US (United States) Code. Title 44. Chapter 33: Disposal of records

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public printing and documents

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 31 páginas
publicidad
publicidad

-CITE-

44 USC CHAPTER 33 - DISPOSAL OF RECORDS 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

CHAPTER 33 - DISPOSAL OF RECORDS

-MISC1-

Sec.

3301. Definition of records.

3302. Regulations covering lists of records for disposal,

procedure for disposal, and standards for

reproduction.

3303. Lists and schedules of records to be submitted to

Archivist by head of each Government agency.(!1)

3303a. Examination by Archivist of lists and schedules of

records lacking preservation value; disposal of

records.

[3304 to 3307. Repealed.]

3308. Disposal of similar records where prior disposal was

authorized.

3309. Preservation of claims of Government until settled in

General Accounting Office; disposal authorized upon

written approval of Comptroller General.

3310. Disposal of records constituting menace to health,

life, or property.

3311. Destruction of records outside continental United

States in time of war or when hostile action seems

imminent; written report to Archivist.

3312. Photographs or microphotographs of records considered

as originals; certified reproductions admissible in

evidence.

3313. Moneys from sale of records payable into the Treasury.

3314. Procedures for disposal of records exclusive.

3315. Definitions.

3316. Establishment of Commission.

3317. Duties of Commission.

3318. Membership.

3319. Director and staff; experts and consultants.

3320. Powers of Commission.

3321. Support services.

3322. Report.

3323. Termination.

3324. Authorization of appropriations.

AMENDMENTS

1984 - Pub. L. 98-497, title I, Sec. 107(b)(25)(D), Oct. 19,

1984, 98 Stat. 2290, substituted "Archivist" for "Administrator of

General Services" in items 3303, 3303a, and 3311.

1976 - Pub. L. 94-575, Sec. 4(c)(1), Oct. 21, 1976, 90 Stat.

2727, struck out "; approval by President" after "standards for

reproduction" in item 3302.

1974 - Pub. L. 93-526, title II, Sec. 203, Dec. 19, 1974, 88

Stat. 1702, added items 3315 to 3324.

1970 - Pub. L. 91-287, Sec. 3, June 23, 1970, 84 Stat. 322,

inserted item 3303a and struck out items 3304 "Lists and schedules

of records lacking preservation value; submission to Congress by

Administrator of General Services", 3305 "Examination of lists and

schedules by joint congressional committee and report to Congress",

3306 "Disposal of records by head of Government agency upon

notification by Administrator of General Services of action by

joint congressional committee", and 3307 "Disposal of records upon

failure of joint congressional committee to act".

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1503, 2115, 2116, 2901,

2902, 3504, 3505, 3538, 3549 of this title; title 5 section 552b;

title 28 section 594; title 49 section 30302.

-FOOTNOTE-

(!1) Does not conform to section catchline.

-End-

-CITE-

44 USC Sec. 3301 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3301. Definition of records

-STATUTE-

As used in this chapter, "records" includes all books, papers,

maps, photographs, machine readable materials, or other documentary

materials, regardless of physical form or characteristics, made or

received by an agency of the United States Government under Federal

law or in connection with the transaction of public business and

preserved or appropriate for preservation by that agency or its

legitimate successor as evidence of the organization, functions,

policies, decisions, procedures, operations, or other activities of

the Government or because of the informational value of data in

them. Library and museum material made or acquired and preserved

solely for reference or exhibition purposes, extra copies of

documents preserved only for convenience of reference, and stocks

of publications and of processed documents are not included.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1299; Pub. L. 94-575, Sec.

4(c)(2), Oct. 21, 1976, 90 Stat. 2727.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 366 (July 7, 1943, ch. 192,

Sec. 1, 57 Stat. 380).

AMENDMENTS

1976 - Pub. L. 94-575 expanded "records" to include "machine

readable materials".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2901, 3105 of this title;

title 10 section 7545.

-End-

-CITE-

44 USC Sec. 3302 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3302. Regulations covering lists of records for disposal,

procedure for disposal, and standards for reproduction

-STATUTE-

The Archivist shall promulgate regulations, not inconsistent with

this chapter, establishing -

(1) procedures for the compiling and submitting to him of lists

and schedules of records proposed for disposal,

(2) procedures for the disposal of records authorized for

disposal, and

(3) standards for the reproduction of records by photographic

or microphotographic processes with a view to the disposal of the

original records.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1299; Pub. L. 94-575, Sec.

4(c)(1), Oct. 21, 1976, 90 Stat. 2727; Pub. L. 98-497, title I,

Sec. 107(b)(23), Oct. 19, 1984, 98 Stat. 2290.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 367 (July 7, 1943, ch. 192,

Sec. 2, 57 Stat. 381; June 30, 1949, ch. 288, title I, Sec. 104, 63

Stat. 381).

AMENDMENTS

1984 - Pub. L. 98-497 substituted "Archivist" for "Administrator

of General Services".

1976 - Pub. L. 94-575 struck out "; approval by President" after

"standards for reproduction" in section catchline.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section

301 of Pub. L. 98-497, set out as a note under section 2102 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3105, 3303, 3303a, 3308,

3312 of this title.

-End-

-CITE-

44 USC Sec. 3303 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3303. Lists and schedules of records to be submitted to the

Archivist by head of each Government agency

-STATUTE-

The head of each agency of the United States Government shall

submit to the Archivist, under regulations promulgated as provided

by section 3302 of this title -

(1) lists of any records in the custody of the agency that have

been photographed or microphotographed under the regulations and

that, as a consequence, do not appear to have sufficient value to

warrant their further preservation by the Government;

(2) lists of other records in the custody of the agency not

needed by it in the transaction of its current business and that

do not appear to have sufficient administrative, legal, research,

or other value to warrant their further preservation by the

Government; and

(3) schedules proposing the disposal after the lapse of

specified periods of time of records of a specified form or

character that either have accumulated in the custody of the

agency or may accumulate after the submission of the schedules

and apparently will not after the lapse of the period specified

have sufficient administrative, legal, research, or other value

to warrant their further preservation by the Government.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1299; Pub. L. 98-497,

title I, Sec. 107(b)(23), (25)(A), Oct. 19, 1984, 98 Stat. 2290.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 368 (July 7, 1943, ch. 192,

Sec. 3, 57 Stat. 381; June 30, 1949, ch. 288, title I, Sec. 104(a),

63 Stat. 381).

AMENDMENTS

1984 - Pub. L. 98-497 substituted "the Archivist" for

"Administrator of General Services" in section catchline, and

"Archivist" for "Administrator of General Services" in text.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section

301 of Pub. L. 98-497, set out as a note under section 2102 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3105, 3303a of this

title.

-End-

-CITE-

44 USC Sec. 3303a 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3303a. Examination by Archivist of lists and schedules of

records lacking preservation value; disposal of records

-STATUTE-

(a) The Archivist shall examine the lists and schedules submitted

to him under section 3303 of this title. If the Archivist

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, research, or

other value to warrant their continued preservation by the

Government, he may, after publication of notice in the Federal

Register and an opportunity for interested persons to submit

comment thereon -

(1) notify the agency to that effect; and

(2) empower the agency to dispose of those records in

accordance with regulations promulgated under section 3302 of

this title.

(b) Authorizations granted under lists and schedules submitted to

the Archivist under section 3303 of this title, and schedules

promulgated by the Archivist under subsection (d) of this section,

shall be mandatory, subject to section 2909 of this title. As

between an authorization granted under lists and schedules

submitted to the Archivist under section 3303 of this title and an

authorization contained in a schedule promulgated under subsection

(d) of this section, application of the authorization providing for

the shorter retention period shall be required, subject to section

2909 of this title.

(c) The Archivist may request advice and counsel from the

Committee on Rules and Administration of the Senate and the

Committee on House Oversight 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 Archivist to request

such advice and counsel as a regular procedure in the general

disposal of records under this chapter.

(d) The Archivist shall 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

sufficient administrative, legal, research, or other value to

warrant their further preservation by the United States Government.

A Federal agency may request changes in such schedules for its

records pursuant to section 2909 of this title.

(e) The Archivist 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 Archivist shall make an annual report to the Congress

concerning the disposal of records under this chapter, including

general descriptions of the types of records disposed of and such

other information as he considers appropriate to keep the Congress

fully informed regarding the disposal of records under this

chapter.

-SOURCE-

(Added Pub. L. 91-287, Sec. 1, June 23, 1970, 84 Stat. 320; amended

Pub. L. 95-440, Sec. 1, Oct. 10, 1978, 92 Stat. 1063; Pub. L.

98-497, title I, Sec. 107(b)(24), (25)(B), title II, Sec. 204, Oct.

19, 1984, 98 Stat. 2290, 2294; Pub. L. 104-186, title II, Sec.

223(10), Aug. 20, 1996, 110 Stat. 1752.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-186 substituted "House Oversight"

for "House Administration".

1984 - Pub. L. 98-497, Sec. 107(b)(25)(B), substituted

"Archivist" for "Administrator of General Services" in section

catchline.

Subsec. (a). Pub. L. 98-497, Sec. 107(b)(24), substituted

"Archivist" for "Administrator of General Services" and "Archivist"

for "Administrator".

Pub. L. 98-497, Sec. 204, inserted ", after publication of notice

in the Federal Register and an opportunity for interested persons

to submit comment thereon" after "may" in second sentence.

Subsecs. (b) to (f). Pub. L. 98-497, Sec. 107(b)(24)(B),

substituted "Archivist" for "Administrator" wherever appearing.

1978 - Subsec. (b). Pub. L. 95-440, Sec. 1(a), made schedules

promulgated by Administrator under subsec. (d) of this section

mandatory; inserted provision for application of authorization

providing for shorter retention period as between an authorization

granted under lists and schedules submitted under section 3303 of

this title and an authorization in a schedule promulgated under

subsec. (d) of this section; and struck out provision making

permissive authorizations granted under subsec. (d) schedules.

Subsec. (d). Pub. L. 95-440, Sec. 1(b), (c), substituted "shall"

for "may" in first sentence and authorized Federal agencies to

request changes in disposal schedules for its records pursuant to

section 2909 of this title.

-CHANGE-

CHANGE OF NAME

Committee on House Oversight of House of Representatives changed

to Committee on House Administration of House of Representatives by

House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

-MISC2-

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section

301 of Pub. L. 98-497, set out as a note under section 2102 of this

title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in subsec. (f) of this section, see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance, and the 7th item on page 180 of House Document No.

103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3105 of this title.

-End-

-CITE-

44 USC Secs. 3304 to 3307 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

[Secs. 3304 to 3307. Repealed. Pub. L. 91-287, Sec. 2(c), June 23,

1970, 84 Stat. 321]

-MISC1-

Section 3304, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1300,

related to submission of lists and schedules of records lacking

preservation value by the Administrator of General Services to

Congress. See section 3303a of this title.

Section 3305, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1300,

related to examination of lists and schedules by joint

congressional committees and report to Congress. See section 3303a

of this title.

Section 3306, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1300,

related to disposal of records by head of Government agency upon

notification by Administrator of action by joint congressional

committee. See section 3303a of this title.

Section 3307, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1301,

related to disposal of records upon failure of joint congressional

committees to act. See section 3303a of this title.

-End-

-CITE-

44 USC Sec. 3308 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3308. Disposal of similar records where prior disposal was

authorized

-STATUTE-

When it appears to the Archivist that an agency has in its

custody, or is accumulating, records of the same form or character

as those of the same agency previously authorized to be disposed

of, he may empower the head of the agency to dispose of the

records, after they have been in existence a specified period of

time, in accordance with regulations promulgated under section 3302

of this title and without listing or scheduling them.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1301; Pub. L. 91-287, Sec.

2(a), June 23, 1970, 84 Stat. 321; Pub. L. 98-497, title I, Sec.

107(b)(23), Oct. 19, 1984, 98 Stat. 2290.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 373 (July 7, 1943, ch. 192,

Sec. 8, 57 Stat. 382; June 30, 1949, ch. 288, title I, Sec. 104(a),

63 Stat. 381).

AMENDMENTS

1984 - Pub. L. 98-497 substituted "Archivist" for "Administrator

of General Services".

1970 - Pub. L. 91-287 struck out "by Congress" after

"authorized".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section

301 of Pub. L. 98-497, set out as a note under section 2102 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3105 of this title.

-End-

-CITE-

44 USC Sec. 3309 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3309. Preservation of claims of Government until settled in

General Accounting Office; disposal authorized upon written

approval of Comptroller General

-STATUTE-

Records pertaining to claims and demands by or against the

Government of the United States or to accounts in which the

Government of the United States is concerned, either as debtor or

creditor, may not be disposed of by the head of an agency under

authorization granted under this chapter, until the claims,

demands, and accounts have been settled and adjusted in the General

Accounting Office, except upon the written approval of the

Comptroller General of the United States.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1301; Pub. L. 91-287, Sec.

2(b), June 23, 1970, 84 Stat. 321.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 374 (July 7, 1943, ch. 192,

Sec. 9, 57 Stat. 382).

AMENDMENTS

1970 - Pub. L. 91-287 substituted "under this chapter" for "under

sections 3306-3308 of this title".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3105 of this title.

-End-

-CITE-

44 USC Sec. 3310 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3310. Disposal of records constituting menace to health, life,

or property

-STATUTE-

When the Archivist and the head of the agency that has custody of

them jointly determine that records in the custody of an agency of

the United States Government are a continuing menace to human

health or life or to property, the Archivist shall eliminate the

menace immediately by any method he considers necessary. When

records in the custody of the Archivist are disposed of under this

section, the Archivist shall report their disposal to the agency

from which they were transferred.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1301; Pub. L. 98-497,

title I, Sec. 107(b)(24), Oct. 19, 1984, 98 Stat. 2290.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 375 (July 7, 1943, ch. 192,

Sec. 10, 57 Stat. 382; June 30, 1949, ch. 288, title I, Sec.

104(a), 63 Stat. 381).

AMENDMENTS

1984 - Pub. L. 98-497 substituted "Archivist" for "Administrator

of General Services" and "Archivist" for "Administrator" wherever

appearing.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section

301 of Pub. L. 98-497, set out as a note under section 2102 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3105 of this title.

-End-

-CITE-

44 USC Sec. 3311 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3311. Destruction of records outside continental United States

in time of war or when hostile action seems imminent; written

report to Archivist

-STATUTE-

During a state of war between the United States and another

nation, or when hostile action by a foreign power appears imminent,

the head of an agency of the United States Government may authorize

the destruction of records in his legal custody situated in a

military or naval establishment, ship, or other depository 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.

Within six months after their disposal, the official who directed

the disposal shall submit a written report to the Archivist in

which he shall describe the character of the records and state when

and where he disposed of them.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1301; Pub. L. 98-497,

title I, Sec. 107(b)(23), (25)(C), Oct. 19, 1984, 98 Stat. 2290.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 376 (July 7, 1943, ch. 192,

Sec. 11, 57 Stat. 382; June 30, 1949, ch. 288, title I, Sec.

104(a), 63 Stat. 381).

AMENDMENTS

1984 - Pub. L. 98-497 substituted "Archivist" for "Administrator

of General Services" in section catchline and text.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section

301 of Pub. L. 98-497, set out as a note under section 2102 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3105 of this title.

-End-

-CITE-

44 USC Sec. 3312 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3312. Photographs or microphotographs of records considered as

originals; certified reproductions admissible in evidence

-STATUTE-

Photographs or microphotographs of records made in compliance

with regulations under section 3302 of this title shall have the

same effect as the originals and shall be treated as originals for

the purpose of their admissibility in evidence. Certified or

authenticated reproductions of the photographs or microphotographs

shall be admitted in evidence equally with the original photographs

or microphotographs.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1302.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 378 (July 7, 1943, ch. 192,

Sec. 13, 57 Stat. 382).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3105 of this title.

-End-

-CITE-

44 USC Sec. 3313 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3313. Moneys from sale of records payable into the Treasury

-STATUTE-

Moneys derived by agencies of the Government from the sale of

records disposed of under this chapter shall be paid into the

Treasury of the United States unless otherwise required by law.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1302.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 379 (July 7, 1943, ch. 192,

Sec. 14, 57 Stat. 383).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3105 of this title.

-End-

-CITE-

44 USC Sec. 3314 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3314. Procedures for disposal of records exclusive

-STATUTE-

The procedures prescribed by this chapter are exclusive, and

records of the United States Government may not be alienated or

destroyed except under this chapter.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1302.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 380 (July 7, 1943, ch. 192,

Sec. 15, 57 Stat. 383).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3105 of this title.

-End-

-CITE-

44 USC Sec. 3315 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3315. Definitions

-STATUTE-

For purposes of this section and section 3316 through section

3324 of this title -

(1) the term "Federal official" means any individual holding

the office of President or Vice President of the United States,

or Senator or Representative in, or Delegate or Resident

Commissioner to, the Congress of the United States, or any

officer of the executive, judicial, or legislative branch of the

Federal Government;

(2) the term "Commission" means the National Study Commission

on Records and Documents of Federal Officials; and

(3) the term "records and documents" shall include handwritten

and typewritten documents, motion pictures, television tapes and

recordings, magnetic tapes, automated data processing

documentation in various forms, and other records that reveal the

history of the Nation.

-SOURCE-

(Added Pub. L. 93-526, title II, Sec. 202, Dec. 19, 1974, 88 Stat.

1698.)

-MISC1-

TERMINATION OF COMMISSION

For provision that Commission is to cease to exist sixty days

after transmitting its report, see section 3323 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3317, 3319, 3320, 3324 of

this title.

-End-

-CITE-

44 USC Sec. 3316 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3316. Establishment of Commission

-STATUTE-

There is established a commission to be known as the National

Study Commission on Records and Documents of Federal Officials.

-SOURCE-

(Added Pub. L. 93-526, title II, Sec. 202, Dec. 19, 1974, 88 Stat.

1699.)

-MISC1-

TERMINATION OF COMMISSION

For provision that Commission is to cease to exist sixty days

after transmitting its report, see section 3323 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3315, 3317, 3319, 3320,

3324 of this title.

-End-

-CITE-

44 USC Sec. 3317 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3317. Duties of Commission

-STATUTE-

It shall be the duty of the Commission to study problems and

questions with respect to the control, disposition, and

preservation of records and documents produced by or on behalf of

Federal officials, with a view toward the development of

appropriate legislative recommendations and other recommendations

regarding appropriate rules and procedures with respect to such

control, disposition, and preservation. Such study shall include

consideration of -

(1) whether the historical practice regarding the records and

documents produced by or on behalf of Presidents of the United

States should be rejected or accepted and whether such practice

should be made applicable with respect to all Federal officials;

(2) the relationship of the findings of the Commission to the

provisions of chapter 19 of this title, section 2101 through

section 2108 (!1) of this title, and other Federal laws relating

to the control, disposition, and preservation of records and

documents of Federal officials;

(3) whether the findings of the Commission should affect the

control, disposition, and preservation of records and documents

of agencies within the Executive Office of the President created

for short-term purposes by the President;

(4) the recordkeeping procedures of the White House Office,

with a view toward establishing means to determine which records

and documents are produced by or on behalf of the President;

(5) the nature of rules and procedures which should apply to

the control, disposition, and preservation of records and

documents produced by Presidential task forces, commissions, and

boards;

(6) criteria which may be used generally in determining the

scope of materials which should be considered to be the records

and documents of Members of the Congress;

(7) the privacy interests of individuals whose communications

with Federal officials, and with task forces, commissions, and

boards, are a part of the records and documents produced by such

officials, task forces, commissions, and boards; and

(8) any other problems, questions, or issues which the

Commission considers relevant to carrying out its duties under

section 3315 through section 3324 of this title.

-SOURCE-

(Added Pub. L. 93-526, title II, Sec. 202, Dec. 19, 1974, 88 Stat.

1699.)

-REFTEXT-

REFERENCES IN TEXT

Sections 2103 through 2108 of this title, referred to in par.

(2), were renumbered as sections 2107 through 2112 of this title by

Pub. L. 98-497, title I, Sec. 102(a)(1), Oct. 19, 1984, 98 Stat.

2280.

-MISC1-

TERMINATION OF COMMISSION

For provision that Commission is to cease to exist sixty days

after transmitting its report, see section 3323 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3315, 3319, 3320, 3324 of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

44 USC Sec. 3318 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3318. Membership

-STATUTE-

(a)(1) The Commission shall be composed of seventeen members as

follows:

(A) one Member of the House of Representatives appointed by the

Speaker of the House upon recommendation made by the majority

leader of the House;

(B) one Member of the House of Representatives appointed by the

Speaker of the House upon recommendation made by the minority

leader of the House;

(C) one Member of the Senate appointed by the President pro

tempore of the Senate upon recommendation made by the majority

leader of the Senate;

(D) one Member of the Senate appointed by the President pro

tempore of the Senate upon recommendation made by the minority

leader of the Senate;

(E) one member of the Federal judiciary appointed by the Chief

Justice of the United States;

(F) one person employed by the Executive Office of the

President or the White House Office, appointed by the President;

(G) three appointed by the President, by and with the advice

and consent of the Senate, from persons who are not officers or

employees of any government and who are specially qualified to

serve on the Commission by virtue of their education, training,

or experience;

(H) one representative of the Department of State, appointed by

the Secretary of State;

(I) one representative of the Department of Defense, appointed

by the Secretary of Defense;

(J) one representative of the Department of Justice, appointed

by the Attorney General;

(K) the Administrator of General Services (or his delegate);

(L) the Librarian of Congress;

(M) one member of the American Historical Association,

appointed by the counsel of such Association;

(N) one member of the Society of American Archivists, appointed

by such Society; and

(O) one member of the Organization of American Historians,

appointed by such Organization.

(2) No more than two members appointed under paragraph (1)(G) may

be of the same political party.

(b) A vacancy in the Commission shall be filled in the manner in

which the original appointment was made.

(c) If any member of the Commission who was appointed to the

Commission as a Member of the Congress leave such office, or if any

member of the Commission who was appointed from persons who are not

officers or employees of any government becomes an officer or

employee of a government, he may continue as a member of the

Commission for no longer than the sixty-day period beginning on the

date he leaves such office or becomes such an officer or employee,

as the case may be.

(d) Members shall be appointed for the life of the Commission.

(e)(1) Members of the Commission shall serve without pay.

(2) While away from their homes or regular places of business in

the performance of services for the Commission, members of the

Commission shall be allowed travel expenses in the same manner as

persons employed intermittently in the service of the Federal

Government are allowed expenses under section 5703 of title 5,

United States Code, except that per diem in lieu of subsistence

shall be paid only to those members of the Commission who are not

full-time officers or employees of the United States or Members of

the Congress.

(f) The Chairman of the Commission shall be designated by the

President from among members appointed under subsection (a)(1)(G).

(g) The Commission shall meet at the call of the Chairman or a

majority of its members.

-SOURCE-

(Added Pub. L. 93-526, title II, Sec. 202, Dec. 19, 1974, 88 Stat.

1699; amended Pub. L. 94-261, Sec. 1(a), Apr. 11, 1976, 90 Stat.

326.)

-MISC1-

AMENDMENTS

1976 - Subsec. (a)(1)(E). Pub. L. 94-261, Sec. 1(a)(1),

substituted "one member of the Federal judiciary appointed by the

Chief Justice of the United States;" for "one Justice of the

Supreme Court, appointed by the Chief Justice of the United

States;".

Subsec. (e)(2). Pub. L. 94-261, Sec. 1(a)(2), substituted

"section 5703 of title 5, United States Code" for "section 5703(b)

of title 5, United States Code".

TERMINATION OF COMMISSION

For provision that Commission is to cease to exist sixty days

after transmitting its report, see section 3323 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3315, 3317, 3319, 3320,

3324 of this title.

-End-

-CITE-

44 USC Sec. 3319 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3319. Director and staff; experts and consultants

-STATUTE-

(a) The Commission shall appoint a Director who shall be paid at

a rate not to exceed the rate of basic pay in effect for level V of

the Executive Schedule (5 U.S.C. 5316).

(b) The Commission may appoint and fix the pay of such additional

personnel as it deems necessary.

(c)(1) The Commission may procure temporary and intermittent

services to the same extent as is authorized by section 3109(b) of

title 5, United States Code, but at rates for individuals not to

exceed the daily equivalent of the annual rate of basic pay in

effect for grade GS-15 of the General Schedule (5 U.S.C. 5332).

(2) In procuring services under this subsection, the Commission

shall seek to obtain the advice and assistance of constitutional

scholars and members of the historical, archival, and journalistic

professions.

(d) Upon request of the Commission, the head of any Federal

agency is authorized to detail, on a reimbursable basis, any of the

personnel of such agency to the Commission to assist it in carrying

out its duties under sections 3315 through 3324 of this title.

-SOURCE-

(Added Pub. L. 93-526, title II, Sec. 202, Dec. 19, 1974, 88 Stat.

1701.)

-MISC1-

TERMINATION OF COMMISSION

For provision that Commission is to cease to exist sixty days

after transmitting its report, see section 3323 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3315, 3317, 3320, 3324 of

this title.

-End-

-CITE-

44 USC Sec. 3320 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3320. Powers of Commission

-STATUTE-

(a) The Commission may, for the purpose of carrying out its

duties under sections 3315 through 3324 of this title, hold such

hearings, sit and act at such times and places, take such

testimony, and receive such evidence, as the Commission may deem

desirable.

(b) When so authorized by the Commission, any member or agent of

the Commission may take any action which the Commission is

authorized to take by this section.

(c) The Commission may secure directly from any department or

agency of the United States information necessary to enable the

Commission to carry out its duties under section 3315 through

section 3324 of this title. Upon request of the Chairman of the

Commission, the head of such department or agency shall furnish

such information to the Commission.

-SOURCE-

(Added Pub. L. 93-526, title II, Sec. 202, Dec. 19, 1974, 88 Stat.

1701.)

-MISC1-

TERMINATION OF COMMISSION

For provision that Commission is to cease to exist sixty days

after transmitting its report, see section 3323 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3315, 3317, 3319, 3324 of

this title.

-End-

-CITE-

44 USC Sec. 3321 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3321. Support services

-STATUTE-

(a) The Administrator of General Services shall provide to the

Commission on a reimbursable basis such administrative support

services and assistance as the Commission may request.

(b) The Archivist of the United States shall provide to the

Commission on a reimbursable basis such technical and expert

advice, consultation, and support assistance as the Commission may

request.

-SOURCE-

(Added Pub. L. 93-526, title II, Sec. 202, Dec. 19, 1974, 88 Stat.

1701.)

-MISC1-

TERMINATION OF COMMISSION

For provision that Commission is to cease to exist sixty days

after transmitting its report, see section 3323 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3315, 3317, 3319, 3320,

3324 of this title.

-End-

-CITE-

44 USC Sec. 3322 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3322. Report

-STATUTE-

The Commission shall transmit to the President and to each House

of the Congress a report not later than March 31, 1977. Such report

shall contain a detailed statement of the findings and conclusions

of the Commission, together with its recommendations for such

legislation, administrative actions, and other actions, as it deems

appropriate.

-SOURCE-

(Added Pub. L. 93-526, title II, Sec. 202, Dec. 19, 1974, 88 Stat.

1701; amended Pub. L. 94-261, Sec. 1(b), Apr. 11, 1976, 90 Stat.

326.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-261 substituted "March 31, 1977" for "March 31,

1976".

TERMINATION OF COMMISSION

For provision that Commission is to cease to exist sixty days

after transmitting its report, see section 3323 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3315, 3317, 3319, 3320,

3323, 3324 of this title.

-End-

-CITE-

44 USC Sec. 3323 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3323. Termination

-STATUTE-

The Commission shall cease to exist sixty days after transmitting

its report under section 3322 of this title.

-SOURCE-

(Added Pub. L. 93-526, title II, Sec. 202, Dec. 19, 1974, 88 Stat.

1701.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3315, 3317, 3319, 3320,

3324 of this title.

-End-

-CITE-

44 USC Sec. 3324 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 33 - DISPOSAL OF RECORDS

-HEAD-

Sec. 3324. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated such sums as may be

necessary to carry out section 3315 through section 3324 of this

title.

-SOURCE-

(Added Pub. L. 93-526, title II, Sec. 202, Dec. 19, 1974, 88 Stat.

1701.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3315, 3317, 3319, 3320 of

this title.

-End-