any rule prescribed unr.
1.7 der such provisions.
18 "? 2707. Custody. and control of property
19 "The Administrator. shall have immediate custody and
20 control of the Nations' Archives Building and its contents,
21 and may design, construct, purchase, lease, maintain, oper-
22 ate, protect, and improve buildings used by him for the stor-
23 age of records of Federal agencies in the District of Columbia
24 and elsewhere.
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tion of records; security measures
"The Administrator shall establish standards for the
1 12708. Establishment of standards for selective reten-
4 selective retention of records of continuing value, and assist
5 Federal agencies in applying the standards to records in their
6 custody.,h e shall notify the head of a Federal agency of any
actual, impending, or threatened uuiawfn removval, defacing,
alteration, or' destruction of records in the custody of such
agency that shall come ? to his attention,' and assist 'the head
10 of such agency in initiating action through the 'Attorney
11 General for .the recovery of records wilawfully removed and
12 : for other redress provided by law. '
13 "? 2709. Records centers; ste0ae'' proem, and servicing
14, of,
INNM
" (1) records centers for storage;' processing, and'
servicing td' Teom4s't loi Federal fagent'ies pending their
deposit 'with ,the National Archives of the United States
or, their ~ disposkioin iw "!other' manner, authorized by
15 ",(.a).,:The Administrator, may establish, maintain, and
16 Operate-,-r
17
18
19'
20
21, ' - flaw;'sad
22
"~(2) centralized microfilming services for - Federal
16
23 ' ~ageneies.
24
"(b) When the head of a Federal agency determines
25 that it may effect substantial economies or increased oper-
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1 ating efriciency, lie shall provide: for appropriate :storage,
2 processing, and servicing of records in a records center. main-
3 tained and operated by the Administrator. or, whou approved
4 by him, in a center maintained. and .operated by the head .of
6 2710. Interagency records, traansfero
7 "Subject to applicable law, the Administrator; shall pre-
S scribe rules governing the transfer. of ;records from , the, cus-
9 tody of one Federal agency to that, of, any, other Federal
5 the Federal agency.
10 agency.
11 "? 2711. Retention of, records
12 "The Administrator may empower a Federal agency,
13 upon the submission of evidence of need, to retain. records for
4 a longer period than that specified in disposaiyl; schedules. The
15 Administrator may withdraw, in accordance, with, rules pre-
1G scribed by hits, disposal authorizations covering , records
17
listed in disposal schedules. , . .
"? 2712. Certifications and de&erminations on transferred
records
20 "An official of the Federal Government ? who is author-
21 ized to certify to facts on the,basis of records in his custody,
22 mar certify to facts on the basis of records that have been
23 transferred by liint or his predecessors to the Administrator,
24 and may authorize the Administrator to certify to facts and
25 to make administrative determinations on the basis of records
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1 transferred to the Administrator, notwithstanding any other
2 law.
3 "?2713. Safeguards
4 "The head of each Federal agency shall establish safe-
5 guards against the removal or loss of records he determines
6 to be necessary and required by rules of the Administrator.
7 Safeguards shall include making it known to officials and
8 employees of the Federal agency-
9 `` (1) that records in the custody ' of such agency
10 are not to be alienated or destroyed except in accord-
11 ance with sections 3301 through 3314 of this title; and
12 " (2) the penalties provided by law for the unlaw-
13 ful removal or destruction of records.
14 "? 2714. Unlawful removal, destruction of records
15 "The head of each Federal agency shall notify the
16 Administrator of any actual, impending, or threatened un-
17 lawful removal, defacing, alteration, or destruction of rec-
18 ords in the custody of the agency of which he is the head
19 that shall come to his attention, and with the assistance of
20 the Administrator shall initiate action through the Attorney
21 General for the recovery of records he knows or has reason
22 to believe have been unlawfully removed from his agency,
23 or from another Federal agency whose records have been
24 transferred to his legal custody.
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1 12715. Records management perw4nel
2 "The head of each Federal agency shall establish with-
3 in each such agency a centralized personnel system to ad-
4 minister the records management of each such agency. The
5 head of each Federal agency shall appoint and fix the pay
6 of such staff as is considered necessary to carry out such
7 records management.
8 "? 2716. Authority of Comptroller General
9 "The provisions of this chapter and of section 2101
10 through section 2113,, and section 2501, through section
11 2507, do not limit the authority of the Comptroller Gen-
12 oral of the United States with respect to prescribing account-
13 ing systems, forms, and procedures, or lessen the responsi-
1.4 bility of collecting and disbursing officers for rendition of
15 their accounts for settlement by the General Accounting
16 Office.
17 "?2717. Rules
18 "The Administrator may prescribe such rules as he con-
19 siders necessary to carry out the provisions of this chapter.".
20 (1)) The table of chapters for title 44, United States
21
22
23
Code, is amended by striking out the items relating to chapter
27, through chapter 31, and inserting in lieu thereof the fol-
lowing new item :
"27. Records management------------------------------- --- 2701".
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 Approved Foe lease 2002/05/09 : CIA-RDP86-0089000100070001-6
20
1 DEFINITION OF RECORDS
2 SEC.. 3. Section 3301 of title 44, united States Code,
3 is amended,by inserting "nauhine readable.materials," im-
4 mediately after "photographs,".
1) EFFECTIVE, DATE,
6 SEC. 4. The foregoing provisions of this Act shall take
7 effect on the date of the enactment of this Act, except that
8 any requirement for the transmission of reports to the Ad-
9 miiristrator by the heads of Federal agencies or for the trans-
10 mission of reports gip. the Congress by the Administrator,
11 shall apply with ; respect to calendar, years beginning after
12 the close of.;DecVmber, 31, 1974.
Approved For Release 2002/05/09 : CIA-RDP86-00895R000100070001-6