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dence of the text of the documents and of the fact that they are in effect on and after the date of publication. (f) The Administrative Committee shalLprescribe, with the approval of the President, regulations for carrying out this section. (g) This section does not require codification of the text of Presidential documents published and periodically compiled in supplements to Title 3 of the Code of Federal Regulations. §1511. International agreements excluded from provisions of chapter This chapter does not apply to treaties, conventions, protocols, and other international agreements, or proclamations thereof by the President. CHAPTER 17—DISTRIBUTION AND SALE OF PUBLIC DOCUMENTS Sec.

1701. Publications for public distribution to be distributed by the Public Printer; mailing lists. 1702. Superintendent of Documents; sale of documents. 1703. Superintendent of Documents: assistants, blanks, printing and binding. 1704. Superintendent of Documents: pay of employees for night, Sunday, holiday, and overtime work. 1705. Printing additional copies for sale to public; regulations. 1706. Printing and sale of extra copies of documents. 1707. Reprinting of documents required for sale. 1708. Prices for sales copies of publications; crediting of receipts; resale by dealers; sales agents. 1709. Blank forms: printing and sale to public. 1710. Index of documents: number and distribution. 1711. Catalog of Government publications. 1712. Documents for use of the Public Printer. 1713. Documents to be delivered to the Executive Mansion. 1714. Publications for use of General Services Administration. 1715. Publications for department or officer or for congressional committees. 1716. Public documents for legations and consulates of United States. 1717. Documents and reports for foreign legations. 1718. Distribution of Government publications to the Library of Congress. 1719. International exchange of Government publications. 1720. Documents not needed by departments to be turned over to Superintendent of Documents. 1721. Exchange of documents by heads of departments. 1722. Departmental distribution of publications,

§ 1701. Publications for public distribution to be distributed by the Public Printer; mailing lists Money appropriated by any Act may not be used for services in an executive department or other Government establishment at the District of Columbia, in the work of addressing, wrapping, mailing, or otherwise dispatching a publication for public distribution, except maps, weather reports, and weather cards issued by them or for the purchase of material or supplies to be used in this work. The Public Printer shall perform this work at the Government Printing Office. The head of an executive department, independent office, and establishment of the Government at the District of Columbia, shall furnish from time to time to the Public Printer mailing lists^ in convenient form, and changes in them, or penalty mail slips, for use m the public distribution of pmblications issued by the department or establishment. The Public Printer may furnish copies of a publication only in accordance with law or the instruction of the head of the department or establishment issuing the publication.

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This section does not apply to orders, instructions, directions, notices, or circulars of information printed for and issued by an executive department or other Government establishment or to the distribution of public documents by Senators or Members of the House of Representatives or to the Senate Service Department, House of Representatives Publications Distribution Service, and document rooms of the Senate or House of Representatives. § 1702. Superintendent of Documents; sale of documents The Public Printer shall appoint a competent person to act as Superintendent of Documents who shall be under the control of the Public Printer. When an officer of the Government having in his charge documents published for sale desires to be relieved of them, he may turn them over to the Superintendent of Documents, who shall receive and sell them under this section. Moneys received from the sale of documents shall be returned to the Public Printer on the first day of each month and be covered into the Treasury monthly. The Superintendent of Documents shall also report monthly to the Public Printer the number of documents received by him and the disposition made of them. H e shall have general supervision of the distribution of all public documents, and to his custody shall be committed all documents subject to distribution, excepting those printed for the special official use of the executive departments, which shall be delivered to the departments, and those printed for the use of the two Houses of Congress, which shall be delivered to the Senate Service Department and House of Representatives Publications Distribution Service and distributed or delivered ready for distribution to Members upon their order by the superintendents of the Senate Service Department and House Publications Distribution Service, respectively. §1703. Superintendent of Documents: assistants, blanks, printing and binding The Public Printer, upon the requisition of the Superintendent of Documents, shall appoint necessary assistants, furnish blanks, and do the printing and binding required by his office, the cost to be charged against the appropriation for printing and binding for Congreas, The Public Printer shall provide convenient office, storage, and distributing rooms for the use of the Superintendent of Documents. § 1704. Superintendent of Documents: pay of employees for night, Sunday, holiday, and overtime work Employees in the office of the Superintendent of Documents may be paid for night, Sunday, holiday, and overtime work at rates not in excess of the rates of additional pay for this work allowed other employees of the Government Printing Office under section 305 of this title. §1705. Printing additional copies for sale to public; regulations The Public Printer shall print additional copies of a Government publication, not confidential in character, required for sale to the public by the Superintendent of Documents, subject to regulation by the Joint Committee on Printing and without interference with the prompt execution of printing for the Government. § 1706. Printing and sale of extra copies of documents The Public Printer shall furnish to applicants giving notice before the matter is put to press, not exceeding two hundred and fifty to any one applicant, copies of bills, reports, and documents. The applicants

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shall pay in advance the price of the printing. The printing of these copies for private parties may not interfere with the printing for the Government. § 1707. Reprinting of documents required for sale The Superintendent of Documents may order reprinted, from time to time, public documents required for sale, subject to the approval of the Secretary or head of the department in which the public document originated. The appropriation for printing and binding shall be reimbursed for the cost of reprints from the moneys received by the Superintendent of Documents from the sale of public documents. § 1708. Prices for sales copies of publications; crediting of receipts; resale by dealers; sales agents The price at which additional copies of Government publications are offered for sale to the public by the Superintendent of Documents shall be based on the cost as determined by the Public Printer plus 50 percent. A discount of not to exceed 25 percent may be allowed to book dealers and quantity purchasers, but the printing may not interfere with prompt execution of work for the Government. Surplus receipts from sales shall be deposited in the Treasury of the United States to the credit of miscellaneous receipts. The Superintendent of Documents may prescribe terms and conditions under which he authorizes the resale of Government publications by book dealers, and he may designate any Government officer his agent for the sale of Government publications under regulations agreed upon by the Superintendent of Documents and the head of the respective department or establishment of the Government. § 1709. Blank forms: printing and sale to public The Public Printer may prim for sale by the Superintendent of Documents to the public, upon prepayment, additional copies of approved Government blank forms. §1710. Index of documents: number and distribution The Superintendent of Documents, at the close of each regular session of Congress, shall prepare and publish a comprehensive index of public documents, upon a plan approved by the Joint Committee on Printing. The Public Printer shall, immediately upon its publication, deliver to him a copy of every document printed by the Government Printing Office. The head of each executive department, independent agency and establishment of the Government shall deliver to him a copy of every document issued or published by the department, bureau, or office not confidential in character. He shall also prepare and print in one volume a consolidated index of Congressional documents, and shall index single volumes of documents as the Joint Committee on Printing directs. Two thousand copies each of the comprehensive index and of the consolidated index shall be printed and bound in addition to the usual number, two hundred for the Senate, eight hundred far the House of Representatives and one thousand for distribution by the Superintendent of Documents. § 1711. Catalog of Government publications On the first day of each month the Superintendent of Documents shall prepare a catalog of Government publications which shall show the documents printed during the preceding month, where obtainable, and the price. Two thousand copies of the catalog shall be printed in pamphlet form for distribution.

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§ 1712. Documents for use of the Public Printer The Public Printer may retain out of all documents, bills, and resolutions printed the number of copies absolutely needful for the official use of the Government Printing Office, not exceeding five of each. § 1713. Documents to be delivered to the Executive Mansion The Public Printer shall deliver to the Executive Mansion two copies of each document, bill, and resolution as soon as printed and ready for distribution. § 1714. Publications for use of General Services Administration The Public Printer shall print and deliver to the General Services Administration for use by the Archivist of the United States, including use by the Presidential Library established for the President during whose term the documents were issued, which shall be chargeable to Congress three copies each of the following publications: House documents and public reports, bound; Senate documents and public reports, bound; Senate and House journals, bound; United States Code and Supplements, bound; United States Statutes at Large, bound; the United States Reports, bound; all other documents bearing a congressional number, or printed upon order of a committee in either House of Congress, or of a department, independent agency or establishment, commission, or officer of the Government, except confidential matter, blank forms, and circular letters not of a public character; and public bills and resolutions in Congress in each parliamentary stage. The Superintendent of Documents shall furnish, without cost, copies of publications available for free distribution. § 1715. Publications for department or officer or for congressional committees When printing not bearing a congressional number, except confidential matter, blank forms, and circular letters not of a public character, is done for a department or officer of the Government, or not of a confidential character, is done for use of congressional committees, two copies shall be sent, unless withheld by order of the committee, by the Public Printer to the Senate and House of Representatives libraries, respectively, and one copy each to the document rooms of the Senate and House of Representatives, for reference; and these copies may not be removed. § 1716. Public documents for legations and consulates of United

States

Only books published by the Government, and usually known by the name of "Public Documents", may be supplied to a legation or consulate of the United States as are first designated by the Secretary of State, by an order to be recorded in the State Department, as suitable for and required by the legation and consulate. § 1717. Documents and reports for foreign legations Documents and reports may be furnished to foreign legations to the United States upon request stating those desired and requisition upon the Public Printer by the Secretary of State. Gratuitous distribution may only be made to legations whose Governments furnish

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to legations from the United States copies of their printed and legislative documents desired. §1718. Distribution of Government publications to the Library of Congress There shall be printed and furnished to the Library of Congress for official use in the District of Columbiaj and for international exchange as provided by section 1719 of this title, not to exceed one hundred and fifty copies of: House documents and reports, bound; Senate documents and reports, bound; Senate and House journals, bound; public bills and resolutions; the United States Code and supplements, bound; and all other publications and maps which are printed, or otherwise reproduced, under authority of law, upon the requisition of a Congressional committee, executive department, bureau, independent office, establishment, commission, or officer of the Government. Confidential matter, blank forms, and circular letters not of a public character shall be excepted. In addition, there shall be delivered as printed to the Library of Congress: ten copies of each House document and report, unbound; ten copies of each Senate document and report, unbound; and ten copies of each private bill and resolution and fifty copies of the laws in slip form. § 1719. International exchange of Government publications For the purpose of more fully carrying into effect the convention concluded at Brussels on March 15, 1886, and proclaimed by the President of the United States on January 15, 1889, there shall be sup25 Stat. 1465. pHed to the Library of Congress not to exceed one hundred and twenty-five copies each of all Government publications, including the daily and bound copies of the Congressional Record, for distribution, through the Smithsonian Institution, to foreign governments which agree to send to the United States similar publications of their governments for delivery to the Library of Congress. § 1720. Documents not needed by departments to be turned over to Superintendent of Documents Public documents accumulating in the several executive departments, bureaus, and offices, not needed for official use, shall be turned over to the Superintendent of Documents annually for distribution or sale. § 1721. Exchange of documents by heads of departments Heads of departments may exchange surplus documents for other documents and books required by them, when it is to the advantage of the public service. § 1722. Departmental distribution of publications Government publications printed for or received by the executive departments, whether for official use or for distribution, except those re<]^uired by section 1701 of this title to be distributed by the Public Printer, shall be distributed by a competent person detailed to this duty in each department by the head of the department. He shall prevent duplication and make detailed report to the head of the department.

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CHAPTER 1 9 ^ D E P 0 S I T 0 R Y LIBRARY PROGRAM Sec.

1901. Definition of Government publication. 1902. Availability of Government publications through Superintendent of Documents; lists of publications not ordered from Government Printing Office. 1903. Distribution of publications to depositories; notice to Government components; cost of printing and binding. 1904. Classified list of Government publications for selection by depositories. 1905. Distribution to depositories; designation of additional libraries; justification; authorization for certain designations. 1906. Land-grant colleges constituted depositories. 1907. Libraries of executive departments, service academies, and independent agencies constituted depositories; certifications of need; disposal of unwanted publications. 1908. American Antiquarian Society to receive certain publications. 1909. Requirements of depository libraries; reports on conditions; investigations; termination; replacement. 1910. Designations of replacement depositories; limitations on numbers; conditions. 1911. Free use of Government publications in depositories; disposal of unwanted publications. 1912. Regional depositories; designation; functions; disposal of publications. 1913. Appropriations for supplying depository libraries; restriction. 1914. Implementation of depository library program by Public Printer.

§ 1901. Definition of Government publication "Government publication" as used in this chapter, means informational matter which is published as an individual document at Government expense, or as required by law. § 1902. Availability of Government publications through Superintendent of Documents; lists of publications not ordered from Government Printing Office Government publications, except those determined by their issuing components to be required for official use only or for strictly administrative or operational purposes which have no public interest or educational value and publications classified for reasons of national security, shall be made available to depository libraries through the facilities of the Superintendent of Documents for public information. Each component of the Government shall furnish the Superintendent of Documents a list of such publications it issued during the previous month, that were obtained from sources other than the Government Printing Office. § 1903. Distribution of publications to depositories; notice to Government components; cost of printing and binding Upon request of the Superintendent of Documents, components of the Government ordering the printing of publications shall either increase or decrease the number of copies of publications furnished for distribution to designated depository libraries and State libraries so that the number of copies delivered to the Superintendent of Documents is equal to the number of libraries on the list. The number thus delivered may not be restricted by any statutory limitation in force on August 9, 1962. Copies of publications furnished the Superintendent of Documents for distribution to designated depository libraries shall include— the journals of the Senate and House of Representatives; all publications, not confidential in character, printed upon the requisition of a congressional committee; Senate and House public bills and resolutions; and reports on private bills, concurrent or simple resolutions; but not so-called cooperative publications which must necessarily be sold in order to be self-sustaining.

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The Superintendent of Documents shall currently inform the components of the Government ordering printing of publications as to the number of copies of their publications required for distribution to depository libraries. The cost of printing and binding those publications distributed to depository libraries obtained elsewhere than from the Government Printing Office, shall be borne by components of the Government responsible for their issuance; those requisitioned from the Government Printing Office shall be charged to appropriations provided the Superintendent of Documents for that purpose. § 1904. Classified list of Government publications for selection by depositories The Superintendent of Documents shall currently issue a classified list of Government publications in suitable form, containing annotations of contents and listed by item identification numbers to facilitate the selection of only those publications needed by depository libraries. The selected publications shall be distributed to depository libraries in accordance with regulations of the Superintendent of Documents, as long as they fulfill the conditions provided by law. § 1905. Distribution to depositories; designation of additional libraries; justification; authorization for certain designations The Government publications selected from lists prepared by the Superintendent of Documents, and when requested from him, shall be distributed to depository libraries specifically designated by law and to libraries designated by Senators, Representatives, and the Resident Commissioner from Puerto Rico, by the Commissioner of the District of Columbia, and by the Governors of Guam, American Samoa, and the Virgin Islands, respectively. Additional libraries within areas served by Representatives or the Resident Commissioner from Puerto Rico may be designated by them to receive Government ublications to the extent that the total number of libraries designated y them does not exceed two within each area. Not more than two additional libraries within a State may be designated by each Senator from the State. Before an additional library within a State, congressional district or the Commonwealth of Puerto Rico is designated as a depository for Government publications, the head of that library shall furnish his Senator, Representative, or the Resident Commissioner from Puerto Rico, as the case may be, with justification of the necessity for the additional designation. The justification, which shall also include a certification as to the need for the additional depository library designation, shall be signed by the head of every existing depository library within the congressional district or the Commonwealth of Puerto Rico or by the head of the library authority of the State or the Commonwealth of Puerto Rico, within which the additional depository library is to be located. The justification for additional depository library designations shall be transmitted to the Superintendent of Documents by the Senator, Representative, or the Resident Commissioner from Puerto Rico, as the case may be. The Commissioner of the District of Columbia may designate two depository libraries in the District of Columbia, the Governor of Guam and the Governor of American Samoa may each designate one depository library in Guam and American Samoa, respectively, and the Governor of the Virgin Islands may designate one depository library on the island of Saint Thomas ana one on the island of Saint Croix. § 1906. Land-grant colleges constituted depositories Land-grant colleges are constituted depositories to receive Government publications subject to the depository laws.

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§ 1907. Libraries of executive departments, service academies, and independent agencies constituted depositories; certifications of need; disposal of unwanted publications The libraries of the executive departments, of the United States' Military Academy, of the United States Naval Academy, of the United States Air Force Academy, of the United States Coast Guard Academy, and of the United States Merchant Marine Academy are designated depositories of Government publications. A depository library within each independent agency may be designated upon certification of need by the head of the independent agency to the Superintendent of Documents. Additional depository libraries within executive departments and independent agencies may be designated to receive Government publications to the extent that the number so designated does not exceed the number of major bureaus or divisions of the departments and independent agencies. These designations may be made only after certification by the head of each executive department or independent agency to the Superintendent of Documents as to the justifiable need for additional depository libraries. Depository libraries within executive departments and independent agencies may dispose of unwanted Government publications after first offering them to the Library of Congress and the Archivist of the United States. § 1908. American Antiquarian Society to receive certain publications One copy of the public journals of the Senate and of the House of Representatives, and of the documents published under the orders of the Senate and House of Representatives, respectively, shall be transmitted to the Executive of the Commonwealth of Massachusetts for the use and benefit of the American Antiquarian Society of the Commonwealth. § 1909. Requirements of depository libraries; reports on conditions; investigations; termination; replacement Only a library able to provide custody and service for depository materials and located in an area where it can best serve the public need, and within an area not already adequately served by existing depository libraries may be designated by Senators, Representatives, the Resident Commissioner from Puerto Rico, the Commissioner of the District of Columbia, or the Governors of Guam, American Samoa, or the Virgin Islands as a depository of Government publications. The designated depository libraries shall report to the Superintendent of Documents at least every two years concerning their condition. The Superintendent of Documents shall make firsthand investiga* tion of conditions for which need is indicated and include the results of investigations in his annual report. When he ascertains that the number of books in a depository library is below ten thousand, other than Government publications, or it has ceased to be maintained so as to be accessible to the public, or that the Government publicationt* which have been furnished the library have not been properly maintained, he shall delete the library from the list of depository libraries if the library fails to correct the unsatisfactory conditions within six months. The Representative or the Resident Commissioner from Puerto Rico in whose area the library is located or the Senator who made the designation, or a. successor of the Senator, and, in the case of a library in the District of Columbia, the Commissioner of the District of Columbia, and, in the case of a library in Guam, American Samoa, or the Virgin Islands, the Governor, shall be notified and shall then be authorized to designate another library within the area served by him, which shall meet the conditions herein required, but which may not be in excess of the number of depository libraries authorized

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by law within the State, district, territory, or the Commonwealth of Puerto Rico, as the case may be. § 1910. Designations of replacement depositories; limitations on numbers; conditions The designation of a library to replace a depository library, other than a depository library specifically designated by law, may be made only within the limitations on total numl^rs specified by section 1905 of this title, and only when the library to be replaced ceases to exist, or when the library voluntarily relinquishes its depository status, or when the Superintendent of Documents determines that it no longer fulfills the conditions provided by law for depository libraries. § 1911. Free use of Government publications in depositories; disposal of unwanted publications Depository libraries shall make Government publications available for the free use of the general public, and may dispose of them after retention for five years under section 1912 of this title, if the depository library is served by a regional depository library. Depository libraries not served by a regional depository library, or that are regional depository libraries themselves, shall retain Government publications permanently in either printed form or in microfacsimile form, except superseded publications or those issued later in bound form which may be discarded as authorized by the Superintendent of Documents. § 1912. Regional depositories; designation; functions; disposal of publications Not more than two depository libraries in each State and the Commonwealth of Puerto Rico may be designated as regional depositories, and shall receive from the Superintendent of Documents copies of all new and revised Government publications authorized for distribution to depository libraries. Designation of regional depository libraries may be made by a Senator or the Resident Commissioner from Puerto Rico within the areas served by them, after approval by the head of the library authority of the State or the Commonwealth of Puerto Rico, as the case may be, who shall first ascertain from the head of the library to be so designated that the library will, in addition to fulfilling the requirements for depository libraries, retain at least one copy of all Government publications either in printed or microf acsimile form (except those authorized to be discarded by the Superintendent of Documents); and within the region served will provide interlibrary loan, reference service, and assistance for depository libraries in the disposal of unwanted Government publications. The agreement to function as a regional depository library shall be transmitted to the Superintendent of Documents by the Senator or the Resident Commissioner from Puerto Rico when the designation is made. The libraries designated as regional depositories may permit depository libraries, within the areas served by them, to dispose of Government publications which they have retained for five years after first offering them to other depository libraries within their area, then to other libraries. §1913. Appropriations for supplying depository libraries; restriction Appropriations available for the Office of Superintendent of Documents may not be used to supply depository libraries documents, books, or other printed matter not requested by them, and their requests shall be subject to approval by the Superintendent of Documents.

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§ 1914. Implementation of depository library program by Public Printer The Public Printer, with the approval of the Joint Committee on Printing, as provided by section 103 of this title, may use any measures he considers necessary for the economical and practical implementation of this chapter. CHAPTER 21—ARCHIVAL ADMINISTRATION Sec. 2101. 2102. 2103. 2104. 2105. 2106. 2107. 2108. 2109. 2110. 2111. 2112.

Definitions. Archivist of the United States. Acceptance of records for historical preservation. Responsibility for custody, use, and withdrawal of records. Preservation, arrangement, duplication, exhibition of records. Servicing records. Material accepted for deposit. Presidential archival depository. Depository for agreements between States. Preservation of motion-picture films, still pictures, and sound recordings. Reports; correction of violations. Legal status of reproductions; oflScial seal; fees for copies and reproductions. 2113. Limitation on liability. 2114. Records of Congress.

§2101. Definitions As used in sections 2103-2113 of this title— "Presidential archival depository" means an institution operated by the United States to house and preserve the papers and books of a President or former President of the United States, together with other historical materials belonging to a President or former President of the United States, or related to his papers or to the events of his official or personal life; "historical materials" including books, correspondence, documents, papers, pamphlets, works of art, models, pictures, photographs, plats, maps, films, motion pictures, sound recordings, and other objects or materials having historical or commemorative value. § 2102. Archivist of the United States The Administrator of General Services shall appoint the Archivist of the United States. § 2103. Acceptance of records for historical preservation When it appears to the Administrator of General Services to be in the public interest, he may— (1) accept for deposit with the National Archives of the United States the records of a Federal agency or of the Congress determined by the Archivist of the United States to have sufficient historical or other value to warrant their continued preservation by the United States Government; (2) direct and effect the transfer to the National Archives of the United States of records of a Federal agency that have been in existence for more than fifty years and determined by the Archivist of the United States to have sufficient historical or other value to warrant their continued preservation by the United States Government, unless the head of the agency which has custody of them certifies in writing to the Administrator that they must be retained in his custody for use in the conduct of the regular current business of the agency; (3) direct and effect, with the approval of the head of the originating agency, or if the existence of the agency has been terminated, then with the approval of his successor in function, if any, the transfer of records deposited or approved for deposit

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[82 STAT.

with the National Archives of the United States to public or educational institutions or associations; title to the records to remain vested in the United States unless otherwise authorized by Congress; and (4) transfer materials from private sources authorized to be received by the xVdministrator by section 3106 of this title. § 2104. Responsibility for custody, use, and withdrawal of records The Administrator of General Services shall be responsible for the custody, use, and withdrawal of records transferred to him. When 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 records applicable to the head of the agency from which the records were transferred or to employees of that agency are applicable to the Administrator, the Archivist of the United States, and to the employees of the General Services Administration, respectively. When the head of an agency states 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 the restrictions on the records so transferred, and may not remove or relax the restrictions without the concurrence in writing of the head of the agency from which the material was transferred, or of his successor in function, if any. Statutory and other restrictions referred to in this section shall remain in force until the records have been in existence for fifty years unless the Administrator by order determines as to specific bodies of records that the restrictions shall remain in force for a longer period. Restriction on the use or examination of records deposited with the National Archives of the United States imposed by section 3 of the National Archives Act, approved June 19, 1934, shall continue in force 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 was transferred or of his successor in function, if any. § 2105. Preservation, arrangement, duplication, exhibition of records The Administrator of General Services shall provide for the preservation, arrangement, repair and rehabilitation, duplication and reproduction (including microcopy publications), description, and exhibition of records or other documentary material transferred to him as may be needful or appropriate, including the preparation and publication of inventories, indexes, catalogs, and other finding aids or guides to facilitate their use. He may also prepare guides and other finding aids to Federal records and, when approved by the National Historical Publications Commission, publish such historical works and collections of sources as seem appropriate for printing or otherwise recording at the public expense. § 2106. Servicing records The Administrator of General Services shall provide and maintain facilities he considers necessary or desirable for servicing records in his custody that are not exempt from examination by statutory or other restrictions. § 2107. Material accepted for deposit When the Administrator of General Services considers it to be in the public interest he may accept for deposit— (1) the papers and other historical materials of a President or former President of the United States, or other official or

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former official of the Government, and other papers relating to and contemporaiT with a President or former President of the United States, subject to restrictions agreeable to the Administrator as to their use; and (2) documents, including 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, policies, decisions, procedures, and transactions. § 2108. Presidential archival depository (a) When the Administrator of General Services considers it to be in the public interest he may accept, for and in the name of the United States, land, buildings, and equipment offered as a gift to the United States for the purposes of creating a Presidential archival depository, and take title to the land, buildings, and equipment on behalf of the United States, and maintain, operate, and protect them as a Presidential archival depository, and as part of the national archives system; and make agreements, upon terms and conditions he considers proper, with a State, political subdivision, university, institution of higher learning, institute, or foundation to use as a Presidential archival depository land, buildings, and equipment of the State, subdivision, university, or other organization, to be made available by it without transfer of title to the United States, and maintain, operate, and protect the depository as a part of the national archives system. The Administrator shall submit a report in writing on a proposed congrels.*" Presidential archival depository to the President of the Senate and the Speaker of the House of Representatives, and include— a description of the land, buildings, and equipment offered as a gift or to be made available without transfer of title; a statement of the terms of the proposed agreement, if any; a general description of the types of papers, documents, or other historical materials proposed to be deposited in the Presidential archival depository so to be created, and of the terms of the proposed deposit; a statement of the additional improvements and equipment, if any, necessary to the satisfactory operation of the depository, together with an estimate of the cost; and an estimate of the annual cost to the United States of maintaining, operating, and protecting the depository. The Administrator may not take title to land, buildings, and equipment or make an agreement, until the expiration of the first period of 60 calendar days of continuous session of the Congress following the date on which the report is transmitted, computed as follows: Continuity of session is broken only by an adjournment sine die, but the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded. (b) When the Administrator considers it to be in the public interest, he may deposit in a Presidential archival depository papers, documents, or other historical materials accepted under section 3106 of this title, or Federal records appropriate for preservation. (c) When the Administrator considers it to be in the public interest, he may exercise, with respect to papers, documents, or other historical materials deposited under this section, or otherwise, in a Presidential archival depository, all the functions and responsibilities otherwise vested in him pertaining to Federal records or other documentary materials in his custody or under his control. The Administrator, in negotiating for the deposit of Presidential historical materials, shall take steps to secure to the Government, as far as possible, the right to have continuous and permanent possession of the materials. Papers,

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Records d i s posal.

Assistarjce to u n i v e r s i t i e s, etc.

Fees.

Office s p a c e for former P r e s i d e n t of U.S.

Gifts, b e q u e s t s, etc., acceptance.

Duplicate originals.

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documents, or other historical materials accepted and deposited under section 3106 of this title and this section are subject to restrictions as to their availability and use stated in writing by the donors or depositors, including the restriction that they shall be kept in a Presidential archival depository. The restrictions shall be respected for the period stated, or until revoked or terminated by the donors or depositors or by persons legally qualified to act on their behalf. Subject to the restrictions, the Admmistrator may dispose by sale, exchange, or otherwise, of papers, documents, or other materials which the Archivist determines to have no permanent value or historical interest or to be surplus to the needs of a Presidential archival depository. (d) When the Administrator considers it to be in the public interest, he may cooperate with and assist a university, institution of higher learning, institute, foundation, or other organization or qualifie(| individual to further or to conduct study or research in historical materials deposited in a Presidential archival depository. (e) When the Administrator considers it to be in the public interest, he may charge and collect reasonable fees for the privilege of visiting and viewing exhibit rooms or museum space in a Presidential archival depository. (f) When the Administrator considers it to be in the public interest, he may provide reasonable office space in a Presidential archival depository for the personal use of a former President of the United States. (g) When the Administrator considers it be in the public interest, he may accept gifts or bequests of money or other property for the purpose of maintaining, operating, protecting, or improving a Presidential archival depository. The proceeds of gifts or bequests, together with the proceeds from fees or from sales of historical materials, copies or reproductions, catalogs, or other items, having to do with a Presidential archival depository, shall be paid into the National Archives Trust Fund to be held, administered, and expended for the benefit and in the interest of the Presidential archival depository in connection with which they were received, including administrative and custodial expenses as the Administrator determines. 12109. Depository for agreements between States The Administrator of General Services may receive duplicate originals or authenticated copies of agreements or compacts entered into under the Constitution and laws of the United States, between States of the Union, and take necessary actions for their preservation and servicing. §2110. Preservation of motion-picture films, still pictures, and sound recordings The Administrator of General Services may 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 provide for preparing, editing, titling, scoring, processing, duplicating, reproducing, exhibiting, and releasing for non-profit educational purposes, motion-picture films, still pictures, and sound recordings in his custody. § 2111. Reports; correction of violations (a) When the Administrator of General Services considers it necessary, he may obtain reports from Federal agencies on their activities under chapters 21,26,27,29,31, and 33 of this title. (b) When the Administrator finds that a provision of chapter 21, 25, 27, 29, or 31 of this title has been or is being violated, he shall in-

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form in writing the head of the agency concerned of the violation and make recommendations for its correction. Unless corrective measures satisfactory to the Administrator are inaugurated within a reasonable time, the Administrator shall submit a written report of the Report to pre simatter to the President and the Congress. '''"* ""'^ congress. § 2112. Legal status of reproductions; official seal; fees for copies and reproductions (a) When records that are required by statute to be retained indefinitely have been reproduced by photographic, microphotographic, or other processes, in accordance with standards established by the Administrator of General Services the indefinite retention by the photographic, microphotographic, or other reproductions constitutes compliance with the statutory requirement for the indefinite retention of the original records. The reproductions, as well as reproductions made under regulations to carry out chapter 21, 29, and 31 of this title, shall have the same legal statuts as the originals. (b) There shall be an official seal for the National Archives of the United States which shall be judicially noticed. When a copy or reproduction, furnished under this section, is authenticated by the official seal and certified by the Administrator, the copy or reproduction 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 percent ^^^ limitation. above the costs or expenses for making or authenticating copies or reproductions of materials transferred to his custody. Fees shall be paid into, administered, and expended as a part of the National Archives Trust Fund. H e may not charge for making or authenticating copies Restriction. or reproductions of materials for official use by the United States Government. Eeimbursement may be accepted to cover the cost of fur- Reimbursement nishing copies or reproductions that could not otherwise be furnished. ° "^'^^ § 2113. Limitation on liability When letters and other intellectual productions, exclusive of material copyrighted or patented, come into the custody or possession of the Administrator of General Services, the United States or its agents are not liable for infringement of literary property rights or analogous rights arising out of use of the materials for display, inspection, research, reproduction, or other purposes. § 2114. Records of Congress The Secretary of the Senate and the Clerk of the House of Repre- Transmittal to sentatives, acting jointly, shall obtain at the close of each Congress all the noncurrent records of the Congress and of each congressional committee and transfer them to the General Services Administration for preservation, subject to the orders of the Senate or the House of Representatives, respectively.

CHAPTER 23—NATIONAL ARCHIVES TRUST FUND BOARD Sec.

2301. 2302. 2303. 2304. 2305. 2306. 2307. 2308.

Establishment of Board; membership, Authority of Board; seal; employees; bylaws, rules, regulations. Powers and obligations of Board; liability of members. Compensation of members; availability of trust funds for expenses of Board. Acceptance of gifts. Investment of funds. Trust fund account; disbursements; sales of publications and releases. Tax exemption for gifts.

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§ 2301. Establishment of Board; membership The National Archives Trust Fund Board shall consist of the Archivist of the United States, as Chairman, and the chairman of the House of Representatives, Committee on Post Office and Civil Service and the chairman of the Senate Committee on Post Office and Civil Service. The authority of the Administrator of General Services under section 754 of title 40 to regroup, transfer, and distribute functions within the General Services Administration does not extend to the Board or its functions. Membership on the Board is not an office within the meaning of the statutes of the United States. §2302. Authority of Board; seal; employees; bylaws, rules, regulations I n carrying out the purposes of this chapter, the Board may— (1) adopt an official seal, which shall be judicially noticed; (2) appoint, or authorize the Chairman to appoint, without regard to the civil-service laws, necessary employees, and fix their duties; and (3) adopt bylaws, rules, and regulations necessary for the administration of its functions under this chapter. § 2303. Powers and obligations of Board; liability of members The Board shall have all the usual powers and obligations of a trustee with respect to property and funds administered by it, but the members of the Board are not personally liable, except for malfeasance. § 2304. Compensation of members; availability of trust funds for expenses of Board Compensation may not be paid to the members of the Board for their services as members. Costs incurred by the Board in carrying out its duties under this chapter, including the expenditures necessarily made by the members of the Board in the performance of their duties and the compensation of persons employed by the Board, shall be paid out of income from trust funds available to the Board for the purpose. Unless otherwise restricted by the instrument of gift or bequest, the Board, by resolution, may authorize the Chairman to use for these purposes, or for any other purpose for which funds may be expended under this chapter, the principal of a gift or bequest accepted under this chapter. § 2305. Acceptance of gifts The Board may accept, receive, hold, and administer gifts or bequests of money, securities, or other personal property, for the benefit of or in connection with the national archival and records activities administered by the General Services Administration as may be approved by the Board. § 2306. Investment of funds The Secretary of the Treasury shall receipt for moneys or securities composing trust funds given or bequeathed to the Board and shall invest, reinvest, and retam the moneys or securities as the Board from time to time determines. The Board may not engage in business or exercise a voting privilege which may be incidental to securities in such trust funds, nor may the Secretary of the Treasury make investments for the account of the Board which could not lawfully be made by a trust company in the District of Columbia, unless directly authorized by the instrument of gift or bequest under which the funds to be invested are derived, and may retain investments accepted by the Board.

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§ 2307. Trust fund account; disbursements; sales of publications and releases The income from trust funds held by the Board, and the proceeds from the sale of securities and other personal property, as and when collected, shall be covered into the Treasury of the United States in a trust fund account to be known as the National Archives Trust Fund, subject to disbursement by the Division of Disbursement, Treasury Department, on the basis of certified vouchers of the Chairman or his authorized agent, unless otherwise restricted by the instrument of gift or bequest, for and in the interest of the national archival and records activities administered by the General Services Administration, including but not restricted to the preparation and publication of special works and collections of sources and the preparation, duplication, editing, and release of historical photographic materials and sound recordings. The Chairman may sell publications and releases authorized by this section and paid for out of the income derived from trust funds at a price which will cover their cost plus 10 percent, and moneys received from these sales shall be paid into, administered, and expended as part of the National Archives Trust Fund. § 2308. Tax exemption for gilis Gifts and bequests received by the Board under this chapter, and the income from them are exempt from taxes. CHAPTER 25—NATIONAL HISTORICAL COMMISSION

PUBLICATIONS

Sec.

2501. Creation; composition; appointment and tenure. 2502. Vacancies. 2503. Executive director; editorial and clerical staff; reimbursement of members for transportation expenses; honorarium. 2504. Duties; authorization of grants for collection, reproduction, and publication of documentary historical source material. 2505. Special advisory committees; membership; reimbursement. 2506. Records to be kept by grantees. 2507. Report to Congress.

§ 2501. Creation; composition; appointment and tenure The National Historical Publications Commission shall consist of the Archivist of the United States (or an alternate designated by him), who shall be Chairman; the Librarian of Congress (or an alternate designated by him); one Senator to be appointed, for a term of four years, by the President of the Senate; one Representative to be appointed, for a term of two years, by the Speaker of the House of Representatives; one member of the judicial branch of the Government 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 for terms of four years by the council of the Association; and two other members outstanding in the fields of the social or physical sciences to be appointed for terms of four years by the President of the United States. The Commission shall meet annually and on call of the Chairman. The authority of the Administrator of General Services under section 754 of title 40 to regroup, transfer, and distribute functions within the General Services Administration does not extend to the Commission or its functions.

sastat. ssi.

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§ 2502. Vacancies A 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 succeeds, and his appointment shall be made in the same manner as the appointment of his predecessor. § 2503. Executive director; editorial and clerical staff; reimbursement of members for transportation expenses; honorarium The Commission may appoint, without reference to chapter 51 of title 5, an executive director and such editorial and clerical staff as it determines to be necessary. Members of the Commission who represent a branch or agency of the Government shall serve as members of the Commission without additional compensation. All members of the Commission shall be reimbursed for transportation expenses incurred in attending meetings of the Commission, and members other than those who represent a branch or agency of the Government of the United States shall receive instead of subsistence en route to or from or at the place of service, for each day actually spent in connection with the performance of tlicir duties as members of the Commission, a sum, not to exceed $25, as the Commission prescribes. §2504. Duties; authorization of grants for collection, reproduction, and publication of documentary historical source material The Commission shall make plans, estimates, and recommendations for historical works and collections of sources, it considers appropriate for printing or otherwise recording at the public expense. I t shall also cooperate with and encourage appropriate Federal, State, and local agencies and nongovernmental institutions, societies, and individuals in collecting and preserving and, when it considers it desirable, in editing and publishing the papers of outstanding citizens of the United States, and other documents as may be important for an understanding and appreciation of the history of the United States. The Administrator of General Services may, within the limits of available appropriated and donated funds, make allocations to Federal agencies, and grants to State and local agencies and to nonprofit organizations and institutions, for the collecting, describing, preserving and compiling, and publishing (including microfilming and other forms of reproduction) of documentary^ sources significant to the history of the United States. Before making allocations and grants, the Administrator should seek the advice and recommendations of the National Historical Publications Commission. The Chairman of the Commission shall transmit to the Administrator from time to time, and at least annually, plans, estimates, and recommendations approved by the Commission. § 2505. Special advisory committees; membership; reimbursement The Commission may establish special advisory committees to consult with and make recommendations to it, from among the leading historians, political scientists, archivists, librarians, and other specialists of the Nation. Members of special advisory committees shall be reimbursed for transportation and other expenses on the same basis as members of the Commission. § 2506. Records to be kept by grantees (a) Each recipient of grant assistance under section 2504 of this title shall keep such records as the Administrator of General Services prescribes, including records which fully disclose the amount and disposition by the recipient of the proceeds of the grants, the total cost of the project or undertaking in connection with which funds are given or

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used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and any other records as will facilitate an effective audit. (b) The Administrator and the Comptroller General of the United States or their authorized representatives shall have access for the purposes of audit and examination to books, documents, papers, and records of the recipients that are pertinent to the grants received under section 2504 of this title. § 2507. Report to Congress The Administrator of General Services shall make an annual report to the Congress concerning projects undertaken and carried out under section 2504 of this title, including detailed information concerning the receipt and use of all appropriated and donated funds made available to him.

CHAPTER 27—FEDERAL RECORDS COUNCIL Sec.

2701.

Establishment; composition; chairman.

§ 2701. Establishment; composition; chairman The Administrator of General Services 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 chapters 21,25,27,29, and 31 of this title. The Council shall include representatives of the legislative, judicial, and executive branches of the Government in such number as the Administrator determines, but at least four representatives of the legislative branch, at least two representatives of the judicial branch, and at least six representatives 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 Representatives, respectively. Members oi the Council representing the judicial branch shall be designated by the Chief Justice of the United States. The Administrator may designate from persons named by the head of an executive agency concerned, not more than one representative from the agency to serve as a member of the Council. Members of the Council shall serve without compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of the duties as members of the Council. The Council shall elect a chairman from among its own membership, and shall meet at least annually. CHAPTER 29—RECORDS MANAGEMENT BY ADMINISTRATOR OF GENERAL SERVICES Sec. 2901. 2902. 2903. 2904. 2905. 2906. 2907. 2908. 2909. 2910.

Definitions. Records management, surveys, and reports. Custody and control of property. Records management by Administrator; duties generally. Establishment of standards for selective retention of records; security measures. Personal inspection and survey of records. Records centers for storage, process, and servicing of records. Regulations. Retentions of records. Final authority of Administrator in records practices,

§2901. Definitions As used in chapters 25 and 27, sections 2901, 2903-2910, chapter 31, and sections 2101-2115 of this title— "records" has the meaning given by section 3301 of this title; "records center" means an establishment maintained by the

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Administrator of General Services or by a Federal agency primarily for the storage, servicing, security, and processing of records that must be preserved for varying periods of time and need not be retained in office equipment and space; "servicing" means making available for use information in records and other materials in the custody of the Administrator— (1) by furnishing the records or other materials, or information from them, or copies or reproductions thereof, to agencies of the Government for official use, and to the public; and (2) by making and furnishing authenticated or unauthenticated copies or reproductions of the records and other materials; "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; "unauthenticated copies" means exact copies or reproductions of records or other materials that are not certified as such under seal and that need not be legally accepted as evidence. § 2902. Records management, surveys, and reports The Administrator of General Services may— (1) make surveys of Government records and records management and disposal practices and obtain reports on them from Federal agencies; (2) promote, in cooperation with the executive agencies, improved records management practices and controls in agencies, including the central storage or disposition of records not needed by agencies for their current use; and (3) report to the Congress and the Director of the Bureau of the Budget from time to time the results of these activities. § 2903. Custody and control of property The Administrator shall have immediate custody and control of the National Archives Building and its contents, and may 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. § 2904. Records management by Administrator; duties generally The Administrator of General Services shall provide for the economical and efficient management of records of Federal agencies by— (1) analyzing, developing, promoting, and coordinating standards, 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) promoting the efficient and economical utilization of space, equipment, and supplies needed to create, maintain, store, and service records. § 2905. Establishment of standards for selective retention of records; security measures The Administrator of General Services shall establish standards for the selective retention of records of continuing value, and assist Federal agencies in applying the standards to records in their custody. H e shall notify the head of a Federal agency of any actual, impending, or threatened unlawful removal, defacing, alteration, or destruction of records in the custody of the agency that shall come to his attention,

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and assist the head of the agency in initiating action through the Attorney General for the recovery of records unlawfully removed and for other redress provided by law. § 2906. Personal inspection and survey of records The Administrator of General Services may inspect or survey personally or by deputy the records of any Federal agency, and make surveys of records management and records disposal practices in agencies. Officials and employees of agencies shall give him full cooperation in inspections and surveys. Eecords, 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 regulation promulgated by the Administrator, subject to the approval of the head of the custodial agency. §2907. Records centers for storage, process, and servicing of records The Administrator of General Services may establish, maintain, and operate— (1) records centers for the storage, processing, and servicing of records for Federal agencies pending their deposit with the National Archives of the United States or their disposition in any other manner authorized by law; and (2) centralized microfilming services for Federal agencies. §2908. Regulations Subject to applicable law, the Administrator of General Services shall promulgate regulations governing the transfer of records from the custody of one executive agency to that of another. § 2909. Retention of records The Administrator of General Services may empower a Federal agency, upon the submission of evidence of need, to retain records for a longer period than that specified in disposal schedules approved by Congress; and, in accordance wnth regulations promulgated by him, may withdraw disposal authorizations covering records listed in disposal schedules approved by Congress. § 2910. Final authority of Administrator in records practices The Administrator of General Services shall have final authority in matters involving the conduct of surveys of Government records, and records creation, maintenance, management and disposal practices in Federal agencies, under sections 2904-2909 and 3101-3107 of this title, and the implementation of recommendations based on surveys.

CHAPTER 31—RECORDS MANAGEMENT BY FEDERAL AGENCIES Sec.

3101. 3102. 3103. 3104. 3105. 3106. 3107.

Records management by agency heads; general duties. Establishment of program of management. Storage, processing, and servicing of records. Certifications and determinations on transferred records. Safeguards. Unlawful removal, des'truction of records. Authority of Comptroller General.

§ 3101. Records management by agency heads; general duties The head of each Federal agency shall make and preserve records containing adecjuate and proper documentation of the organization, functions, policies, decisions, procedures, 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.

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§3102. Establishment of program of management The head of each Federal agency shall establish and maintain an active, continuing program for the economical and efficient management of the records of the agency. The program, among other things, shall provide for (1) effective controls over the creation, maintenance, and use of records in the conduct of current business; (2) cooperation with the Administrator of General Services in applying standards, procedures, and techniques designed to improve the management of records, promote 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 sections 2101-2113, 2501-2507, 2701, 2l)01, 2903-2909, and 3101-3107, of this title and the regulations issued under them. § 3103. Storage, processing, and servicing of records When the head of a Federal agency determines that it may effect substantial economies or increased operating efficiency, he shall provide for appropriate storage, processing, and servicing of records in a records center maintained and operated by the Administrator of General Services or, when approved by him, in a center maintained and operated by the head of the Federal agency. § 3104. Certifications and determinations on transferred records An official of the Government who is authorized to certify to facts on the basis of records in his custody, may certify to facts on the basis of records that have been transferred by him or his predecessors to the Administrator of General Services, and may authorize the Administrator to certify to facts and to make administrative determinations on the basis of records transferred to the Administrator, notwithstanding any other law. §3105. Safeguards The head of each Federal agency shall establish safeguards against the removal or loss of records he determines to be necessary and required by regulations of the Administrator of General Services. Safeguards shall include making it known to officials and employees of the agency— (1) that records in the custody of the agency are not to be alienated or destroyed except in accordance with sections 33013314 of this title, and (2) the penalties provided by law for the unlawful removal or destruction of records. § 3106. Unlawful removal, destruction of records The head of each Federal agency shall notify the Administrator of General Services of any actual, impending, or threatened unlawful removal, defacing, alteration, or destruction of records in the custody of the agency of which he is the head 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 another Federal agency whose records have been transferred to his legal custody. § 3107. Authority of Comptroller General Sections 2101-2113, 2501-2507, 2701, 2901, 2904^2910, and 3101-3107, of this title do not limit the authority of the Comptroller General of the United States with respect to prescribing accounting systems,

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forms, and procedures, or lessen the responsibility of collecting and disbursing officers for rendition of their accounts for settlement by the General Accounting Office. CHAPTER 33—DISPOSAL OF RECORDS Sec.

3301. Definition of records. 3302. Kegulations covering lists of records for disiposal, procedure for disposal, and standards for reproduction; approval by President. 3303. Lists and schedules of records to be submitted to Administrator of General Services by head of each Government agency. 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. 3307. Disposal of records upon failure of joint congressional committee to a c t 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 Administrator of General Services. 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.

§ 3301. Definition of records As used in this chapter, "records" includes all books, papers, maps, photographs, 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 reierence, and stocks of publications and of processed documents are not included. §3302. Regulations covering lists of records for disposal, procedure for disposal, and standards for reproduction; approval by President The Administrator of General Services 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. § 3303. Lists and schedules of records to be submitted to Administrator of General Services by head of each Government agency The head of each agency of the United States Government shall submit to the Administrator of General Services, under regulations promulgated as provided by section 3302 of this title—

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(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. § 3304. Lists and schedules of records lacking preservation value; submission to Congress by Administrator of General Services The Administrator of General Services shall submit to Congress when he considers it expedient, the lists or schedules submitted to him under section 3303 of this title, or parts of those lists or schedules, and lists or schedules of records in his legal custody, when it appears to him that the records listed in the lists or schedules 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 United States Government. The Administrator may not submit to Congress lists or schedules of records of any existing agency of the Government in his legal custody without first having obtained the written consent of the head of the agency. The Administrator may also submit to Congress, when he considers it expedient, schedules proposing the disposal, after the lapse of specified periods of time, of records of a specified form or character common to several or all agencies that either have accumulated or may accumulate in these agencies and that apparently will not, after the lapse of the periods specified, have sufficient administrative legal, research, or other value to warrant their further preservation by the United States Government.

^^!!rrl'°

Congress.

§ 3305. Examination of lists and schedules by joint congressional committee and report to Congress When the Administrator of General Services submits lists or schedules to Congress, the presiding officer of the Senate shall appoint two Senators who, with the members of the subcommittee on the Disposition of Executive Papers of the House of Representatives Committee on House Administration, shall constitute a joint committee to which lists or schedules shall be referred, and the joint committee shall examine them and submit to the Senate and House of Representatives, respectively, a report of its examination and its recommendations. § 3306. Disposal of records by head of Government agency upon notification by Administrator of General Services of action by joint congressional committee If the joint congressional committee reports that any of the records listed in a list or schedule referred to it 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, the Administrator of General Services shall notify the agency having the records in its custody of the action of the joint committee, and the agency shall cause the records to be disposed of

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in accordance with regulations promulgated under section 3302 of this title. Authorizations granted under schedules submitted under the last paragraph of section 3304 of this title shall be permissive and not mandatory. §3307. Disposal of records upon failure of joint congressional committee to act If the joint congressional committee does not report during a regular or special session of Congress on a list or schedule submitted to Congress by the Administrator of General Services at least ten days before adjournment of the session, the Administrator may empower an agency having in its custody records covered by the lists or schedules to dispose of them in accordance with regulations under section 3302 of this title. § 3308. Disposal of similar records where prior disposal was authorized When it appears to the Administrator of General Services 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 by Congress 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. §3309. Preservation of claims of Government until settled in General Accounting Office; disposal authorized upon written approval of Comptroller General 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 sections 3306-3308 of this title, 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. § 3310. Disposal of records constituting menace to health, life, or property When the Administrator of General Services 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 Administrator shall eliminate the menace immediately by any method he considers necessary. When records in the custody of the Administrator are disposed of under this section, the Administrator shall report their disposal to the agency from which they were transferred. § 3311. Destruction of records outside continental United States in time of war or when hostile action seems imminent; written report to Administrator of General Services 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

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GSA!"'*'"

[82 STAT.

(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 Administrator of General Services in which he shall describe the character of the records and state when and where he disposed of them. §3312. Photographs or microphotographs of records considered as originals; certified reproductions admissible in evidence 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. § 3313. Moneys from sale of records payable into the Treasury Moneys derived by agencies of the Government from t\ui sale of records disposed of under this chapter shall be paid into the Treasury of the United States unless otherwise required by law. §3314. Procedures for disposal of records exclusive 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.

CHAPTER 35—COORDINATION OF FEDERAL REPORTING SERVICES Sec.

3501. 3502. 3503. 3504. 3505. 3506. .3.')07. 3508.

Information for Federal agencies. Definitions. Duties of Director of the Bureau of the Budget. Designation of central collection agency. Independent collection by an agency prohibited, Determination of necessity for information; hearing. Cooperation of agencies in making information available. Unlawful disclosure of information; penalties; release of information to other agencies. 3509. Plans or forms for collecting information; submission to Director; approval. 3510. Rules and regulations. 3511. Penalty for failure to furnish information.

§ 3501. Information for Federal agencies Information needed by Federal agencies shall be obtained with a minimum burden upon business enterprises, especially small business enterprises, and other persons required to furnish the information, and at a minimum cost to the Government. Unnecessary duplication of efforts in obtaining information through the use of reports, questionnaires, and other methods shall be eliminated as rapidly as practicable. Information collected and tabulated by a Federal agency shall, as far as is expedient, be tabulated in a manner to maximize the usefulness of the information to other Federal agencies and the public. §3502. Definitions As used in this chapter— "Federal agency" means an executive department, commission, independent establishment, corporation owned or controlled by the United States, board, bureau, division, service, office, authority, or administration in the executive branch of the Government; but does not include the General Accounting Office nor the gov-

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emments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions; "person" means an individual, partnership association, corporation, business trust, or legal representative, an organized group of persons, a State or territorial government or branch, or a political subdivision of a State or territory or a branch of a political subdivision; "information"' means facts obtained or solicited by the use of written report forms, application forms, schedules, questionnaires, or other similar methods calling either for answers to identical questions from ten or more persons other than agencies, instrumentalities, or emplo3rees of the United States or for answers to questions from a^ncies, instrumentalities, or employees of the United States which are to be used for statistical compilations of general public interest. § 3503. Duties of Director of the Bureau of the Budget With a view to carrying out the policy of this chapter, the Director of the Bureau of the Budget from time to time shall— (1) investigate the needs of the various Federal agencies for information from business enterprises, from other persons, and from other Federal agencies; (2) investigate the methods used by agencies in obtaining information; and (3) coordinate as rapidly as possible the information-collecting services of all agencies with a view to reducing the cost to the Government of obtaining information and minimizing the burden upon business enterprises and other persons, and using, as far as practicable, for continuing organization, files of information and existing facilities of the established Federal agencies. § 3504. Designation of central collection agency When, after investigation, the Director of the Bureau of the Budget is of the opinion that the needs of two or more Federal agencies for information from business enterprises and other persons will be adequately served by a single collecting agency, he shall fix a time and place for a hearing at which the agencies concerned and other interested persons may have an opportunity to present their views. After the hearing, the Director may issue an order designating a collecting agency to obtain information for two or more of the agencies concerned, and prescribing (with reference to the collection of information) the duties and functions of the collecting agency so designated and the Federal agencies for which it is to act as agent. The Director may modify the order from time to time as circumstances require, but modification may not be made except after investigation and hearing. § 3505. Independent collection by an agency prohibited While an order or modified order is in effect, a Federal agency covered by it may not obtain for itself information which it is the duty of the collecting agency designated by the order to obtain. §3506. Determination of necessity for information; hearing Upon the request of a party having a substantial interest, or upon his own motion, the Director of the Bureau of the Budget may determine whether or not the collection of information by a Federal agency is necessary for the proper performance of the functions of the agency or for any other proper purpose. Before making a determination, he may give the agency and other interested persons an opportunity to

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[82 STAT.

be heard or to submit statements in writing. To the extent, if any, that the Director determines the collection of information by the agency is unnecessary, for any reason, the agency may not engage in the collection of the information. § 3507. Cooperation of agencies in making information available For the purposes of this chapter, the Director of the Bureau of the Budget may require a Federal agency to make available to another Federal agency information obtained from any person after December 24, 1942, and all agencies are directed to cooperate to the fullest practicable extent at all times in making information available to other agencies. This chapter does not apply to the obtaining or releasing of information by the Internal Revenue Service, the Comptroller of the Currency, the Bureau of the Public Debt, the Bureau of Accounts, and the Division of Foreign Funds Control of the Treasury Department, nor to the obtaining by a Federal bank supervisory agency of reports and information from banks as authorized by law and in the proper performance of the agency's functions in its supervisory capacity. § 3508. Unlawful disclosure of information; penalties; release of information to other agencies (a) If information obtained in confidence by a Federal agency is released by that agency to another Federal agency, all the provisions of law including penalties which relate to the unlawful disclosure of information apply to the officers and employees of the agency to which information is released to the same extent and in the same manner as the provisions apply to the officers and employees of the agency which originally obtained the information. The officers and employees of the agency to which the information is released, in addition, shall be subject to the same provisions of law, including penalties, relating to the unlawful disclosure of information as if the information had been collected directly by that agency. (b) Information obtained by a Federal agency from a person under this chapter may be released to another Federal agency only— (1) in the form of statistical totals or summaries; or (2) if the information as supplied by persons to a Federal agency had not, at the time of collection, been declared by that agency or by a superior authority to be confidential; or (3) when the persons supplying the information consent to the release of it to a second agency by the agency to which the information was originally supplied; or (4) when the Federal agency to which another Federal agency releases the information has authority to collect the information itself and the authority is supported by legal provision for criminal penalties against persons failing to supply the information. § 3509. Plans or forms for collecting information; submission to Director; approval A Federal agency may not conduct or sponsor the collection of information upon identical items, from ten or more persons, other than Federal employees, unless, in advance of adoption or revision of any plans or forms to be used in the collection— (1) the agency has submitted to the Director the plans or forms, together with copies of pertinent regulations and of other related materials as the Director of the Bureau of the Budget has specified; and (2) the Director has stated that he does not disapprove the proposed collection of information.

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§ 3510. Rules and regulations The Director of the Bureau of the Budget may promulgate rules and regulations necessary to carry out sections 3501-3511 of this title. § 3511. Penalty for failure to furnish information A person failing to furnish information required by an agency shall be subject to penalties specifically prescribed by law, and no other penalty may be imposed either by way of fine or imprisonment or by the withdrawal or denial of a right, privilege, priority, allotment, or immunity, except when the right, privilege, priority, allotment, or immunity is legally conditioned on facts which would be revealed by the information requested.

CHAPTER 37—ADVERTISEMENTS BY GOVERNMENT AGENCIES Sec.

3701. Advertisements for contracts in District of Columbia. 3702. Advertisements not to be published without written authority. 3703. Rate of payment for advertisements, notices, and proposals.

§ 3701. Advertisements for contracts in District of Columbia Advertisements for contracts for the public service may not be published in any newspaper published and printed in the District of Columbia unless the supplies or labor covered by the advertisement are to be furnished or performed in the District of Columbia or in the adjoining counties of Maryland or Virginia. §3702. Advertisements not to be published without written authority Advertisements, notices, or proposals for an executive department of the Government, or for a bureau or office connected with it, may not be published in a newspaper except under written authority from the head of the department; and a bill for advertising or publication may not be paid unless there is presented with the bill a copy of the written authority. §3703. Rate of payment for advertisements, notices, and proposals Advertisements, notices, proposals for contracts, and all forms of advertising required by law for the several departments of the Government may be paid for at a price not to exceed the commercial rates charged to private individuals, with the usual discounts. But the heads of the several departments may secure lower terms at special rates when the public interest requires it. The rates shall include the furnishing of lawful evidence, under oath, of publication, to be made and furnished by the printer or publisher making publication. SEC. 2. (a) The legislative purpose in enacting section 1 of this Act is to restate, without substantive change, the laws replaced by those sections on the effective date of this Act. Laws effective after January 14, 1968, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency. (b) A reference to a law replaced by section 1 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. (c) An order, rule, or regulation in effect under a law replaced by section 1 of this Act shall continue in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. (d) An action taken or an offense committed under a law replaced by section 1 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.

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Repeals.

[82

STAT.

(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of its caption or catchline. (f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in one or more of its applications, the provision remains in effect in all valid applications that are severable from the invalid application or applications. SEC. 3. The laws specified in the following schedule are repealed except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this Act and except as provided by section 2 of this Act: Revised Statutes Sections 79, 210, 383, 501, 502, 504, 853, 854, 3686, 3805, 3806, ^810, 3828. STATUTES AT LARGE Statutes at Larfe Chapter

Date

Section Volume

Page

1814 DK.

248

1 J.R. 7..

1874 June 20

328....

1 (2 paragraphs under "Public Printii^"). (1st proviso on p. 90)

88 90

1175 Feb. 18 80

1 (3 lines amendinf R.S. 79)

317

(last 48 words of 2d full paracrapti on p. lOS).

IQS

1876 Jiriy 31

246....

1877

20

[he. 10 6 1878 June 20

3S9....

20

21C

22

391

1 (4th paragraph under "Public Printing").

25

57

1 (test 32 «»ords on p. 447).

2t

447

1-16,18-22,25,26,28-32, 35-42, 45, 47, 49-64,66-76, 78-84,86-95, 97-100. 1 (last 26 words of 1st paragraph on p. 805) 1 (paragraph beginning "Statement of Appropriations" and following paragraph). 1 (lines 10-28 on p. %0) 1 (4th paragraph on p. 961) 1 (lines 12-15 on p. 962)

28

601-624

28 28

805 958

28 28 28 2 9

960 91 6 92 6 49 5

1 (lines 12-20 on p. 453) 1 (1st full paragraph on p. 454).

2 9 2 9 29 2 9 2 9

43 6 46 6 468 43 5 44 5

1 (lines 8-17, 23-26, on p. 61). 1 (2d proviso on p. 62)

2 9 30 30

70 0 6 1 62

30

1388

1 (Stti paragraph on p. 216).

1882 Auf. 3 J.R. 63. 1888 Mar. 30 47 1894 Au|. 23 307.... 1895 Jan. 12 23 Mar. 2

177....

Dec. 18 J.R. 1.. 1896 Feb. 7 Mar. 13 19 June U

J.R. 14. J.R. 23. J.R. 31. 420....

1897 Feb. 17 J.R. 12. June 4 2 1899 Jan. 28 J.R. 12.

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